PAPER C

Purpose : For Decision

REPORT TO THE EXECUTIVE

Date : 2 JUNE 2004

Title : OBJECTIONS TO THE CAR PARKING PLACES ORDER 2004

REPORT OF THE PORTFOLIO HOLDER FOR TRANSPORT

IMPLEMENATION DATE : 14 June 2004

SUMMARY/PURPOSE

1. To consider objections to the Parking Places Order and the responses to them. Copies of the representations have been copied onto CD for members of the Executive and a paper copy is available in the Member’s Room.

BACKGROUND

2. Last year following a comprehensive Islandwide study that examined public parking in major towns on the Island, significant revisions to the charging policy, hours of operation and permits were introduced. This year’s review of the Parking Places Order has focussed on applying those revisions to parking areas where charges are not currently levied. Certain other minor operational changes have been advertised at the same time and provision has been included to facilitate changes consistent with the Council’s Integrated Travel Plan, the implementation of which is still subject to negotiation.

3. A Parking Places Order reflecting these changes was subsequently advertised in March for public consultation and the comments received are reported in Appendix A to this report.

STRATEGIC CONTEXT

4. The control of car parking is an important traffic management tool in any demand management strategy and price control is one of the most effective means of regulating this. However, to create a fairer system for all, in line with the Council’s corporate objective of high quality Council services, it is appropriate for tariffs to be uniformly applied across the Island. Investing more resources in public transport and other sustainable alternatives to private car use is consistent with the aims and objectives set out in the Council’s Local Transport Plan, namely encouraging travel by sustainable means; make best use of the existing transport infrastructure; enhance the quality of Island life; and managing the demand for travel by controlling the parking supply to discourage commuting using the carrot and stick approach.

5. The need as part of the objectives of the Local Transport Plan to discourage car usage and to encourage alternative methods of working and travel to work is a particularly important aspect of the Council’s car parking policy. During recent months there have been discussions with Members, the Council’s employees, and their representatives, about proposed measures to help achieve an Integrated Workplace Travel Plan for the Council. These will include measures such as more flexible working arrangements, encouraging alternative methods of travelling to work and business travel, car-sharing, charges for staff car parking and discounted or free public transport. This is an area of transport policy where the Council should lead by example.

6. Members of the Environment & Transport Select Committee have recently conducted a strategic overview of parking demand management and resolved to recommend to Executive that the policy of a demand management strategy for car parking should only operate where there is a viable and sustainable business case for each car park that yields a financial return and that the additional money raised be ring fenced and utilized for improvements in Public Transport.

7. In most cases this is not inconsistent with the existing traffic management led approach and is merely a refinement as it is unlikely that where the level of use is insufficient to generate enough income to break even, there will be significant traffic management issues to resolve.

8. The Select Committee also asked that the introduction of special residents parking cards similar to those operated by New Forest District Council be investigated. Officers are actively researching this and it will be the subject of a separate report at a later date. Such a scheme would entitle Island householders to park in Isle of Wight Council car parks, subject to any existing restrictions, for an annual fee of around £80 per year. The feasibility of extending the scheme to include residents parking scheme is also under evaluation.

CONSULTATION

9. The proposals for the 2004 Parking Places Order took into account the results of the consultation undertaken last year for the current Order. As a result, no increase in the general tariffs are proposed and the advertised increases in permit charges merely reflect the incremental package approved last year.

10. The proposed changes have been formally advertised through the Traffic Regulation Order process, which invites both statutory consultees and the general public to comment. Some 240 letters and eight petitions containing some 3,800 signatures have been received.

FINANCIAL/BUDGET IMPLICATIONS

11. In response to the recommendation of the Select Committee, a financial business case for each parking area has been prepared. These business cases have been prepared to reflect the fact that each parking area will have to be regularly inspected and administered as well as incurring additional direct operating costs. On this basis a number of the proposed areas for charging do not show a surplus, even after the initial set-up costs have been absorbed. If Members are minded to adopt the Select Committee’s views then they should consider the option that charges are not introduced at those locations, outlined in Option B, on the grounds that it does not provide an economic benefit to do so.

LEGAL IMPLICATIONS

12. The relevant powers are contained in the Road Traffic Regulation Act 1984, as amended. The procedure for introducing Traffic Regulation Orders is set out in the Local Authorities’ Traffic Orders (Procedure) (England & Wales) Regulations 1996. There is a six- week period after the making of the final Order when it may be challenged in the High Court, but only on procedural grounds.

13. In placing this paper before the Executive consideration has been given to the rights set out in Article 8 (right to respect for private and family life) and Article 1 of the First Protocol (right to peaceful enjoyment of possessions) of the European Convention on Human Rights.

14. The impact of this Order has been carefully considered. Insofar as there is an interference with the rights of third parties it is considered necessary for the protection of the rights and freedoms of the community as a whole. It is also considered that such an action is proportionate to the legitimate aim and in the public interest.

15. The Council has consulted with the Crime & Disorder facilitator and will be liaising on any details of the proposals with regard to the reduction of crime through design.

OPTIONS

a. To approve the Order as advertised.

b. That amendments to the Order are approved that do not impose charges at Chilton Chine; Whale Chine; Warnes Lane, Brighstone; Fort Victoria, Totland Broadway, Smugglers Haven, Wheelers Bay, Dudley Road & Eastcliff, Ventnor; and Bouldnor Viewpoint. That all other advertised changes are implemented as advertised.

c. To enter into a period of consultation over an Island residents parking scheme based on an annual charge for access to the existing car parking network.

EVALUATION / RISK MANAGEMENT

16. Car parking charges are always a contentious issue. The contribution parking revenue makes to public transport support and highway schemes should be better explained. The promotion of season and tourist tickets was one of the recommendations made by the Car Park Task Group as being consistent with more open government and also defuses allegations of revenue maximisation. These are being actively advertised on Wightlink ferries and marketed directly through hotels and guest houses.

17. Concern has been expressed that at a number of the more remote locations, the collection of tariffs will be uneconomic. The primary consideration should still be the need to regulate parking as part of a demand management strategy and I am satisfied that of the areas that do not have a robust business case, the level of use is such that demand management will not be compromised.

RECOMMENDATIONS

18. That Option (b) above is approved.

BACKGROUND PAPERS

19. Letters of objection forwarded to Legal Services.

Due to the large number of objections, it has been necessary to save the letters in batches. Please click via the numbers below to view:-

Contact Point: Peter Taylor, Engineering Services 823777 [email protected]

S MATTHEWS

Head of Engineering Services

E FOX

Portfolio Holder for Transport

Isle of Wight Council (Parking Places) Order No 1 2004 APPENDIX A

Parking Area	Number of Responses	Comments	Remarks
The Heights, Sandown	25 letters plus 2 petitions of 13 & 44 signatures.	The majority of letters are from users of The Heights Leisure Centre who object to the withdrawal of the free parking facility, other comments complain about paying to visit the Council offices.	There is no sustainable reason for not charging at this prime location, charges are levied at parking areas adjacent to other attractions elsewhere such as the Waterside Pool at Ryde and West Wight Swimming Pool. A system of double ticketing could be investigated whereby parking fees were refunded but there may be VAT implications.
The Arboretum / Medina Theatre, Newport	30 letters plus 2 petitions of 13 & 672 signatures	Petitions and a number of the letters object to charges to park to use the leisure centre / swimming pool. A number of letters are from teachers and sixth form pupils at Medina High School who use the car park because of lack of space within the school’s own facilities. Concerns that displaced parking may obstruct access road.	Similar remarks apply. Medina High School car park has space for 61 vehicles. Parking guidelines suggest 62 spaces are appropriate for an educational establishment of this size.
Warnes Lane, Brighstone	42 letters plus 2 petitions of 71 & 562 signatures.	Many of the objections are from parents of children attending Brighstone CE Primary School who are encouraged to use the car park as part of a Safer Routes to School initiative. Other concerns relate to increased congestion as a result of increased on street parking and also concerns that charges will affect tourism and the viability of local shops and businesses.	Use of the car park for school drop off / pick up is appropriate. This can be managed either by the issue of permits or writing an exclusion into the parking order exempting vehicles for up to 15 minutes at school start / finish times. The introduction of parking charges in other tourist areas has not acted as a deterrent and is not expected to have a significant impact in Brighstone.
Fort Victoria Country Park, Yarmouth	13 letters	Principally, objections come from the businesses and tourist attractions based at the Country Park who feel that charges will deter visitors and hence threaten the viability of their business. Some also question the financial viability of installing meters and patrolling them.	Experience elsewhere does not support the view that tourists are deterred by car parking charges. Charges are currently levied at Alum Bay and Blackgang Chine. Visitors taking advantage of Tourist Tickets would not incur any additional costs and can cost as little as £2.80 per day for unlimited use.
High Street, Carisbrooke	21 letters plus 2 petitions of 6 & 1792 signatures	Main concerns are about the effect charges will have on the viability of local shops, residents are also concerned that there is very little on street parking in Carisbrooke and they have no choice but to use the car park. Other concerns relate to the effect on parents dropping off and picking up children from school. Churchgoers and users of the adjacent hall will be affected.	Free parking at such locations is no longer sustainable or consistent with parking policy. Residents will still benefit from free overnight parking and those living within 100 metre radius would currently be eligible for a discounted residents permit at £80 p.a. The use of the car park for dropping of and picking up children should not be discouraged and can be managed with permits or a 15 minute exemption as suggested for Brighstone.
Appley Park, Ryde	18 letters	A number of the objectors make reference to a covenant on the land that they feel prevents charges being levied. Other objections come from beach hut owners who feel they already pay heavily for use of the facilities.	The Property Services Manager has not identified such a covenant. This is consistent with charges made for other facilities and the fact that charges for parking were previously levied by Medina Borough Council until 1995 when the present concession was introduced.
Puckpool Park, Ryde	16 letters	Similar objections from beach hut owners, also there are concerns that charging will deter people from using the facilities within Puckpool Park with financial consequences.	Experience elsewhere does not support the view that tourists are deterred by car parking charges. Charges are currently levied at other attractions. Tourist Tickets are available to all and holders would not incur any additional fee to park, and can cost as little as £2.80 per day for unlimited Islandwide use.
Brannon Way, Wootton Bridge	20 letters plus a petition of 920 signatures.	Charges would be a huge blow to local regeneration initiatives and have an adverse effect on the viability of local shops and the Community Centre. Residents are concerned at the loss of the free facility as there is limited on street parking available.	Free parking at such locations is no longer sustainable or consistent with parking policy. Residents will still benefit from free overnight parking and those living within 100 metre radius would currently be eligible for a discounted residents permit at £80 p.a. free, time limited on street parking is available in High Street fronting the shops there.
Whale Chine, Military Road, Chale	11 letters.	Concerns that people will park on highway verges to avoid paying in the car park. A number question the viability of charges at such a remote location.	This is not the experience at Hanover Point, nr Compton Bay where the National Trust already charge for car parking. Parking on the verge usually only occurs when the parking area is full. Estimated income for a full year is calculated to exceed set up costs.
Chilton Chine, Military Road, Brighstone	2 Letters	A number of objectors question the Council’s ownership of this area and therefore the right to charge for parking.	Property Services Manager cannot find any trace of ownership. Responsibility was assumed as it featured in South Wight Borough Council’s Parking Places Order prior to Unification. If charges were no longer to be levied, the Council would be unable to fund future maintenance work.
Seaclose Park, Newport	11 Letters	Users of the sports and recreational facilities at Seaclose object to the loss of free parking, other concerns are from staff at Seaclose about workplace parking charges and the effect on public visitors	See comments on The Heights, Sandown. The issue of workplace parking and Integrated Travel Plans for Council staff is due for consideration by Executive on 21^st April. Public visitors to Jubilee Stores are issued with special permits and a similar arrangement can be put in place for callers at Seaclose.
County Hall Complex, Newport	5 letters of objection plus one petition of 106 signatures, 2 letters of support	Objections are from staff opposed to car park charges for Isle of Wight Council staff. Some feel there is already insufficient space without allowing public access. Other concerns relate to security / access for Magistrates Court.	Advertised proposals were to formalise the process whereby parking at County Hall can be used by the public at non operational times, ie Christmas. They will also facilitate any changes consistent with any Integrated Travel Plans agreed by the Council after consultation with employee representatives.
The Parade, Cowes	6 letters	Winter charges will further deter people from using the town and inevitably affect the sustainability of local shops. Charges will penalise the indigenous population.	These changes are for operational reasons. At present both are subject to maximum of 4 hour limited waiting to prevent commuter parking however charges are only levied in the summer period. Despite extensive signing, large numbers of excess charge notices are issued as the public perceive there are no restrictions as the machines are covered up. All year charging will result in fewer ECN’s
The Common, Yarmouth	4 letters	Winter charges will adversely affect local trade
Pier Road, Seaview	4 letters	Car park is predominately used by residents, displaced parking on street will increase congestion.	See comments on High Street, Carisbrooke.
Botanic Gardens, Ventnor	3 letters	Charges for short stay are too high and do not allow visitors to make proper use of the facilities	The charges are determined by the Botanic Gardens themselves and the area administered by Engineering Services for a management fee.
St Marys’ Road, Cowes	1 letter	Loss of free on-street parking will deter people from using the town.	Both roads currently have Residents’ Only parking and are adjacent to Pay & Display Car Parks. 75% of spaces are available for 2 hour free parking and residents are being disadvantaged as a result. The introduction of on-street charges will prevent non-residents from escaping charges and improve availability for residents. Resident permit holders will be exempt.
New Street, Newport	43 signature petition	Residents are concerned that they already have difficulty parking and Pay & Display will only make matters worse.
Viewpoint Car Park, Bouldnor	2 letters	Question the financial viability of introducing charges, concerns that displaced parking will be a hazard.	The anticipated income will cover installation / set up costs within two years. Displaced parking is not expected to be an issue.
The Broadway, Totland	5 letters	Local people may well stop using local businesses, which would be detrimental to the area. Previous studies suggested it was uneconomic to charge,	The predicted income will cover installation / set up costs within two years.
Smugglers Haven, Bonchurch	13 letters	The majority of objections refer to the general loss of free car parks in the Ventnor area and that charging would not be cost effective. Charging would be contrary to regeneration efforts being made through the Market Town Initiative and will be an impediment to the development of the local tourist industry. Will affect residents who have no off street parking.	Free parking in such locations is no longer sustainable or consistent with parking policy. Residents will still benefit from free overnight parking and those living within 100metre radius would currently be eligible for a discounted residents permit at £80 p.a. All four parking areas are expected to recoup their set up costs in the first full year of operation.
Wheelers Bay, Ventnor	17 letters
Dudley Road, Ventnor	17 letters
East Cliff, Ventnor	10 letters

GENERAL COMMENTS
Charges will have an adverse effect on tourism	12 letters	Experience elsewhere does not support the view that tourists are deterred by car parking charges. Charges are currently levied at Alum Bay and Blackgang Chine. Visitors taking advantage of Tourist Tickets would not incur any additional costs and can cost as little as £2.80 per day for unlimited use. Charges compare favourably with mainland charges.
Displaced parking will be a hazard	2 letters	It is not anticipated that this will a significant issue at any of the proposed locations. If problems do arise, traffic management measures can be considered.
Charges in rural areas will have an adverse effect on AONB and Heritage Coast. Will lead to parking on the verges along the Military Road.	10 letters	See comments re Whale Chine above. Particular attention will be given to appropriate and sympathetic signing. Methods of charging other than Pay & Display machines have been considered but none are appropriate given the rural locations concerned.
Question whether it is financially viable to charge at some of the more remote locations	9 letters	Generally this package of measures is estimated to increase income by £117,000 after set up costs in the first full year. Some more remote areas will not recover their individual costs until the second year. Income generation is only one factor to be considered in Car Park Management.
Unfair planning policies force residents to rely on off street car parks	1 letter	Policies are clearly set out in the Unitary Development Plan however do not appear to be working well. The Council is discussing with GOSE possible relaxations due to the number of developments that make no provision for off-street car parking. The sustainability of the off street £80 residents’ permits is a matter for further consideration.
Seasonal charging period should not be extended to include April	2 letters	April has been included in previous years, and covers the start of what is considered to be an extended holiday season.
Both car parks in Freshwater should have a free afternoon.	2 letters	It is policy that only one car park per town should benefit from this and there was a stated preference for this to be Moa Place rather than Avenue Road.
Charges will have a restrictive / detrimental effect on local trade.	8 letters	No evidence that this has been the case in the past.
Increase in general permits is extortionate and over three times current inflation level.	7 letters	The increases in permit charges were approved by the Executive last year.
Charges seen as indirect taxation, a ‘Stealth tax’	8 letters	Income from charges is targeted towards better public transport provision and other sustainable transport modes.