Title : TRAFFIC REGULATION ORDERS

REPORT OF THE LEADER AND PORTFOLIO HOLDER FOR TRANSPORT

IMPLEMENTATION DATE : 24 MARCH 2003

SUMMARY/PURPOSE

1. To establish revised arrangements for the determination of Road Traffic Regulation Orders and to make necessary changes to the current arrangements, including a recommendation to Full Council to amend the constitution to reflect the new arrangements.

BACKGROUND

2. Members will be aware that since modernisation the Regulatory Appeals Panel dealt with a range of matters including determining Traffic Regulation Orders where objections had been received. Members will also recall that the Council implemented Modernisation prior to all the legislation being made and implemented by the Government.

3. Legislation (Local Government Act 2000 and The Local Authorities (Functions and Responsibilities)(England) Regulations 2000), which has been amended since the adoption of the constitution, requires that Traffic Regulation Orders are an Executive function and can only be dealt with through the Executive and not the Regulatory Appeals Committee. Therefore to comply with the law the Council needs to amend its Constitution removing reference from the Regulatory Appeals Committee to Traffic Regulation Orders.

STRATEGIC CONTEXT

4. As this paper is dealing with changing an existing a process rather than new Council Policy/service delivery the strategic context is that the Council should comply fully with the law.

CONSULTATION

5. The relevant officers and Chairman of the Regulatory Appeals Committee have been consulted and all understand the need for this change.

FINANCIAL/BUDGET IMPLICATIONS

6. The proposal is to substitute an existing process for another and it is anticipated that this will have very minimal budgetary implications. All the costs relating to any new procedures may add marginally to existing budgetary pressures but it is not anticipated that these cannot be managed within existing resources.

LEGAL IMPLICATIONS

7. As detailed in the background this paper has been produced to ensure that the Council complies with the legal requirements. Failure to address the issue could lead to action against to the Council. To avoid any doubt it is suggested that the Executive also formally approve all earlier decisions of the Regulatory Appeals Committee.

OPTIONS

8. It is a legal requirement for Traffic Regulation Orders to be dealt with as an Executive function. However there are a number of options open to the Executive as to how this matter should be dealt with in the future and these are:

(i) All Orders to be dealt with by the Executive itself;

(ii) This function to be delegated to a Sub Committee of the Executive (made up of Executive members);

(iii) This function to be delegated to the Portfolio Holder; or

(iv) This function to be delegated to Officers.

EVALUATION/RISK MANAGEMENT

9. Taking each of the options in turn:

(i) Dealt with by the Executive

This would mirror the existing arrangements, the reports coming to the Executive instead of the Regulatory Appeals Committee. However in the last year or so about 20 such reports have been considered and it is suggested that if the Executive is to keep (and further improve) its strategic approach that it would be inappropriate for the Executive to spend time considering what are in effect detailed operational issues.

(ii) Sub Committee of the Executive

The Executive could establish a small Sub Committee (say three members of the Executive including the Portfolio holder for Transport) to deal with these matters. This would mirror the existing arrangements but also free up the Executive to keep its strategic focus. The Sub Committee could meet as and when necessary and could be timed to meet immediately following meetings of the Executive thus making best use of Members time.

(iii) Delegation to the Portfolio Holder

Our existing arrangements for matters being considered and determined by the Portfolio Holder alone are sufficient to enable these matters to be dealt with in this way. However this would mark a departure from our existing arrangements of ensuring that a number of members have input into the decision given the potential controversy (in a parochial sense) that such matters frequently seem to cause.

(iv) Delegation to Officers

These matters could be dealt with by extending the delegation to Officers to enable them to deal with them. However for the reasons set out in (iii) above it is felt that this would be the least acceptable change to the current arrangements as there is value in the proposals receiving fresh consideration by Members.

10. The risk associated with each option is not high. The first option will mean that the Executive will be diverted away from its strategic approach. The risk in the last option is that there is no fresh consideration of the matter leading to allegations that the Council is not considering any representations duly submitted.

11. Given that we need to change an established procedure to meet the legal requirements it is suggested that any changes should, as far as possible, mirror existing arrangements. Therefore the preferred option is for these matters to be dealt with by a Sub Committee of three Executive members (include the Portfolio Holder for Transport). This will demonstrate that the Council does give fresh consideration to objections and that such consideration is given by a Panel rather than one individual. Additionally the full Executive will not have its agenda filled with these routine (but nonetheless important) matters.

RECOMMENDATIONS

12. That for the avoidance of doubt all the previous decisions of the Regulatory Appeals Committee in relation to Traffic Regulation Orders be confirmed.

13. That a Sub Committee of the Executive comprising of three members of the Executive (to include the Portfolio Holder for Transport) be established with delegated powers to consider and determine all Traffic Regulation Orders were objections have been received following advertisement.

14. That Council be recommended to amend the Constitution by deleting reference to Traffic Regulation Orders in the Terms of Reference of the Regulatory Appeals Committee.

BACKGROUND PAPERS

15. Local Government Act 2000, The Local Authorities (Functions and Responsibilities) (England) Regulations 2000, and the Constitution.

TRO’s determined since the adoption of the constitution.

Contact Point : Chris Mathews tel: 823280

M J A FISHER

Strategic Director

Corporate and Environment Services

S A SMART

Leader

E FOX

Portfolio Holder for Transport