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 liasing 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