PAPER C
Purpose
: For Decision
REPORT
TO THE EXECUTIVE
Date : 9 APRIL2003
Title : OBJECTIONS TO THE RESIDENTS’ PARKING PLACES ORDER 2003
REPORT
OF THE PORTFOLIO HOLDER FOR TRANSPORT
IMPLEMENTATION DATE : 22 APRIL2003
SUMMARY/PURPOSE
1.
To approve the Residents’ Parking Places Order
following statutory consultation.
BACKGROUND
2.
On 3rd December the Executive approved a
revised policy for Residents’ Parking schemes. In order to bring existing
schemes into line with that policy and to introduce pilot zone schemes in
certain areas of Ryde and Cowes a draft traffic regulation order was
advertised.
3.
The main provisions of the draft Order, as advertised
are as follows:
(a)
Revoke the scheme for Atherley Cross Road, Shanklin.
(b)
Rationalise permit charges to £40 p.a. for cars and
£10 p.a. for motorcycles.
(c)
Introduce zone based rather than street based schemes
in certain areas of Ryde and Cowes
(d)
Remove restrictions on the total number of permits
issued relative to the spaces available.
(e)
Allocate 25% of available spaces for the exclusive use
of residents all days all hours.
(f)
Allowing 2 hour limited waiting for non permit holders
in the remainder of spaces between 8am and 6pm Mondays to Saturdays. Permit
holders would be exempt from the time limit. Outside those hours unlimited
parking for all.
(g)
Enforcement will be carried out by the Council’s own
attendants.
(h)
New, less onerous, eligibility criteria for new
schemes have been introduced based on parking demand and usage.
STRATEGIC CONTEXT
4.
Residents’ parking schemes are consistent with the
demand strategy set out in the Council’s Local Transport Plan and the corporate
objective of developing the Island’s transport network for the benefit of local
people.
CONSULTATION
5.
The revised policy has been developed from the considerations
of the Car Park Task Group, written and verbal representations from existing
permit holders, and those who wish to have schemes introduced in their areas.
6.
Representations received during the current statutory
consultation period are summarised in the Appendix to this report.
Consultations carried out on previous Residents’ Parking Orders have also been
taken into account.
7.
The Traffic and Transportation Manager and the
Chairman of the Environment and Transport Select Committee have attended a public
meeting of Yarmouth Town Council to discuss how the new policy affects the
scheme currently in operation there.
FINANCIAL/BUDGET IMPLICATIONS
8.
Overall, the schemes should be self financing. The
proposed charges have been aimed at a level considered to be affordable and it
is anticipated that this is sufficient to meet the relevant administration and
enforcement costs. However, there will need to be a review of these at an early
stage. Any initial shortfall will have to be contained within the overall car
parking budget.
LEGAL IMPLICATIONS
9.
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.
OPTIONS
(a)
To introduce the Order as advertised.
(b)
To introduce a modified Order
(c)
To retain a residents’ scheme for Atherley Cross Road,
Shanklin in line with the new policy.
EVALUATION/RISK MANAGEMENT
10.
There is dissatisfaction amongst a number of
subscribers to existing schemes whilst demand for new schemes continues as
pressure on street parking increases. To continue with existing policies or
discontinue the existing schemes would not satisfactorily address either of
these issues.
11.
The majority of representations to this Order are from
permit holders within existing schemes who see the benefits they currently
enjoy being diluted. The revisions seek to make schemes more equitable and
inclusive and make better
use of the available road space. Residents’ schemes will not solve problems that arise where there is insufficient space to accommodate all the vehicles owned by residents.
12.
The proposal to discontinue the scheme for Atherley
Cross Road, Shanklin was based on the premise that take up on permits was very
low and that free parking was available in the nearby Atherley Road car park.
Further investigation has revealed that very few of the spaces in the car park
are available for cars, the majority being for coaches, and that seven permits
have been issued for the nine spaces. On this basis the scheme could continue,
albeit under the terms and conditions of the new policy.
13.
The revised policy is intended to provide a more
flexible approach to parking distribution by providing residents in areas of
high demand with priority, without sterilising the area for other short-term
uses.
14.
The risks associated with preferential parking are
primarily those of displacement. To mitigate this, schemes should only be
introduced where sufficient alternative facilities are available to accommodate
any displaced parking.
15.
The experience of other authorities has been drawn
upon and post scheme monitoring will take place to resolve any unforeseen
issues.
16.
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.
17.
The impact of this Order might have 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 disproportional to the legitimate aim and is in the public interest.
RECOMMENDATIONS 18.
That Options a) and c) above are approved. |
BACKGROUND PAPERS
19.
Letters of objection addressed to Legal Services.
20.
Agenda and Minutes of the Executive meeting held on 3rd
December 2003.
ADDITIONAL INFORMATION
21.
Appendix A tabulates the responses received during the
statutory consultation period.
Contact
Point : Peter Taylor,
Engineering Services, [email protected]
|
M J A
FISHER Strategic
Director Corporate and Environment Services |
E FOX Portfolio Holder for Transport |