PAPER B

 

                                                                                                                 Purpose: for Decision

                        REPORT TO THE CABINET

 

Date:               11th APRIL 2006

 

Title:                DECRIMINALISED PARKING ENFORCEMENT

                       

REPORT OF THE CABINET MEMBER FOR SAFER COMMUNITIES

 

IMPLEMENTATION DATE: 21st April 2006


 

 


SUMMARY/PURPOSE

 

1.                  To agree timescales and mechanisms for the delivery of Decriminalised Parking Enforcement (DPE).

 

BACKGROUND

 

2.                  An Aim High action is the development of a policy on DPE and as such is a high priority for the Authority and was one of the first inquiries undertaken by the Policy Commission for Safer Communities.

 

3.                  The Commission concluded its work in February this year and the recommendations set out in the Blue Paper were accepted by Cabinet later that month as a basis for policy development. Those recommendations were:

 

a.      That Cabinet identify the resources required to implement DPE at the earliest opportunity.

 

b.      That Cabinet determine a timeframe to enable the Council to apply to the Secretary of State for Transport for a Designation Order.

 

c.      That DPE is implemented as a fully in-house operation.

 

In addition to this, there are a number of formal declarations the Council needs to make. At this stage these have been identified as:

 

a.      A declaration that the Council will use the £60 Penalty Charge level, discounted to £30 for payment within 14 days and incremented to £90 after the issue of a charge certificate.

 

b.      That powers to undertake clamping and vehicle removal are sought as part of this application for possible use at some time in the future.

 

c.      That the Council nominate an elected member and deputy to serve as the Council’s representative on the NPAS Joint Committee.  The NPAS is an independent tribunal where impartial lawyers consider appeals by motorists and vehicle owners whose vehicles have been issued with Penalty Charge Notices by Councils in England and Wales enforcing parking under The Road


Traffic Act 1991. Councils that operate DPE must join the NPAS Joint Committee.

 

STRATEGIC CONTEXT

 

4.                  The delivery of Decriminalised Parking Enforcement is a Manifesto commitment.

 

5.                  The Aim High Change Management Plan seeks to:

 

a.      Drive the Sustainable Regeneration & Development of the Island by having an accessible, effective and integrated transport system. Improving accessibility and reducing congestion are goals towards which DPE contributes significantly. Revenues from the issue of Penalty Charge Notices will contribute to the local economy.

 

b.      Create Safer and Stronger Communities. The presence of Parking Attendants on the street will assist in the identification and reporting of criminal activity, anti social behaviour and public hazards, and in the longer term may be able to provide support to the Accredited Community Support Officer scheme.

 

c.      To be a High Performing & Cost Effective Council. It is intended that DPE will be a self-sustaining scheme with any surplus revenue being re-invested in Highway and Environmental services.

 

6.                  The control and management of parking is an important measure within the demand management strategy of the Local Transport Plan and contributes to the Council’s statutory duties under the Traffic Management Act.

 

CONSULTATION

 

7.                  No consultation was undertaken for the preparation of this report.

 

FINANCIAL/BUDGET IMPLICATIONS BEYOND THOSE UNDERTAKEN BY THE COMMISSION

 

8.                  Before the Secretary of State for Transport will issue a Designation Order, he will need to have evidence that the Council has a financially robust business case demonstrating that any scheme is at least cost neutral within 2 -3 years.

 

9.                  A draft business case has been prepared by consultants, which identifies set-up costs of £186,000 capital and £144,000 revenue, and a first year operating deficit of up to £150,000 and £28,000 per annum thereafter.

 

10.             Cabinet have already identified a sum of £480,000 as part of the 2006/07 budget strategy to cover these costs on an ‘Invest to Save’ basis. Further work will be necessary on the draft business case to build in the repayment of the investment costs and offset the projected operating deficit.


LEGAL IMPLICATIONS

 

11.             Provisions for Designation Orders outside of London are made by Section 43 of the Road Traffic Act 1991. There is no provision within the Act to re-criminalise after the Order has been made.

 

12.             The Traffic Management Act 2004 gives the Secretary of State powers to require Local Authorities to adopt these powers.

 

13.             Section 101 of the Local Government Act 1972 makes provision for a Local Authority to arrange for the discharge of any of their functions by a committee, a sub-committee or an officer of the authority.

 

OPTIONS

 

14.             a.  To approve the timelines set out in Appendix A to this report with an implementation date of April 2007.

 

b.        To approve an amended timescale is approved.

 

15.       a.    To apply for powers to undertake clamping and vehicle removal as part of this application for possible use at some time in the future.

 

b.          To take no action to adopt these powers.

 

16.       a.     To use the £60 Penalty Charge level, discounted to £30 for payment within 14 days and incremented to £90 after the issue of a Charge Certificate.

 

b.       To use a lower Penalty Charge level.

 

EVALUATION/RISK MANAGEMENT

 

17.           Members will see from the attached Appendix that there is considerable detailed work to be done within a challenging timescale.

 

18.           If members approve that timescale, there are a number of operational decisions that need to be made at today’s meeting if that timescale is to be adhered to and these are set out in paragraphs 14 – 16 above.

 

19.           The Head of Engineering Services has delegated powers to deliver the project under the existing scheme of delegations.

 

20.              An Officers’ Project Steering Group has already been established to draw together the wide range of expertise required for a project of this nature.

 

RECOMMENDATIONS

 

21.             That members approve the timelines set out in Appendix A.

 

22.             That members approve the use of the £60 Penalty Charge level, discounted to £30 for payment within 14 days and incremented to £90 after the issue of a Charge Certificate.

 

23.           That powers to undertake clamping and vehicle removal are sought as part of this application.

 

BACKGROUND PAPERS

 

Blue Paper on Decriminalised Parking Enforcement (Saf 1/05)

 

APPENDICES

 

Appendix A    Isle of Wight Council – Implementation of Decriminalised Parking Enforcement.

 

Contact Point:      Peter Taylor, Traffic and Transportation Manager

 

 

MR PETER TAYLOR

Traffic and Transportation Manager

Engineering Services

Tel: 01983 821000 x 5763

[email protected]

 

CLLR BARRY ABRAHAM

Cabinet Member for Safer Communities