(a)      2024B Proposals for Statutory Consultation

(b)      Recommended Removal of Fixed Enforcement Observation Periods

A report seeking approval for Officers to undertake statutory consultation for recommended new/alterations to waiting restrictions as part of the 2024B programme. These proposals aim to address the issues raised in the initial list of requests, which were reported to and agreed for investigation by the Sub-Committee at their meeting in September 2024.

The Sub-Committee received a report that sought approval for officers to carry out statutory consultation for recommended/alterations to waiting restrictions as part of the 2024B programme.  These proposals aimed to address the issues that had been raised in the initial list of requests that had been submitted to the meeting on 11 September 2024 (Minute 17 refers) and agreed for investigation.  The recommendations had been shared with Ward Councillors and an opportunity had been provided for their comment.

The report explained that officers also sought agreement to remove the fixed five minute observation periods that were currently being practiced for single yellow and double-yellow line enforcement.  This was not a statutory requirement and it was expected that a consistent, discretionary approach would assist enforcement officers in appropriately addressing parking issues being experienced across the Borough.

The Recommendations for consultation (2024B Programme) were attached to the report at Appendix 1.

The report also proposed the removal of fixed observation periods for single yellow and double yellow line restrictions.  Removal of fixed observation periods and the creation of guidance for Civil Enforcement Officers (CEOs) to ensure consistently applied discretion would enable CEOs to minimise the abuse of single yellow line restrictions across the Borough.  The change could be brought in almost immediately, without the need for statutory consultation notifications.  It would not be officers’ intention to ‘catch out’ motorists who might have become accustomed to this observation period, so it was proposed that a two week period of warning notices would be issued from the implantation of the change, prior to penalty charge notices being applied.  All other observation periods would remain the same.

With regard to the removal of fixed observation periods and the application of “consistently applied discretion” by CEOs, officers explained that the discretionary element was about being reasonable and the CEOs asking if a vehicle should be in that place at that time and whether an action was happening such as loading and unloading.  This would be another means of tackling disruption and might be something that could stop more restrictions having to be put in place.

Resolved –

(1)      That the report be noted;

(2)      That no public inquiry be held into the proposals;

(3)      That the Assistant Director of Legal and Democratic Services be authorised to undertake a statutory consultation for the 2024B programme in accordance with the Local Authorities Traffic Orders (Procedure) (England and Wales) Regulations 1996, for the proposals contained in Appendix 1, attached to the report, subject to the following amendments to the programme:

·       Grove Road – Remove from the programme;

·       Broomfield Road – Remove from the programme;

·       Park Lane (between City Road and the Water Tower – Remove from the programme;

·       Whitley Wood Lane – Remove from the programme;

(4)      That subject to no objections being received, the Assistant Director of Legal and Democratic Services be authorised to make the Traffic Regulation Order for the 2024B programme;

(5)      That any objection(s) received during the statutory advertisement be submitted to a future meeting of the Sub-Committee for an outcome decision;

(6)      That the recommended changes to enforcement observation periods, as set out in Section 3.5 of the report be agreed.