Decision details
Delegated Authority for Making Traffic Regulation Orders
Decision Maker: Leader of the Council
Decision status: Recommendations Approved
Is Key decision?: Yes
Is subject to call in?: No
Purpose:
This report seeks approval to streamline the
process for considering objections to Traffic Regulation Orders
(TROs) advertised under the Road Traffic Regulation Act 1984;
(i) Amending definitions of 'Minor' TROs as defined by the WCC
Constitution;
(ii) Delegating authority to consider objections to minor TROs;
and
(iii) Delegating authority to consider objections to non-minor TROs
in cases where schemes attract small numbers of
objection.
Decisions:
Resolved to:
1. Amend the definition of “minor traffic order” in the Constitution, where it appears in Part 2(10), Appendix A, 10.4 Executive Director for Communities, in the table headed “Rights of Way, Traffic Regulation, Planning and Environment” at item 18 to read as below (amendments to existing shown highlighted):
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Powers and Duties |
Statutory Reference |
Type of Function |
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A “Minor Traffic Order” is one falling into the following categories
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Parts I and II Road Traffic Regulation Act 1984 |
Executive |
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i. No waiting at any time restrictions at junctions including waiting restrictions required for the safe and efficient operation of traffic signals.
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ii. Introduction or removal ofwaiting restrictions on one or both sides of a length of road extending no greater than 50 metres on a principal road or 100 metres on a non-principal road, when measured along the centre line of the road.
iii. Introduction or removal of on-street parking places, on one or both sides of a length of road extending no greater than 50 metres on a principal road or 100 metres on a non-principal road, when measured along the centre line of the road.
iv. Amendments to hours of operation of existing on-street parking places.
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v. Extension of an existing speed limit on a length of road extending no greater than 50 metres on a principal road or 100 metres on a non-principal road, when measured along the centre line of the road.
vi. Extension of an existing speed limit to encompass any new accesses to new development.
vii. Waiting restrictions, moving traffic orders, speed limits as recommended by a Road Safety Audit.
viii. Waiting restrictions, eligibility for residents parking permits , moving traffic orders, speed limits as an integral component of wider schemes.
ix. Structural weight limits as required by load capacity assessments.
x. Individual bays for Disabled Badge Holders Only within residential streets which already have on-street parking places.
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xi. Any other traffic order designated by the Director of Environment, Planning and Transportas such following consultation with the Executive Director for Communities, the relevant Portfolio Holder and the Chair of the relevant Overview & Scrutiny Committee.
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The maximum lengths of roads which come within the definition of “Minor Traffic Order” apply to each separate proposal and not the total length of road covered by an order which may contain a number of proposals.
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The above definition of a “Minor Traffic Order” will apply to new orders and to amendments to existing orders. |
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2. Amend the Constitution at Part 2(10), Appendix A, 10.4 Executive Director for Communities, in the table headed “Rights of Way Traffic Regulation, Planning and Environment”, at item 5 to the following:
“5.1 To make temporary traffic regulation orders and experimental traffic regulation orders;
5.2 To propose the making of Minor Traffic Orders (as defined in item 18 of this table below) and, subject to consideration of all objections duly made under the relevant Regulations and not withdrawn (if any), to make the Minor Traffic Orders;
5.3 To propose the making of orders (other than temporary orders and Minor Traffic Orders) relating to road traffic, parking places and speed limits and, in the event of no more than two objections being received (and not withdrawn) under the relevant Regulations, to make the orders.
3. Amend the Constitution at Part 2(4) [Delegated Authority for Portfolio Holders] for the Portfolio Holder for Transport and Planning, replace the following text:
“In cases where objections have been received (and not withdrawn) and in consultation with local member(s) the power to determine road traffic management and accident prevention schemes and road traffic regulations.”
With:
"The power to determine proposed road traffic orders (other than temporary orders), parking orders, speed limit orders, road traffic management and accident prevention schemes, in consultation with the local member(s), where:-
(i) three or more objections have been received under the relevant Regulations (and not withdrawn) to proposed orders which are not “Minor Traffic Orders” as defined in Appendix A to Part 2(10) of this Constitution; or
(ii) referred by the Executive Director for Communities in any other circumstances.”
4. These changes will:
(a) broaden the definition of “Minor Traffic Order”;
(b) delegate authority to consider and make decisions on objections to the Executive Director for Communities and appointed nominees for all Minor Traffic Orders and in respect of any other types of proposed traffic regulation, parking or speed limit orders attracting no more than two objections; and
(c) remove the necessity for the Portfolio Holder to consider all objections received during statutory consultation in the circumstances outlined in (b), with the option available for any scheme to be referred to the Portfolio Holder if deemed necessary.
Report author: Phil Mitton
Publication date: 14/12/2023
Date of decision: 08/12/2023
Decided at meeting: 08/12/2023 - Portfolio Holder Decisions/Leader Decisions
Accompanying Documents:
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