Cabinet Member for Highways and Transport Ref: HT17(12/13)

April 2013 Key Decision: No Road, Elsted Marsh – 40mph Speed Limit Part I

Report by Director of Service Operations and Electoral Head of Highways and Transport Division(s):

Executive Summary At the meeting on 20 March 2012 the North Chichester County Local Committee considered a report by Director of Communities and Infrastructure. The report provided the results of traffic surveys on the Elsted Road, Elsted Marsh. The report identified that this road does not meet the County Council’s Speed Limit Policy for a 40mph speed limit in its current condition.

Conclusions At its meeting on 20 March the CLC considered the report and resolved that dispensation is sought from the Cabinet Member for Highways and Transport to depart from County Council policy and so enable the advertisement and consultation of a permanent 40mph limit on Elsted Road, Elsted Marsh.

Recommendation That a departure from the County Council speed limit policy to allow the formal advertisement and statutory consultation for a permanent 40mph limit under the Road Traffic Regulation Act on Elsted Road, Elsted Marsh is authorised and in the event of there being no unresolved objections, that the order be made. Departure from policy to be granted on the basis of the unique characteristics of the rural settlement of Elsted Road, Elsted Marsh and the benefit to the local community that this speed limit would bring.

1. Background

1.1 In June 2011 the North Chichester County Local Committee (CLC) approved Elsted Road, Elsted Marsh as a Traffic Regulation Order (TRO) priority for the financial year 2011/12. It was noted at this meeting that Elsted Road TRO did not meet the speed limit criteria for a 40mph speed limit. It was also noted that if approved this may be progressed as an experimental TRO. Clarification has been sought from the legal team and, as a highway authority outside of Greater , WSCC does not have powers under the Road Traffic Regulation Act allowing Speed Limit Orders to be made on an experimental basis.

1.2 Traffic speed data was collected to enable this location to be reviewed against the County Council’s speed limit policy (see Appendix A) for a 40mph limit. This length of road is currently the subject of a 60mph national speed limit.

1.3 The County Council has adopted as policy, a framework for assessing requests for new speed limits based on advice from the Department for Transport (DfT). The DfT advice reinforces the principal that the need for new speed limits should be evidence led, self explanatory and seek to reinforce people assessment of what is a safe speed to travel.

1.4 The criteria set out in Appendix A to this report are used to determine appropriate speed limits for roads and incorporate two principal factors for assessments of new speed limits.  Traffic Speed  Character of the road

2. Results

2.1 The traffic speeds at five locations within and around the settlement of Elsted Marsh were surveyed (see Appendix B). The sites were surveyed from 31 October 2011 to 9 November 2011.

2.2 The table below shows the results from the speed survey. The results show the mean average speed in miles per hour (mph) for each site in both directions of travel.

Location Traffic Direction Speed East 47 Site 1 West 45.9 East 37.5 Site 2 West 37.5 North 27.2 Site 3 South 28.5 East 43.8 Site 4 West 42.3 East 44.3 Site 5 West 43.9

2.3 For a 40mph speed limit to be introduced in accordance with the County Council’s speed limit policy, average traffic speeds must fall below 42mph (see Appendix A). The data collected show that average speeds at sites 2 and 3 meet the speed assessment criteria. However, the average speeds at sites 1, 4 and 5 are not below the 42mph threshold. The speed data for site 4, which is situated at the extent of the settlement area shows that speeds are marginally outside the threshold by 1.8mph in the eastbound direction and 0.3mph in the westbound direction.

2.4 Sites 2, 3 and 4 are situated within the most developed and densely populated area of the rural settlement of Elsted Marsh, whereas sites 1 and 5 are located on sections of Elsted Road that have limited development or frontage access, presenting a more rural feel.

3. Discussion

3.1 In view of the speed survey results the County Council felt it pertinent to ask for Police’s position on the proposal of a 40mph order. made a number of comments that are summarised below, the full response can be found in Appendix C. Sussex Police noted that with the exception of sites 2 and 3 (speeds being influenced by the presence of a junction etc) the other three sites on Elsted Road all showed average speeds well in excess of 41.9mph, which indicates that the proposed limit is outside the speed assessment criterion. They raised concern over the high level of non- compliance that further statistical analysis revealed and without the introduction of intrusive engineering measures to manage down speeds, there is likely to be a high number of drivers travelling at speeds above the Association of Chief Police Officers (ACPO) enforcement guidelines and therefore a Crime and Disorder Act issue may be generated where there has not been one previously. Sussex Police also take the view that the route assessment criterion is not met. They understand that the County Council has a philosophy of self enforcement when setting local speed limits, a position supported by the Police. They feel however that this proposal falls outside of the criteria outlined in our speed limit policy and that there is likely to be a Crime and Disorder Act issue generated as a result. Therefore unless adequate traffic engineering measures are introduced to influence vehicle speeds Sussex Police would not support the proposal.

3.2 A 50mph limit could be considered for all or part of this route. However, with average speeds in the mid to low 40's, by posting a 50mph limit this may be seen by some to be a target or acceptable speed and so potentially lead to increases in speed (as identified by national research on speed limits). Whereas a derestricted limit does not display a specific figure and therefore drivers do not react in the same way. Any increase, or decrease, in average speeds has been shown by research to have a corresponding effect on collision rates (for small numbers, generally each 1mph change in average speed leads to a 5% change in collision rates). The risks associated with the introduction of a 50mph limit here are considered to be relatively low.

3.3 Evidence shows that Orders for speed limits do not automatically result in lower speeds with signing alone. Although the speeds are above the speed limit policies criteria, it is felt that if light engineering measures were implemented to ensure a permanent speed limit was adhered to, along side the introduction of a 40mph speed limits associated signs and roundels, it would be deemed acceptable over the settlement area. To introduce any speed limit which falls outside of the speed limit policy, the Cabinet Member for Highways and Transport has to make an exception to the Speed Limit Policy.

3.4 Speed surveys show that average speeds which support a 40mph limit are in the most developed area of the rural settlement of Elsted Marsh (sites 2 and 3), another location (site 4) within the developed settlement area marginally falls outside of the speed limit criteria, however speeds are higher in the remaining sections (sites 1 and 5).

3.5 It is clear from discussions with Elsted and Parish Council that the introduction of a 40mph limit over the most densely populated section of the settlement would not meet the expectations of the community. It has therefore been agreed that the limit should cover the area depicted in Appendix E. This has been agreed in principal on the proviso that village gateway signs are erected and funded by the parish council to act as additional traffic engineering measures. It is felt that these additional measures in conjunction with the speed limit terminal signs, repeater signs and roundels will bring the traffic speeds down to a more suitable level.

3.6 The CLC considered one of the following options: A. Accept that Elsted Road, Elsted currently meets criteria for a derestricted limit and should remain derestricted; B. Impose a 50mph speed limit on Elsted Road, Elsted; or C. The Committee ask the Cabinet Member for Highways and Transport to make an exception to the Speed Limit Policy and authorises a 40mph speed limit proposal be progressed.

4. Conclusion

4.1 CLC considered the report and resolved that dispensation is sought from the Cabinet Member for Highways and Transport to depart from County Council policy and so enable the advertisement and consultation of a permanent 40mph limit on Elsted Road, Elsted Marsh.

5. Equality Act 2010 Customer Focus Appraisal

5.1 The protected characteristics have been duly considered and assessed in the course of the consideration of this proposal. No relevant or disproportionate impact upon any of the protected characteristics in the Equality Act 2010 has been identified in the consideration of the proposals detailed in this Report.

5.2 The Customer Focus Appraisal (CFA) is attached at Appendix D.

6. Resources Implications and Value for Money

6.1 Of the options mentioned at 3.6, all options will be delivered and funded from existing Highway Revenue budgets.

6.2 It is anticipated that the following costs would apply:  Option A – Nothing  Option B – Approximately £3000  Option C – Approximately £5000 For all options maintenance costs will be absorbed through existing Highway Revenue budgets.

7. Risk Management Implications

7.1 Should option A proceed the risk to the County Council is the aspirations of the local community and CLC would not be met.

7.2 Should option B proceed the risk to the County Council is that traffic speeds may rise, leading to a potential increase in injury accidents, and therefore the aspirations of the local community and CLC would not be met.

7.3 Should option C proceed the risk to the County Council is the speed reduction measures may not be effective therefore generating a need to consider further alternative measures.

8. Crime and Disorder Act Implications

8.1 Sussex Police have already stated their belief that the introduction of a 40mph limit will create a Crime and Disorder Act issue (i.e. a reduction in the level of compliance with the law) where there was none previously. By introducing adequate traffic engineering measures in addition to 40mph speed limit signs and roundels will greatly reduce this issue.

9. Human Rights Act Implications

9.1 The rights of those living in the vicinity of Elsted Road, Elsted Marsh have been considered. The concerns of officers and the policy objective to reduce traffic related casualties and improve safety of the road should then be set against these rights. Taking these points into consideration it is believed that the introduction of options A and B will negatively impact on these rights.

Diane Ashby Geoff Lowry Director Service Operations Head of Highways and Transport

Appendices

Appendix A – County Council Speed Policy 2010 Appendix B – Plan A (speed survey sites) Appendix C – Sussex Police Response Appendix D – Customer Focus Appraisal Appendix E – Plan of Proposed Speed Limit Extent

Background Papers

None

Contact: Joel Sykes (Traffic Engineer), Tel. 01403 229830