Date: 7 September 2020
Town Hall, Penrith, Cumbria CA11 7QF Tel: 01768 817817 Email: [email protected]
Dear Sir/Madam
Executive Agenda - 15 September 2020
Notice is hereby given that a meeting of the Executive will be held at 6.00 pm on Tuesday, 15 September 2020.
This meeting will be a virtual meeting and therefore will not take place in a physical location following guidelines set out in Section 78 of the Coronavirus Act 2020.
This Council meeting will be held virtually on Microsoft Teams
1 Apologies for Absence
2 Minutes
RECOMMENDATION that the public minutes E/14/07/20 to E/28/07/20 of the meeting of the Executive held on 21 July 2020 be confirmed and approved by the Chairman as a correct record of those proceedings (copies previously circulated).
3 Declarations of Interest
To receive declarations of the existence and nature of any private interests, both disclosable pecuniary and any other registrable interests, in any matter to be considered or being considered.
4 Questions and Representations from the Public
To receive questions and representations from the public under Rules 3 and 4 of the Executive Procedure Rules of the Constitution
5 Questions from Members
To receive questions and representations from Members under Rule 5 of the Executive Procedure Rules of the Constitution
6 Penrith Parking and Movement Study (Pages 5 - 44)
To consider report PP32/20 from the Assistant Director Planning and Economic Development which is attached and which seeks to set out the findings and
Paul Sutton Interim Director of Corporate www.eden.gov.uk Services
improvement measures arising from the Penrith Parking and Movement Study that was commissioned in partnership between Eden District Council, Cumbria County Council and Penrith Town Council.
RECOMMENDATIONS that Executive:
1. endorse the principle of the packages of improvements (as summarised in the Penrith Parking and Movement Study Non-Technical Summary – Appendix B) and note the delivery leads for each package;
2. agree to work together to explore the opportunities for funding, to deliver the packages of improvements through internal and external funding sources, and to agree how the improvements should be prioritised; and
3. agree to the establishment of an implementation Group to ensure the co- ordinated delivery of the packages of improvements.
7 Nomination as an Asset of Community Value - Watermillock Village Hall (Pages 45 - 58)
To consider report G37/20 from the Assistant Director Governance which is attached and which asks members to consider the nomination of Watermillock Village Hall as an Asset of Community Value under the Localism Act 2011.
RECOMMENDATION that the nomination of Watermillock Village Hall as an Asset of Community Value be accepted and added to the list of land in the Council’s area which is of community value.
8 Any Other Items which the Chairman decides are urgent
9 Date of Next Scheduled Meeting
The date of the next scheduled meeting be confirmed as 20 October 2020.
Yours faithfully
P Sutton Interim Director of Corporate Services
Democratic Services Contact: Karen Wyeth
Encs
www.eden.gov.uk 2
For Attention All members of the Council
Chairman – Councillor V Taylor (Liberal Democrat Group) Vice Chairman – Councillor M Robinson (Independent Group)
Councillors J Derbyshire, Liberal Democrat Group L Sharp, Labour Group K Greenwood, Independent Group M Tonkin, Independent Group M Rudhall, Liberal Democrat Group
Please Note: 1. Section 78 of the Coronavirus Act 2020 and the Local Authorities and Police and Crime Panels (Coronavirus)(Flexibility of Local Authority and Police and Crime Panel Meetings)(England and Wales) Regulations 2020 mean that this meeting of Eden District Council is classed as a virtual meeting. 2. Under the Openness of Local Government Bodies Regulations 2014 this meeting has been advertised as a public meeting (unless stated otherwise) and as such could be filmed or recorded by the media or members of the public
www.eden.gov.uk 3 This page is intentionally left blank Agenda Item 6
Report No: PP32/20 Eden District Council Executive 15 September 2020 Penrith Parking and Movement Study Portfolio: Services Report from: Assistant Director Planning and Economic Development Wards: Penrith Wards OPEN PUBLIC ITEM 1 Purpose 1.1 To set out the findings and improvement measures arising from the Penrith Parking and Movement Study that was commissioned in partnership between Eden District Council, Cumbria County Council and Penrith Town Council. 2 Recommendations 1. Endorse the principle of the packages of improvements (as summarised in the Penrith Parking and Movement Study Non-Technical Summary Appendix B) and note the delivery leads for each package. 2. Agree to the establishment of an Implementation Group including EDC, CCC and PTC to ensure the delivery of those packages of improvements that require co-ordination between the parties. 3. Agree to the Implementation Group exploring opportunities for funding required to deliver the improvements, and to advise on how the improvements should be prioritised. 3 Report Details 3.1 The Penrith Parking and Movement Study was commissioned in October 2019. Eden District Council, Cumbria County Council, and Penrith Town Council jointly funded the project to develop a coherent and comprehensive parking and movement study for Penrith. The aims of the Penrith Parking and Movement Study were to understand how parking provision in Penrith could be improved, whilst seeking to enhance walking and cycling connectivity between car parking areas and the town centre, key employment sites and the bus and railway station. 3.2 The packages of improvements presented in the Penrith Parking and Movement Study have been developed with the co-operation of all partners. Preliminary designs and strategies for each package of improvements have been developed and used to: Produce indicative scheme costs (which are subject to refinement following detailed design); Identify delivery risks; and Outline delivery programmes, which are based on the assumption that funds are secured to deliver the project with political support.
Page 5 3.3 It was recognised from the outset of the Study that finances for any potential projects were not available from the initiation but that the Study would provide highly valuable information to enable the partner organisations to bid for and secure funding should it become available. The Penrith Parking and Movement Study provides the evidence (based on a robust assessment and defined methodology) and justification to support the District Council and partner organisations in seeking to secure funding from internal and external funding sources. It is recognised that further scheme development will be required for some of the packages of improvements and, at that stage, further stakeholder engagement/ public consultation will be undertaken where required. 3.4 A project team (made up of officers from each partner organisation) was established to ensure that technical advice and knowledge was embedded within the Study. Consultants, WSP – a multi-disciplinary company with specialisms in Transport Planning – were commissioned to prepare the study. The use of external consultants enabled an objective approach to be taken in developing the Study and in addition, the consultancy was able to utilise experience they had obtained from other Studies and best practice in the preparation of the Penrith Parking and Movement Study. 3.5 A Communications and Engagement Strategy was developed as part of the study. This set out the process of identifying stakeholders, the approach taken to stakeholder engagement and the timing of engagement at different stages of the study. It also outlined the approach adopted in relation to the stakeholder, employer and employee surveys, and the stakeholder workshops. Four elected members from each of the partner organisations were identified to provide input into the preparation of the study at two key stages. 3.6 The study was developed in four stages to ensure that there were appropriate review points at the end of each key activity of work. The four stages were: Stage 1: Baseline Review and Assessment, which included face-to-face surveys and completion of an on-lie survey by identified stakeholders; Stage 2: Identify Options for Improvements As part of Stage 2, it was originally proposed to undertake further engagement by way of holding an additional workshop with stakeholders to gain feedback on the potential improvements options. In response to the restrictions imposed by COVID-19, the stakeholder engagement was undertaken remotely; Stage 3: Develop Improvements; and Stage 4: Prepare Strategy 3.7 Following the sifting of a longlist of 63 schemes, a total of 39 interventions were identified in the shortlist. These interventions were then grouped thematically into packages. The eight packages are: Package 1 Additional Parking Capacity Package 2 Long Stay Parking in Penrith Package 3 Town Centre Parking
Page 6 Package 4 On-street Parking (Residential) Package 5 Penrith Town Centre Improvements Package 6 Nuisance Parking Package 7 Cycling and Walking Connectivity Improvements Package 8 Travel Demand and Technology Improvements 3.8 Conceptual designs and strategies for each of the eight packages were developed and used to: understand the impacts of the interventions and assess their feasibility; make a recommendation on whether to pursue each intervention; develop indicative intervention costs, which will be subject to refinement as they are developed further; and identify delivery risks and outline delivery programmes based on the assumption that funding and political and public support is secured. 3.9 A summary of each of the eight improvement packages is contained within Appendix A to the report. 3.10 Some of the interventions were previously identified in Eden’s Infrastructure Delivery Plan (IDP) (2017) as being necessary to support the growth aspirations of the Eden Local Plan 2014 – 2032. Their inclusion in some of the study’s eight delivery packages reflects the interdependencies between the IDP interventions and interventions pursued as part of the study. Whilst the IDP interventions are being developed independently, some with secured funding, the study further supports the need for IDP interventions which have no secured funding. 3.11 To ensure momentum and to support the delivery of the packages of improvements, an implementation group will be established to co-ordinate and monitor progress. Updates on progress of the delivery of the packages of improvements will be reported through the partner organisations’ committee structures when appropriate. The implementation group will be a sub-group of the Penrith Town Working Group and will include officers from each of the partner organisations. The implementation Group will meet bi-monthly to action the study. 4 Policy Framework 4.1 The Council has four corporate priorities which are: Sustainable; Healthy, safe and secure; Connected; and Creative 4.2 This report meets the Sustainable and Connected corporate priorities. 5 Consultation 5.1 Significant consultation and engagement has taken place throughout the study with a range of stakeholders. Engagement with stakeholders was undertaken through remote facilitation in the latter half of the Study due to the Covid19 pandemic.
Page 7 6 Implications 6.1 Financial and Resources 6.1.1 Any decision to reduce or increase resources or alternatively increase income must be made within the context of the Council’s stated priorities, as set out in its Council Plan 2019-2023 as agreed at Council on 7 November 2019. 6.1.2 As set out within the report, there is no finance currently available to develop those activities that have a cost implication for the Council. The partners to the study are in a similar financial position but it is appreciated that having a robust, evidence-based study will enable the Council and its partners to bid for external funding should it become available. 6.2 Legal 6.2.1 There are no legal implications arising from this report. 6.3 Human Resources 6.3.1 There are no human resource issues associated with this report. 6.4 Statutory Considerations Consideration: Details of any implications and proposed measures to address: Equality and Diversity The Study aims to identify opportunities to enhance movement around Penrith and consideration has been given to those people with mobility issues. Health, Social The improvement measures arising from the Environmental and Study consider the health and environmental as Economic Impact well as the economic benefits their implementation will have. Crime and Disorder The are no crime and disorder issues associated with this report. Children and There are no children or safeguarding issues Safeguarding associated with this report. 6.5 Risk Management Risk Consequence Controls Required Improvement measures A range of significant A specific group to be are not taken forward. benefits for Penrith will set up to ensure that not be realised. improvement actions are implemented when funding or resources become available. 7 Other Options Considered 7.1 The Study has considered a multitude of improvement options for parking and movement in Penrith with each one critically examined, which has led to the creation of a prioritised and costed list of interventions.
Page 8 8 Reasons for the Decision/Recommendation 8.1 To agree the principle of the packages of improvements, agree to work with partners to take forward the activities and to put in place a group that will help with the investigation of opportunities to take forward appropriate work packages. Background Papers: None Appendices: Appendix A – Partners’ Joint Committee Report Appendix B – Penrith Parking and Movement Study Non- Technical Summary Contact Officer: Oliver Shimell – Planning and Economic Development Team Tel: 01768 212143
Page 9 Appendix A Penrith Parking and Movement Study Partners’ Joint Committee Report
1.0 Executive Summary
1.1 Cumbria County Council, Eden District Council and Penrith Town Council have jointly funded a project to develop a coherent and comprehensive parking and movement study for Penrith. The main aims of the Penrith Parking and Movement Study are to understand how parking provision in Penrith can be improved, whilst seeking to enhance walking and cycling connectivity between car parking areas and the town centre, key employment sites and the bus and railway station. The Penrith Parking and Movement Study was commissioned in October 2019 and its preparation is now complete.
1.2 This Partners’ Joint Committee Report is being used by each of the partner organisations to provide a consistent overview of the Penrith Parking and Movement Study. It provides an outline of the individual interventions which form the eight packages of improvements and the next steps to support their delivery.
1.3 The individual interventions, which form the eight packages of improvements presented in the Penrith Parking and Movement Study, have been developed with the co-operation of all partners. The delivery of the individual interventions which make up the packages of improvements is subject to funding being secured. It was recognised from the outset of the Study that funding was not currently available but that the Study would provide highly valuable information to enable the partner organisations to bid for and secure funding should it become available.
1.4 The Penrith Parking and Movement Study provides the evidence (based on a robust assessment and defined methodology) and justification to support the partner organisations in seeking to secure funding from internal and external funding sources. It is recognised that further scheme development will be required for some of the interventions which make up the packages of improvements and, at that stage, further stakeholder engagement/public consultation will be undertaken.
2.0 Recommendations
2.1 That the partner organisations; Cumbria County Council (Eden Local Committee) Eden District Council and Penrith Town Council: 1. Endorse the principle of the interventions which make up the packages of improvements (as summarised in the Penrith Parking and Movement Study Non-Technical Summary – Appendix B) and note the delivery leads for each intervention; 2. Agree to work together to explore the opportunities for funding to deliver the interventions which make up the packages of improvements through internal and external funding sources, and to agree how these should be prioritised; and
Page 10 3. Agree to the establishment of an Implementation Group to ensure the co- ordinated delivery of the interventions which make up the packages of improvements.
3.0 Background
3.1 Cumbria County Council (Eden Local Committee), Eden District Council and Penrith Town Council have jointly funded a project to develop a coherent and comprehensive parking and movement study for Penrith.
3.2 The overarching aims of the study were to understand how existing parking provision in Penrith could be enhanced, whilst maximising connectivity between car parks, for cyclists and walkers within the town centre, key employment areas and the bus and railway station.
3.3 To ensure the preparation of the study was kept on track, robust governance arrangements were put in place. A project team (made up of officers from each partner organisation) was established to ensure that technical advice and local knowledge was embedded within the Study. Consultants WSP – a multi-disciplinary company with specialisms in Transport Planning – were commissioned to prepare the study. This helped to bring an impartial evaluation of the issues to the project and allowed the Study to be informed on how other towns had approached improvements to the parking and movement issues within their areas.
3.4 A Communications and Engagement Strategy was developed as part of the study. This set out the process of identifying stakeholders, the approach taken to stakeholder engagement and the timing of engagement at different stages of the study. It also outlined the approach adopted in relation to the stakeholder, employer and employee surveys, and the stakeholder workshops. Four elected members from each of the partner organisations were identified to provide input into the preparation of the study.
3.5 The Study was prepared in four stages (as detailed below). The staged approach to the preparation of the Study ensured that there were appropriate checkpoints at the end of each key activity of work.
Stage 1: Baseline Review and Assessment - This stage involved reviewing relevant policy, guidance and previous studies as well as collecting information to confirm the usage of off-street car parks and an assessment of on-street parking provision. In addition, face-to-face surveys from a sample of car park users were undertaken and businesses contacted to find out their opinions on parking in the local area. Stakeholders’ general views on existing issues were also captured via an online survey (November 2019). A workshop was held (January 2020) with key stakeholders to gain more in-depth feedback on the main issues in Penrith and to capture thoughts on potential solutions to these issues.
Stage 2: Identify Options for Interventions - Using the information from the baseline assessment, a long list of interventions were identified, as well as a number of interventions which have been developed separately as part of the EDC’s Local Plan - Infrastructure Delivery Plan (IDP).
Page 11
To determine which of these interventions should be progressed and developed further, they were assessed using a sifting methodology. This involved appraising each intervention on how well it performed against the study’s objectives and a set of performance criteria contained in the Department for Transports’ Early Assessment and Sifting Tool (EAST). This resulted in a short list of 39 interventions being identified.
Of the 39 interventions that made the shortlist, 5 were discounted as part of further development however, in isolation, and in the context of other discrete local issues, these schemes could be developed independently.
As part of Stage 2, it was originally proposed to undertake a further stakeholder workshop to gain feedback on the potential interventions. In response to the restrictions imposed by COVID-19, the stakeholder engagement was undertaken remotely.
Stage 3: Develop Interventions - The short list of interventions were then grouped into eight packages and conceptual designs and strategies were developed together with indicative costs, potential sources of funding together with delivery leads. IDP interventions being developed through separate work- streams are included in the PPMS due to their alignment against the objectives of the study and to and further strengthen the case for investment and funding.
Stage 4: Prepare Strategy – Brings together the previous three stages to prepare the Penrith Parking and Movement Final Report and the Non-Technical Summary.
3.6 The preparation of the Study has been based on a defined methodology and robust assessment of options. The delivery of any of the interventions which make up the packages of improvements identified in the study are subject to funding being secured. But by ensuring that the appraisal and selection of interventions is based on a robust approach, the study will help to provide the evidence and justification to support the partner organisations in seeking to secure funding.
Page 12 4.0 Package of Improvements
4.1 Following the sifting of the longlist, a total of 39 interventions were identified in the shortlist. These interventions were then grouped thematically into packages. The eight packages are: Package 1 Additional Parking Capacity Package 2 Long Stay Parking in Penrith Package 3 Town Centre Parking Package 4 On-street Parking (Residential) Package 5 Penrith Town Centre Improvements Package 6 Nuisance Parking Package 7 Cycling and Walking Connectivity Improvements Package 8 Travel Demand and Technology Improvements
4.2 Conceptual designs and strategies for each of the eight packages were developed and used to: understand the impacts of the interventions and assess their feasibility; make a recommendation on whether to pursue each intervention; develop indicative intervention costs, which will be subject to refinement as they are developed further; and identify potential sources of funding identify delivery leads identify delivery risks and outline delivery programmes based on the assumption that funding and political and public support is secured.
4.3 These are presented in the Non – Technical Summary attached as Appendix B. A summary of interventions which make up the eight improvement packages is provided below.
Package 1 - Additional Capacity 4.4 The baseline assessment illustrated that there are areas associated with a shortage of affordable long stay parking. This package of interventions is aimed at improving the parking offer at strategic locations to reduce on street parking that occurs along strategic routes in the town. The interventions include: Increased off street car parking capacity in areas around the station Utilise parking at retail area in the vicinity of the railway station Park and ride service using existing bus services (only to be pursued if long stay capacity becomes a significant issue)
Package 2 - Long Stay Parking 4.5 This packages of interventions aims to improve the existing provision of long stay parking for visitors, businesses and residents through alternative car park management regimes at supermarkets and a review of season ticket allocations, parking tariffs and permit distribution, to manage overall parking distribution across the town. In addition, the package seeks to improve information signs for drivers to improve the management of car parking space within the town. The interventions include:
Page 13 Provide Long Stay Parking Capacity at Supermarkets Review season ticket scheme allocation and tariffs Review car-parking tariffs Implement ‘Pay on departure’ in car parks Review off street permit provision Implement a signage strategy to better direct drivers to underutilised car parks Provide parking and movement information
Package 3 - Town Centre Parking 4.6 This package of interventions aims to improve on street parking use in town through a review of existing parking policy, restrictions, disc use and parking zones. The level of use of Temporary and Permanent Residents’ Parking Permits in town centre streets is seen by many to be detrimental to the vitality of the town’s commercial premises. In particular in the streets fronting commercial premises, the on-street parking bays are considered prime space for enabling customers to access those premises. The interventions include: Develop a new on-street parking policy Review the maximum stay permitted using discs throughout the town Review requirement to extend controlled parking zones
Package 4 - On-street Parking (Residential) 4.7 These interventions improve on street parking for residents. Householders who receive and rely upon regular and frequent visitors are constrained by the policy limit applied to streets that do not permit hour disc parking. By reviewing the existing residential on street policy and permit provision this could potentially provide a fairer basis by which to allocate permits. The interventions include: Review the number of Visitor Permits for residents. Introduce limited daytime disc parking in all residential permit areas to facilitate regular/frequent visitors Limit the issuing of on-street permits so that they are relative to kerb side capacity Rationalise residential parking exemptions in commercial streets in the town centre Review parking permit provision for new residential developments
Package 5 - Penrith Town Centre Improvements 4.8 This package of interventions aims to improve parking provision within the town centre to ensure it is utilised efficiently. The interventions include: Reduce parking at Corn Market/Great Dockray (IDP scheme) Make improvements to the parking area around Lloyds Banks Reconfigure Market Square (IDP scheme)
Page 14 Package 6 - Nuisance Parking 4.9 This package looks at addressing instances of nuisance parking around Penrith which adds pressure to car parking areas on the network, as well as causing issues for local residents. The interventions include: Develop a strategy to enforce overnight parking restrictions in Castletown (in and around Gilwilly Lane and Industrial Estate Business Park) Implement road safety improvements to reduce parking in the Wetheriggs Lane area.
Package 7 - Cycling and Walking Connectivity Improvements 4.10 This package aims to improve accessibility around the town, promote physical activity for residents and commuters, reduce car journeys by transferring trips to active modes and lastly improve the connectivity between the key car parks across Penrith to make it easier for pedestrians to navigate the town. Several of the interventions are derived from the Eden Local Plan Infrastructure Delivery Plan, their inclusion in the PPMS further strengthen the needs for investment. The interventions include: Improvements to walking and cycling connectivity between the town centre and bus and train stations Improve the underpass at Mallard Close (IDP scheme) Provide facilities for pedestrians at side road crossing points in Penrith town (IDP Scheme) Improvements to junctions with Brunswick Square/Watson Terrace and Stricklandgate (IDP Scheme) Provide facilities for pedestrians at roundabouts along the A592 with Cromwell Road and B5288 Norfolk Road (IDP Scheme) Increase cycle storage across the town Provide cycle facilities along the eastern side of the A6 past the hospital (IDP Scheme) Upgrade the Stricklandgate/Portland Place junction (IDP Scheme) Reconfigure the layout of Corney Place (IDP Scheme)
4.11 It is envisaged that a Local Cycling and Walking Infrastructure Plan (LCWIP) will be developed for Penrith. This will build on the work undertaken as part of the PPMS specifically, those interventions highlighted above and provide a more coherent plan for active mode infrastructure in the town as a whole.
Package 8 - Travel Demand and Technology Improvements 4.12 The package aims to reduce traffic through softer measures and ensure that the town is future proofed through the implementation of measures which address an increase in the uptake of Electric Vehicle and sustainable modes of transport. The interventions include: Raise awareness of sharing road space with cyclists. Electric vehicle charging infrastructure strategy. Travel demand management measures
Page 15 5.0 Delivery of the Packages of Improvements
5.1 The intervention which make up packages of improvements presented in the Penrith Parking and Movement Study Report have been developed jointly with the co- operation of all funding partners.
5.2 The delivery of the interventions is subject to funding being secured. The study provides the evidence (based on a robust assessment and defined methodology) to support the partner organisations in seeking to secure funding from internal and external funding sources. Further approval from the partner organisations’ committees will be needed to confirm the allocation of funding.
5.3 It is recognised that further scheme development will be required for some of the interventions identified in the packages of improvements and at that stage, further stakeholder engagement/ public consultation will be undertaken.
5.4 To ensure momentum and to support the delivery of the interventions identified in the packages of improvements, an Implementation Group will be established to co- ordinate and monitor progress. The implementation group will be a sub-group of the Penrith Town Working Group and will include officers from each of the partner organisations. The Implementation Group will meet bi-monthly to monitor progress and co-ordinate requests for funding (and seek the relevant approvals) to secure the delivery of the interventions. Updates on progress of the delivery of the interventions will be reported through the partner organisations’ committee structures when appropriate.
6.0 Conclusion
6.1 The Penrith Parking and Movement Study presents a coherent programme of measures to improve parking provision in Penrith whilst seeking to enhance walking and cycling connectivity between car parks and the town centre, key employment areas and the bus and railway station. It has been jointly developed by the partner organisations with significant engagement out with a broad range of stakeholders who have made an essential contribution to shaping the Study. Whilst the delivery of the interventions identified in the packages of improvements is subject to funding being secured, the Penrith Parking and Movement Study provides critical evidence to support the partner organisations in securing funding from internal and external sources. The establishment of an Implementation Group will help to maintain the momentum and support the partners in working together to deliver the interventions identified in the package of improvements.
END
Page 16 PENRITH PARKING AND MOVEMENT STUDY
1. Introduction The study area (Figure 1) has been defined to include the urban core of the town, and the inclusion of key car parks. Additionally, The Penrith Parking and Movement Study (PPMS) was jointly the study area is considered to be where higher volumes of non- commissioned by Cumbria County Council (CCC), Eden District motorised trips (walking and cycling) take place between the bus Council (EDC) and Penrith Town Council (PTC). The overarching and railway stations, car parks and local amenities. Whilst this plan aims of the study are to understand how existing parking provision covers the main focus of the study, consideration has been given to in Penrith can be enhanced, whilst maximising connectivity between areas outside of the study boundary, for example around the New car parks, for cyclists and walkers within the town centre, key Streets and Gilwilly Industrial Estate The study area also includes employment areas and the bus and railway station. the Penrith Conservation Area, and the New Streets Conservation Figure 1 Study Area Area. The primary objective of the PPMS was to provide a robust parking and movement strategy, which responds to the requirements of residents, businesses, commuters and visitors, and identifies interventions which: Provides a suitable parking offer to support the functionality, attractiveness and viability of Penrith, that addresses current issues and supports anticipated future parking needs; and Improves walking and cycling connectivity within Penrith, focusing on walking route connections from existing car parking areas to:
o The town centre; o Key employment areas; and o The rail and bus stations. Provide cycle route connections from existing (or proposed) cycle routes to:
o The town centre; o Key employment areas; and Page 17 Page o The rail and bus stations.
PENRITH PARKING AND MOVEMENT STUDY Page 18 Page The study was completed in four stages: to assess existing parking issues, and walking and cycling network to fully understand the issues and constraints. Several issues were Stage 1: Baseline Information and Assessment; highlighted, and these are outlined below. Stage 2: Identify Interventions; Off-Street Parking Offer Stage 3: Develop Interventions; and Stage 4: Produce the Penrith Parking and Movement Study Available and affordable long-stay car parking is a prevailing Report (and Non-Technical Summary). issue within the Penrith; Long and medium stay car parking, which supports leisure The staged approach to preparation of the study ensured that there industries is lacking in the centre of town. The current tariffs were appropriate checkpoints at the end of each key activity of and restrictions curtail stays in town and are counter- work. The study was based on a defined methodology and assessment of interventions to ensure that it would present the most productive to economic growth in the town and maintaining robust evidence to explain the need for the interventions and high street viability; and justification necessary to support the partner organisations in There is a lack of Electric Vehicle Charging Bays across the seeking to secure funding from internal and external funding town. sources. On-Street Parking Offer The delivery of interventions which make up the packages improvements identified through the PPMS is subject to funding The level of use of temporary and permanent residents parking being secured. It was recognised from the onset of the study that permits in town centre streets is seen by many to be funding for the improvements was not currently available but that detrimental to the vitality of the town’s commercial premises; the study would provide highly valuable information to enable the While small in absolute number, parking on the edge of the partner organisations to bid for and secure funding should it become available. Controlled Parking Zone (CPZ) by some workers is creating localised pressure and loss of amenity for local residents; To ensure the preparation of the study was kept on track, robust governance arrangements were put in place. A project team (made Some residents living in areas that operate resident permit up of officers from each of the partner organisations) was parking only are finding that the allocation of sixty temporary established to ensure that technical advice and local knowledge residents permits is insufficient; was embedded in the study. Insufficient allocation of temporary resident permits, adversely 2. Stage 1 - Baseline Information and Assessment affecting some residents as a result of the policy; Some residential areas have restrictions which mean there is This stage involved reviewing relevant policy and guidance and previous as well as collecting information to confirm the usage of off substantial available kerb space throughout the day, which street car parks and an assessment of on street parking provision
PENRITH PARKING AND MOVEMENT STUDY
could be utilised for short/medium stay parking during working Several methods were employed in engaging with stakeholders, as hours; summarised below: The policy to manage on-street parking permits for residents is Stakeholders and Employer/Employee were invited to potentially under-exercised and it is considered that further complete online questionnaires (between 14th November and development of policies (to ensure good street space 6th December 2020) relating to parking and movements within governance), would be beneficial; and Penrith , aimed at understanding the needs of the local Issues arise when parking generated by the new population. developments is not, or cannot be, adequately controlled. Car park and user behaviour surveys were conducted in Penrith car parks between 14th – 16th November 2019 to Movements around Penrith identify parking demand, and also the views of those people A large proportion of Penrith is characterised by narrow using the car parks. streets, making it difficult for safe and direct travel by Technical Workshop: a workshop session was held on 9th pedestrians and cyclists; December 2019 to gather local knowledge and input from There are sections of the road and footway network which technical officers; and have a challenging topography that acts as a barrier to cycling; Stakeholder Workshop 1: a workshop session was held on Cromwell Road suffers particular severance issues for cyclists 7th January 2020, with stakeholders from a range of statutory and pedestrians in Penrith, which makes access to the town and non-statutory groups (such as elected members (from centre and bus station difficult from the railway station; each of the partner organisations), transport bodies , access There is a lack of dedicated cycling infrastructure across the groups, car park operators; walking and cycling groups, town, something that is particularly evident on narrow sections business and tourist organisations); of the road network. This results in potential conflicts between vehicles and cyclists, and perceptions of safety issues that The workshop session comprised two facilitated exercises, in which together are likely resulting in low levels of cycling across the stakeholders were asked to focus on identifying issues and opportunities within Penrith under two themes: town. Parking; and 3. Stakeholder Engagement Active Travel (walking and cycling) Stakeholder input and feedback is critical to the development of a This information was used to compile evidence as part of Stage 1. robust and comprehensive evidence base from which to identify
Page 19 Page potential interventions. As part of Stage 2, additional stakeholder engagement was also undertaken. This session was originally intended to be a face-to-
PENRITH PARKING AND MOVEMENT STUDY Page 20 Page face workshop on 18th March 2020, with representatives from Highway; and Stakeholder Workshop 1, however, due to COVID-19, this Other. engagement was undertaken remotely (during May 2020). This remote engagement offered the relevant stakeholders an The interventions developed as part of the long list ranged from opportunity to provide feedback on the identified interventions that small-scale interventions, such as policy changes, to larger scale were being shortlisted for further development, and provided the interventions, such as new footway and cycleway provision between opportunity to put forward any additional interventions for the railway station and the town centre. consideration. The interventions were then sifted using a clearly defined 4. Stage 2 - Identify Interventions methodology developed in line with the UK’s Department of Reflecting the issues identified from the assessment undertaken in Transport’s (DfT) Transport Analysis Guidance (TAG). This ensured Stage 1. A long list of interventions was developed through: that the study would be based upon robust evidence whilst also providing the necessary justification to support the partner Consultation and engagement with the project team - CCC, organisations in seeking to secure funding from internal and EDC and PTC; external sources. Technical and stakeholder workshops; The basis of the methodology was the DfT’s Early Assessment and A review of pre-existing interventions within the study area that Sifting Tool (EAST). EAST is a decision support tool that has been have not yet been delivered; and developed to summarise and present evidence on interventions in Feedback provided during the consultation of the Penrith a clear and consistent format. It provides decision makers with relevant, high level information to help them form an early view of Strategic Masterplan and the Draft Penrith Neighbourhood how interventions perform and compare. Development Plan. The Transport Analysis Guidance (TAG) therefore recommends A total of 62 interventions were identified as part of the intervention that specific criteria or thresholds are assessed against a range of generation process. The interventions comprised interventions key criteria in alignment with the respective study objectives, to developed as part of the PPMS, as well as a number of interventions prioritise interventions for further development. which have been developed separately as part of the EDC’s Local To determine which interventions were progressed to a more Plan - Infrastructure Delivery Plan (IDP). detailed assessment in the study, scoring and sifting of the longlist Interventions in the list fell into one of the following six categories: was undertaken. The process is outlined in Figure 2. Off-Street Parking; On-Street Parking; Walking; Cycling;
PENRITH PARKING AND MOVEMENT STUDY
Package 3 Town Centre Parking; Step 1 - Develop the Assessment Framework Package 4 On-street Parking (Residential); Package 5 Penrith Town Centre Improvements; Step 2 - Assess the Long List of Interventions Package 6 Nuisance Parking; against Objectives and EAST categories Package 7 Cycling and Walking Connectivity Improvements; and Step 3 - Sift interventions using threshold scores Package 8 Travel Demand and Technology Improvements. Of the 39 interventions that made the shortlist, 5 were discounted Step 4 - Package interventions to allow for as part of further development however, in isolation, and in the phased delivery context of other discrete local issues, these interventions could be developed independently. In total, 34 interventions were Figure 2 Approach to sifting the long list into packages recommended as part of the PPMS, of which 9 are contained in The sifting process comprised two stages; the first considered the EDC’s Local Plan IDP. interventions in relation to the objectives of the study, and the 5. Stage 3 - Develop Interventions second assessed each of the interventions against the UK Government’s Green Book five case criteria which includes Conceptual designs and strategies for the interventions which Strategic, Economic, Managerial, Financial and Commercial make up each of the eight packages were developed and used to: considerations. Understand the impacts of the interventions and assess their Thresholds were subsequently specified, and interventions feasibility; assigned scores, to establish a range of transport solutions Make a recommendation on whether to pursue an intervention; reflecting the main objectives of the study and to ensure that a Develop indicative intervention costs, which will be subject to sensible number of distinct and feasible interventions were refinement as they are developed further; shortlisted. Any intervention which did not meet the sifting criteria was discounted, and not taken forward to the shortlist of the Identify Delivery Leads (and Delivery Partners); interventions in the PPMS. Identify potential funding sources; and Following the sifting of the longlist, a total of 39 interventions made Outline delivery programmes, based on the assumption that the shortlist. These interventions were then grouped thematically funding, political and public support is secured. into packages. The eight packages were: EDC’s Local Plan IDP interventions are being developed through
Page 21 Page Package 1 Additional Parking Capacity; separate workstreams and are included due to their alignment Package 2 Long Stay Parking in Penrith; against the objectives of the PPMS. IDP interventions are included
PENRITH PARKING AND MOVEMENT STUDY Page 22 Page in Package 5 and Package 7 and further strengthen the case for the need for investment and funding for those interventions. The PPMS highlights their importance in supporting the parking offer, whilst improving active travel through Penrith. It is envisaged that a Local Cycling and Walking Infrastructure Plan (LCWIP) will be developed for Penrith (Autumn 2020). This will build on the work undertaken as part of the PPMS (specifically, in Package 7), and provide a more coherent plan for active mode infrastructure in the town as a whole. An overview of the interventions which make up the eight packages of improvements is provided in the tables below. They outline the issues addressed, expected benefits, potential dis-benefits and the interventions within the package. Each intervention is then described, identifying the delivery lead, delivery partners, the dependencies on other interventions, the potential funding sources, timescales for delivery and outline costs. The outline costs were developed with the Project Delivery Team. Where interventions are primarily changes to policy, an estimate cost is provided to undertake the administration of the policy change and any additional annual costs associated with the policy. Where new works are proposed (e.g new layouts, footway/cycleways, costs have been estimated from appropriate quantities using Spon's Civil Engineering and Highway Works Price Book and experience from similar interventions which are at construction stage. Additions have been added to include; legal costs (e.g. Traffic Regulation Orders), land purchase costs based on Cumbria average industrial land values, consultant fees, risk, optimism bias and inflation based on indicative delivery programmes. The timescales include further design and development of the intervention, which includes refinement of the design/policy, improved cost estimates, consultation with relevant communities and stakeholders, and identification and securing final funding for construction / delivery of the package.
PENRITH PARKING AND MOVEMENT STUDY
PACKAGE 1 – Additional Parking Capacity (Package Overview) Caters for future increases in parking demand near the railway station; Issue Addressed Addresses a shortage of affordable long-stay parking around Penrith Railway Station; and Alleviates capacity constraints to serve users of the existing railway station car park. Additional capacity at the railway station; Benefits Facilitation of business growth by further supporting access to railway services; and Reduction in on-street car parking on Ullswater Road and Skirsgill Gardens. An increase in vehicular traffic into Penrith which may result in further pressure on the road network and to the detriment to the local of Dis-benefits environment, which can be mitigated through the implementation of a signage strategy (ID55). ID1 - Identify additional sites for increasing capacity (short and long stay) in Penrith ID6 - Increased car parking capacity (short and long stay) in areas around railway station
ID7 - Increase off-street parking (short and long stay) at the railway station through additional decks on the existing multi-storey facility ID60 - Provide a Park and Ride service using the existing Penrith to Carlisle commercial bus route (104)
PACKAGE 1 – Additional Parking Capacity (Intervention Detail) Potential Delivery Delivery Delivery Description Dependencies Funding Cost Range ID Lead Partners Programme Sources 1 Identify additional sites for increasing Not Recommended as there is no requirement to increase physical permanent capacity in the town as a whole. capacity (short and long stay) in Penrith 6- Increased car Private sector (if parking capacity Create additional capacity at the railway it is private (short and long station. This would reduce overspill sector led) or parking in areas such as Ullswater Road stay) in areas CCC, EDC budget to and Skirsgill Gardens. Subject to Long term growth Capital costs of around railway PTC, purchase, increasing demand in the future, delivery EDC in demand at the £750,000 to £960,000 3 Years station Network construct and of a site may require negotiations with rail station Rail operate, with (Car Park near the landowners and would be led by either potential for Page 23 Page Rail Station) private sector investment (i.e. car park parking revenue operators) or EDC through acquisition of to pay back over
PENRITH PARKING AND MOVEMENT STUDY Page 24 Page any land and construction of an off-street intervention car park. lifetime. Growth in An allocation of staff A second option would be to utilise Castle demand at the rail resource required. parking at the retail areas to the south of Retail station and 6 (Castle Retail the railway station. Agreement would be Park and EDC amendments to EDC staff time Estimated cost to 6 months Negotiations) required between EDC and Castle Retail Tenants, the castle retail deliver externally using Park landlords and tenants. A intervention Network would need to be agreed and advertised Rail park lease terms third party consultant to rail users. and conditions £1,500 to £2,200 7- Increase off- street parking (short and long stay) at the railway station through Not Recommended due to the historic nature of the surrounding built environment and potential to negatively impact existing views of Penrith Castle. additional decks on the existing multi-storey facility
Improve the parking offer for commuters to Penrith through the provision of Private sector / increased capacity outside of the town by CCC Eden means of a park and ride. Local Only to be Capital costs of Committee / Should the longer-term needs of the town Stage- pursued if long £12,800 to £18,500 60 CCC Central result in increased requirement for more coach, stay overcapacity 6 months Explore a Park Government long stay parking, the provision of Eden Local CCC, in Penrith and Ride Service grants currently Revenue costs of additional long stay car park capacity in Committee PTC becomes a unavailable, but £1500 in year one and the form of a park and ride outside of the significant issue. town centre would be a viable option. This potentially £1000 per annum would require discussions with available in the ongoing Stagecoach, Cumbria County Council and future. any private car park owners.
PENRITH PARKING AND MOVEMENT STUDY
PACKAGE 2 – Long Stay Parking in Penrith (Package Overview) Disparities in car parking capacity in Penrith; Parking on the edge of the Controlled Parking Zone (CPZ); Issue Addressed Restrictive methods of payment on some car parks around the town; and Excess demand at certain car parks within the town, whilst others remain below capacity. Better parking offer for commuters who currently park at inappropriate locations across the town; Benefits Encourages greater lengths of stays for visitors to the town; and Additional signage improves the efficiency of drivers searching for parking spaces, thus reducing the level of traffic within the town. Dis-benefits Public opposition to interventions which impact on their own parking choices, for example, existing season tickets holders would incur higher parking charges. ID10 – Provide Long Stay Parking Capacity at Supermarkets ID13 – Review season ticket intervention allocation and tariffs ID14 – Review car-parking tariffs Shortlisted ID16 – Implement ‘Pay on departure’ in car parks Interventions ID18 – Review off street permit provision ID55 – Implement a signage strategy to better direct drivers to underutilised car parks ID62 – Provide parking and movement information
PACKAGE 2 – Long Stay Parking in Penrith (Intervention Detail) Potential Delivery Delivery Delivery Description Dependencies Funding Cost Range ID Lead Partners Programme Sources By using existing spare parking capacity at the supermarkets in Penrith, this An allocation of staff intervention would improve the offer of resource required. long-stay parking in Penrith. This would 10 reduce the extent and quantity of workers parking on-street in locations beyond the Super- Estimated alternative Provide long stay EDC None EDC staff time 1 Year parking capacity Controlled Parking Zone. markets cost to deliver externally at supermarkets The delivery of this intervention is using third party dependent on the development of a consultant
Page 25 Page leasing strategy between EDC as the £1,500 to £2,200 planning authority and the supermarkets within Penrith.
PENRITH PARKING AND MOVEMENT STUDY Page 26 Page An allocation of staff Delivery of this intervention would provide resource required + additional season tickets for long stay £1,000 for publicity and 13 users who request one. This will reduce communications support long stay on-street parking beyond the Review of season CCC, EDC/CCC/PTC Controlled Parking Zone. EDC Linked to ID10 2 Years ticket intervention PTC staff time Estimated alternative allocation and EDC to review existing season ticket cost to deliver externally tariffs allocations and tariffs and prepare revisions to the number of season tickets using third party allocated. consultant £3,000 to £4,500 An allocation of staff resource required + £3,000 for signage and communications support. Review of existing parking tariffs charged for visitor parking in Penrith. Whilst having Estimated alternative an impact on net revenue for EDC, this cost to deliver externally intervention would make parking in the 14 Review of car town more desirable for visitors, CCC, EDC/CCC/PTC using third party EDC Linked to ID10 2 Years parking tariffs potentially increasing public spending in PTC staff time consultant Penrith. £5,000 to £6,500 EDC would be required to assess the impact on revenues and propose a new Estimated cost tariff for implementation. associated with loss of annual revenue generation from a reduction in tariffs could be in the region of £5,000 -£10,000 p/a
PENRITH PARKING AND MOVEMENT STUDY
Increase the range of payment methods available at some car parks in Penrith, Private sector (if which would in turn, likely increase the private sector length of stay in the town centre. Through led) or EDC implementation of ‘pay on exit’ or ‘tap-in budget to purchase, 16 implement ‘Pay tap-out’ measures, this would encourage CCC, construct and Capital costs of on departure’ in people to stay longer in the town, by EDC None 2 Years PTC operate, with car parks removing the feeling that they are time- £10,500 to £15,500 capped by their parking. potential for parking revenue EDC would need to seek advice and to pay back over prepare a business case for options to the intervention convert current payment machines to lifetime. accept pay on departure. A review of existing permit allocation to An allocation of staff ensure that permits are allocated more resource required. effectively, and that they benefit those in
18 the community who need them most. This would require EDC to review previous Estimated alternative EDC NA None EDC staff time 6 Months Review off street provision and application data and cost to deliver externally permit provision develop a revised strategy for future using third party allocation. This should be monitored to consultant ensure the new strategy is effective when £4,500 to £6,500 delivered. Improvements to signage to car parks in Penrith would ensure visitors can better 55 navigate around the town in search for a CCC Eden Implement a suitable car park, making use of under- Local CCC EDC, Capital costs of signage strategy utilised car parks. None Committee / 1-2 Years to better direct PTC £15,600 to £23,000 Improvements to static signage in the private sector drivers to car medium term, with an aim to install match funding parks electronic signage in the long-term based on the monitoring of car park use. An allocation of staff resource required. 62 Information, mainly intended for visitors, To incorporate all on the provision of parking information, so Provide Parking EDC PTC other parking EDC staff time 6 Months that they know where to park for long or Estimated alternative and Movement policies Information short stays in the town. cost to deliver externally Page 27 Page using third party consultant
PENRITH PARKING AND MOVEMENT STUDY Page 28 Page £6,000 to £9,000
PACKAGE 3 – Town Centre Parking (Package Overview) Discrepancies in existing on-street parking policy; and Issue Addressed Improved management of the on-street environment. Improvements in the parking offer for visitors/shoppers to the town centre; Potential economic benefits as a result of increased footfall in the town centre; Benefits Reduction in the amount of circulating traffic around the town, through a review of short-stay parking areas; and Increased use of leisure areas such as Castle Park. Dis-benefits Public opposition to interventions which impact on their own parking choices.
ID17 – Develop a new on-street parking policy Shortlisted ID19 – Review the maximum stay permitted using discs throughout the town Interventions ID20 – Review requirement to extend controlled parking zones ID24 – Remove parking restrictions from Victoria Road
PACKAGE 3 – Town Centre Parking (Intervention Detail) Potential Delivery Delivery Delivery Description Dependencies Funding Cost Range ID Lead Partners Programme Sources An allocation of staff A review, and subsequent adjustment to resource required the existing on-street parking policy to 17 Develop a new ensure that on-street parking is better CCC CCC Eden Local EDC, Estimated alternative on street parking utilised across Penrith. Development of a Linked to ID19, 20 Committee / 6 Months Eden Local PTC cost to deliver policy pilot intervention for adoption in Penrith, Committee match funding with associated consultation with the externally using third public and key stakeholders. party consultant £3,500 to £5,000 19 review the Reduce the maximum on-street stay in CCC CCC Eden Local An allocation of staff maximum parking the town centre, which would facilitate EDC, Linked to ID17 Committee / resource required + l 2 Years duration provision for on-street visitor parking for Eden Local PTC match funding advertisement and programme using single use shopping/business trips. The Committee
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discs through the development of this intervention would capital costs £13,000- town require CCC to revise the existing orders £20,500 in line with the Traffic Regulation Order
(TRO) process. Estimated alternative cost to deliver externally using third party consultant £21,000 to £30,500 20 (extend CPZ) Review the extent Not recommended as this would be mitigated through other interventions associated with on-street parking. of the controlled parking zone An allocation of staff resource required + advertisement and Controlled parking for Castle Park and capital costs £3,000- 20 (Ullswater Ullswater Road is recommended and is Road) Review the CCC Eden CCC Eden Local £4,500 aimed at improving the parking offer for EDC, extent of the Local Linked to ID17 Committee / 2 Years leisure users throughout the day. PTC controlled parking Committee match funding Estimated alternative Delivered via revisions to the existing zones orders in line with the TRO process. cost to deliver externally using third party consultant £5,000 to £7,200 24 Remove Victoria Road Not recommended on the grounds that this location serves as short–term loading for Guest Houses (and other residences). parking restrictions
Page 29 Page PACKAGE 4 – On-Street Parking (Residential) (Package Overview)
PENRITH PARKING AND MOVEMENT STUDY Page 30 Page Use of spare daytime on-street parking capacity on residential streets; Issue Addressed Excess pressure on certain zones within the Controlled Parking Zones (CPZ); and Excess allocation of permits for new developments, causing issues for existing developments. Improved parking capacity throughout the day; Improved kerbside parking management; Benefits Control over the potential impact of additional parking generated by new developments in the town; and Support local businesses by ensuring short-term visitor spaces are provided. Dis-benefits Public opposition to interventions which impact on their own parking choices
ID21 – Review the number of Visitor Permits for residents. Introduce limited daytime disc parking in all residential permit areas to facilitate regular/frequent visitors Shortlisted ID22 – Limit the issuing of on-street permits so that they are relative to kerb side capacity Interventions ID23 – Rationalise residential parking exemptions in commercial streets in the town centre ID31 – Review parking permit provision for new residential developments
PACKAGE 4 – On-Street Parking (Residential) (Intervention Detail) Potential Delivery Delivery Dependencie Delivery Description Funding Cost Range ID Lead Partners s Programme Sources An allocation of staff resource required +advertisement and Facilitate more regular visits for those who capital costs £10,000- may be reliant on carers. This would allow 21 Review the visitors to park, uncharged with the use of CCC Eden CCC Eden Local £15,000 EDC, number of visitor a disc. Consultation with the public and Local Linked to ID17 Committee / 2 Years PTC permits stakeholders prior to a revision to the Committee match funding Estimated alternative existing TRO. This intervention would also cost to deliver externally require updates to existing signage. using third party consultant £27,500 to £40,000 22 Provide on- Reduce pressure on high demand parking CCC Eden CCC Eden Local An allocation of staff EDC, street permit zones in Penrith through a revision to Local Linked to ID17 Committee / resource required 1 Year PTC supply relative to parking permit policy. Implementation of Committee match funding
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kerb side this intervention would require Estimated alternative capacity consultation with residents and cost to deliver externally stakeholders, and regular monitoring of using third party on-street permit occupancy. consultant £7,500 to £11,000 An allocation of staff resource required + advertisement and 23 Rationalise Ensure local businesses are served by 2- capital costs £6,500 to residential 3 short-term visitors’ spaces. This would parking likely encourage more spending in local CCC Eden CCC Eden Local £9,500 EDC, exemptions in shops, boosting the local economy. Local Linked to ID17 Committee / 2 Years PTC commercial Consultation and revision of existing TRO Committee match funding Estimated alternative streets in the would be required prior to implementation cost to deliver externally town centre of changes. using third party consultant £20,500 to £30,000 Review of parking permit provision for any An allocation of staff new development within Penrith. The resource required 31 review policy is aimed at reducing pressure on
parking permit existing parking capacity, whilst also CCC / CCC Eden Local provision for new promoting a reduced reliance on car travel PTC Linked to ID17 Estimated alternative 6 Months EDC Committee EDC residential for residents within the town. cost to deliver externally using third party developments Revision of guidance, and EDC should consultant aim to integrate the intervention into planning policies. £5,000 to £7,500
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PENRITH PARKING AND MOVEMENT STUDY Page 32 Page PACKAGE 5 – Penrith Town Centre Improvements (Package Overview) PACKAGE 5 – Penrith Town Centre Improvements (Package Overview) Addresses conflict between motorised vehicles and pedestrians at Great Dockray; and Issue Addressed Addresses safety issues associated with the area around Lloyds bank, accommodating the needs of both pedestrians and motorised vehicles. Improved urban realm; Benefits Improvements to environmental factors such as reduced noise and improved air quality; and Improved parking capacity at Lloyds Bank. Dis-benefits Rationalisation of parking may result in loss of parking space at Great Dockray, reallocated to pedestrians.
ID25 – Consider the appropriateness of parking in Middlegate ID26 – Develop a greenspace community at Great Dockray Shortlisted ID27 – Reduce parking at Corn Market/Great Dockray (IDP) Interventions ID36 – Make improvements to the parking area around Lloyds Banks ID54 – Reconfigure Market Square (IDP)
PACKAGE 5 – Penrith Town Centre Improvements (Intervention Detail) Potential Delivery Delivery Delivery Description Dependencies Funding Cost Range ID Lead Partners Programme Sources 25 Review parking provision in Middlegate Not recommended on the grounds that the existing parking in this area facilitates business operations around Middlegate.
These interventions are aimed at S106 26 Develop a rationalising the existing layout at Great contributions; £554,000* greenspace Dockray one of which builds upon EDC Borderland Place Scope not
community area Local Plan ID27-reduce parking at EDC / Synergies with Shaping defined so CCC at Great Dockray Great Dockray implementation of ID26 PTC ID27 Programme - part *Cost identified programme (Part of EDC’s (greenspace community) is dependent of the Borderlands through IDP not defined LP’s IDP) on the effectiveness of the IDP Deal / match scheme costs intervention. funding
PENRITH PARKING AND MOVEMENT STUDY
Being progressed Section 106 as part of the contributions delivery of 27 Reduce Borderland Place IDP. But parking at Corn EDC / Shaping aligned with CCC None Market/ Great PTC Programme - part PPMS Dockray of the Borderlands further Deal / match strengthen funding the case for the need for investment Section 106 contributions / Provide an improved pedestrian area 36 Parking Borderland Place whilst increasing the number of CCC Eden Capital costs of improvements EDC / Shaping available parking bays. Any further Local None 3 Years around Lloyds PTC Programme - part £350,000 to development would require public Committee Bank of the Borderlands £450,000 consultation prior to implementation. Deal / match funding Being Developed as part of the EDC’s IDP, in progressed Section 106 order to support the development of the as part of the contributions Local Plan. This would facilitate safer delivery of agreements / £142,000* 54 Reconfigure pedestrian movements, whilst also IDP. But Borderland Place Market Square making the parking offer more effective. EDC / aligned with CCC None Shaping (Part of EDC’s Develop outline designs and PTC *Cost identified PPMS Programme - part LP’s IDP) subsequent detailed designs. Any through IDP further of the Borderlands further development would require scheme costs strengthens Deal / match public consultation prior to the case for funding implementation. the need for investment
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PENRITH PARKING AND MOVEMENT STUDY Page 34 Page PACKAGE 6 – Nuisance Parking (Package Overview) Address issues caused by illegal parking of HGVs in Castletown, such as littering, by more adequately enforcing restrictions; and Issue Addressed Address parking and safety concerns along Wetheriggs Lane. Reduction in noise and littering caused by HGVs around Castletown; Benefits Improved local environment for local residents; and Restrictions on Wetheriggs Lane would provide safety benefits to allow improved traffic flow during the school day. Dis-benefits The intervention may result in a relocation of lorries to other areas of Penrith; and Potential loss of parking space on Wetheriggs Lane for residents. Shortlisted ID29 – Develop a strategy to enforce overnight parking restrictions in Castletown (in and around Gilwilly Lane and Business Park) Interventions ID30 – Implement road safety improvements to reduce parking in the Wetheriggs Lane area.
PACKAGE 6 – Nuisance Parking (Intervention Detail) Potential Delivery Delivery Description Dependencies Funding Cost Range Programme ID Lead Partners Sources An allocation of staff 29 Develop Help address issues caused by illegal resource required parking parking of HGVs in Castletown and the PTC / CCC Parking restrictions in wider area, such as littering, by more Lorry Enforcement / CCC Estimated alternative areas of adequately enforcing restrictions. Need CCC Parking None Eden Local cost to deliver 6 Months Castletown (in to increase the number of patrols and Organisati Committee / match and around ensure violating HGV companies are ons funding externally using third Gilwilly Lane) contacted. party consultant £12,000 to £17,500 30 Identify Reduce the volume of parking around improvements the Wetheriggs Lane area, to improve CCC Eden Local Capital costs of around the the operational safety of the highway. CCC EDC None Committee / match 1 Year Wetheriggs Lane Revisions to the existing orders in line funding £11,000 to £13,500 area with the TRO process.
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PACKAGE 7 – Cycling and Walking Connectivity Improvements (Package Overview) Gaps in the existing walking and cycling network; Issue Addressed Areas of severance around Penrith; and Poor connectivity between the bus and train stations and the town centre, as well as between car parks. Improves accessibility around the town, whilst promoting physical activity for residents and commuters; Reduction in car journeys by transferring trips to active modes will also result in environmental benefits, such as improved air quality and Benefits reduced noise; and Improvements to connectivity between the key car parks across Penrith will make it easier for pedestrians to navigate the tow n. Improvements that take away road space from vehicles, as well as signalised crossings, can result in increased delays, which could increase congestion in Penrith; Dis-benefits Some sections of the network are already constrained for space, so on-carriageway improvements (such as cycle lanes) may increase the risk to cyclists; and Potential of increased conflict between cyclists and motorised road users. ID32 – Create Walking and cycling connectivity improvements ID37 – Improve the underpass at Mallard Close (part of Eden Local Plan’s Infrastructure Delivery Plan (IDP)) ID38 – Provide facilities for pedestrians at side road crossing points in Penrith town centre (part of Eden Local Plan’s Infrastruct ure Delivery Plan (IDP)) ID39 – Create improvements to junctions with Brunswick Square/Watson Terrace and Stricklandgate (part of Eden Local Plan’s Infrastructure Delivery Plan (IDP)) Shortlisted ID40 – Provide facilities for pedestrians at roundabouts along the A592 with Cromwell Road and B5288 Norfolk Road (part of Eden Loca l Interventions Plan’s Infrastructure Delivery Plan (IDP)) ID41 – Create connectivity improvements between the bus station and train station ID45 – Increase cycle storage across the town ID46 – Provide cycle facilities along the eastern side of the A6 past the hospital (part of Eden Local Plan’s Infrastructure Delivery Plan (IDP)) ID47 – Provide cycle infrastructure to the North of the town centre (part of Eden Local Plan’s Infrastructure Delivery Pla n (IDP)) ID52 – Upgrade the Stricklandgate/Portland Place junction (part of Eden Local Plan’s Infrastructure Delivery Plan (IDP)) ID53 – Reconfigure the layout of Corney Place (part of Eden Local Plan’s Infrastructure Development Plan (IDP))
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PENRITH PARKING AND MOVEMENT STUDY Page 36 Page PACKAGE 7 – Cycling and Walking Connectivity Improvements (Intervention Detail) Potential Delivery Delivery Description Dependencies Funding Cost Range Programme ID Lead Partners Sources Improve connectivity for walkers and cyclists between the railway station, the town centre and car parks around Penrith. This complements proposed IDP interventions as it aims to provide 32 Walking and infrastructure in areas which there are Section 106 Cycling future gaps in the network. Additionally, contributions / connectivity the development of this intervention will Borderland Place improvements & Shaping Capital costs of be used as part of the LCWIP for the EDC / 41 Connectivity CCC ID40, ID53 Programme, part of £1,100,000 to 3 Years whole town, set to commence in PTC improvements autumn 2020. the Borderlands £1,400,000 between the bus Deal/ CCC Eden and railway Has an interdependency with ID40 Local Committee / station which is identified as part of EDC’s match funding Local Plan IDP. The design team needs to be aware of the overlap of these improvements to ensure that the first phase of the design does not inhibit further design phases in the future. Allow for better connectivity between Section 106 the east and west of the railway line via contributions / £35,573* Being 37 Improve the an improved underpass. This would Borderland Place progressed Underpass at facilitate active mode trips. Need to CCC PTC None Shaping *Cost identified as part of the Mallard Close develop outline and detailed design, as Programme, part of through IDP scheme delivery of well as carrying out public and the Borderlands costs EDC’ Local stakeholder consultation. Deal Plan IDP. Deliver improved infrastructure for But aligned 38 Provide pedestrians at Pennyhill Park, Foster £41,266* with PPMS Facilities for Street, Robinson street and Lark Lane. further Section 106 pedestrians at These improvements would improve the CCC EDC / strengthens None contributions, public side crossing safety for pedestrians navigating PTC *Cost identified the case for funding/ grants – points in Penrith around these routes. Outline Design through IDP scheme the need for Town Centre was complete in March 2020 – further costs investment development of detailed design is
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required, as well as public and stakeholder consultation.
Deliver an improved layout to the existing Brunswick Square / Watson Section 106 39 Improvements Terrace and Stricklandgate area of contributions / £55,414* to junction with Penrith. Additionally, this intervention Borderland Place Brunswick EDC / facilitates safer movement between car CCC None Shaping Square/ Watson PTC *Cost identified parks around the town. Further Programme, part of Terrace and through IDP scheme developments of designs, as well as the Borderlands Stricklandgate costs carrying out public and stakeholder Deal consultation. The Cromwell Road roundabout arrangement is a significant point of severance for pedestrians and cyclists travelling between the railway station 40 Provide and the town centre/bus station. This Section 106 facilities for intervention would therefore deliver contributions / £20,830* pedestrians at improved accessibility between the rail Borderland Place roundabouts and bus stations, as well as between EDC / CCC None Shaping along the A592 car parking areas in the town centre. PTC *Cost identified Programme, part of with Cromwell This intervention has an through IDP scheme the Borderlands Road and B5288 interdependency with ID32/ID41. The costs Deal Norfolk Road design team needs to be aware of the overlap of these improvements to ensure that the first phase of the design does not inhibit further design phases in the future. Deliver an increase in cycle parking at strategic locations around the town to EDC Internal 45 Increase cycle encourage cycling for people travelling EDC / Budget / Potential Capital costs of storage across to and from the town. The delivery of EDC None 6 Months PTC Match Funding / £10,000 to £14,500 the town this intervention should be considered Private Sector as part of the Penrith LCWIP, which will be progressed as of autumn 2020. Provides a cycle route linking the Section 106 Being 46 Provide cycle £8,679* existing National Cycle Route through contributions / progressed facilities along the centre of the town. Need to develop EDC / Borderland Place as part of the eastern side CCC None *Cost identified
Page 37 Page outline and detailed design, as well as PTC Shaping EDC’s LP of the A6 past carrying out public and stakeholder Programme, part of through IDP scheme IDP But the hospital consultation. the Borderlands costs aligned with
PENRITH PARKING AND MOVEMENT STUDY Page 38 Page Deal / Match PPMS Funding further strengthens the case for the need for investment
47 Provide cycle infrastructure to Not recommended as the intervention is currently on hold as part of the IDP intervention development. the North of the town centre
Section 106 Comprises the removal of on-street contributions / £25,650* 52 Upgrade the parking, aiming to provide additional Being Borderland Place Stricklandgate/P space for pedestrians. This intervention EDC / progressed CCC None Shaping ortland Place has recently been developed to detailed PTC *Cost identified as part of Programme, part of junction design and would require further through IDP scheme EDC’s LP the the Borderlands consultation prior to implementation. costs IDP But Deal aligned with Deliver improved accessibility within the Section 106 PPMS town centre for pedestrians travelling contributions / £28,136* further 53 Reconfigure via Stricklandgate / Portland Place. Borderland Place strengthens EDC / the layout of Outline Design was complete in March CCC None Shaping the case for PTC *Cost identified Corney Place 2020 further development of detailed Programme, part of through IDP scheme the need for design is required, as well as public and the Borderlands costs investment stakeholder consultation. Deal
PENRITH PARKING AND MOVEMENT STUDY
PACKAGE 8 – Travel Demand and Technology Improvements (Package Overview) Cycle safety; Issue Addressed Lack of EV charging infrastructure in Penrith; and Encouraging modal shift to active modes. Improved cyclist safety; Future proofing Penrith for increased uptake of EVs; Benefits Reduction in pollutants through increase in EV uptake; and Increased modal share of walking and cycling. Dis-benefits Additional stress on local electricity demand, which may constrain roll out of large numbers of EV charging bays. ID43 – Raise awareness of sharing road space with cyclists. Shortlisted ID56 – Electric vehicle charging infrastructure strategy. Interventions ID63 – Travel demand management measures
PACKAGE 8 – Travel Demand and Technology Improvements (Intervention Detail) Potential Delivery Delivery Description Dependencies Funding Cost Range Programme ID Lead Partners Sources Section 106 Deliver improved safety for cyclists 43 Raise contributions / along key routes into, and through, awareness of Borderland Place Penrith. As part of local or national EDC and Capital costs of sharing road CCC None Shaping 6 Months advertising campaigns, implement a PTC £25,000 to £36,000 space with Programme, part campaign to raise awareness of cyclists of the Borderlands cyclists. Deal Increase the infrastructure provision of electric vehicle charging points for 56 Electric EDC Budgets/ residents, businesses and visitors in vehicle charging CCC and Uptake in electric Workplace Capital costs of Penrith. As part of the strategy, EDC 6 Months infrastructure PTC cars Charging £20,000 to £28,800 strategic opportunities to implement EV strategy Intervention grant charging points would be identified to future proof Penrith. Page 39 Page
PENRITH PARKING AND MOVEMENT STUDY Page 40 Page Changing people’s behaviour by reducing the number of single Scope not Central 63 Travel occupancy car trips that are made by defined - Government High level strategy– demand residents, employees and visitors within CCC and typical EDC None Active Travel not costed at this management Penrith. EDC are required to undertake PTC programmes Funds / match stage measures a best practice review and identify run for one to funding measures which would benefit Penrith two years the most.
PENRITH PARKING AND MOVEMENT STUDY
6. Next steps for delivery Interdependencies The PPMS presents a coherent and comprehensive package of There are a number of interdependencies between the packages interventions which are aimed at improving parking and active travel and these are presented in Figure 3 below. within Penrith. The interventions have been developed in cooperation with the partner organisations – CCC, EDC and PTC. The delivery of the interventions is subject to funding being secured. Although no funding is currently in place to deliver the improvements, the PPMS presents an evidence base to support the delivery leads in securing funding from internal and external sources. Potential funding types include: S106 Contributions; Borderland Place Shaping Programme – part of the Borderlands Deal; Central Government Grants (such as Access Fund or Workplace Charging Intervention grant); Matched Funding – financial support from multiple organisations to deliver an intervention that provides benefits to all contributors; Eden District Council Budgets; Penrith Town Council Budget; CCC Eden Local Committee Budgets; Workplace Charging Intervention grant; Private Sector Investment – through private companies constructing car parks / car parking charging systems in order to make profit.
The PPMS provides interventions developed to concept design stage. Further development will be required before they are
Page 41 Page delivered. This will include the need for stakeholder and public engagement.
PENRITH PARKING AND MOVEMENT STUDY Page 42 Page Figure 3 Interdependent and Complimentary Package Matrix PACKAGE INTERDEPENDENCIES MATRIX Package 1 Package 2 Package 3 Package 4 Package 5 Package 6 Package 7 Package 8 Cycling and Travel Demand Additional Long Stay On-street Penrith Town Town Centre Nuisance Walking and Parking Parking in Parking Centre Parking Parking Connectivity Technology Capacity Penrith (Residential) Improvements Improvements Improvements Package 1 Additional Parking Capacity Package 2 Long Stay Parking in Penrith
Package 3
Town Centre Parking
Package 4 On-street Parking (Residential) Package 5 Penrith Town Centre Improvements
Package 6
Nuisance Parking
Package 7 Cycling and Walking
Connectivity Improvements Package 8 Travel Demand and
Technology Improvements Package is Package has strongly Key few direct Interdepend synergies ent
PENRITH PARKING AND MOVEMENT STUDY
Given the interdependencies, it will be critical that the PPMS The packages have been developed to understand their funding partners s work together to ensure that the interventions are impacts, including benefits and dis-benefits. prioritised, designed in a coherent manners and ensure that the An outline delivery programme and an indicative cost estimate benefits, are achieved in a logical way. ranges have been developed for each intervention. Implementation Group Interdependencies have been highlighted to demonstrate the To ensure momentum and to support the delivery of the importance of working collaboratively across packages to interventions identified in the packages of improvements, an achieve greater benefits. Implementation Group will be established to co-ordinate and The next steps for delivery have been set out, including monitor progress. The Implementation Group will co-ordinate identifying the delivery leads to take each intervention forward. requests for funding (and seek the relevant approvals) to secure the The co-ordination of delivering the package of improvements delivery of the interventions identified in the packages of will be overseen by the Implementation Group. improvements. Updates on progress of the delivery of the interventions identified in the packages of improvements will be It is envisaged that a Local Cycling and Walking Infrastructure reported through the partner organisations’ committee structures Plan (LCWIP) will be developed for Penrith. This will build on when appropriate. the work undertaken as part of the PPMS (specifically, in 7. Summary Package 7), and provide a more coherent plan for active mode infrastructure in the town as a whole. The PPMS has presented the evidence base for a comprehensive package of interventions to improve parking and movement within Penrith. An extensive range of relevant stakeholders were engaged to identify issues and opportunities within the town. 39 interventions were shortlisted, and 34 are recommended as part of the PPMS. These interventions were grouped into eight thematic packages. The PPMS aligns interventions being progressed as part of EDC’s LP the IDP. Their inclusion highlights their alignment with the objectives of the PPMS and a need for funding to be secured, and ensure that a holistic approach is taken in
Page 43 Page developing active mode and parking infrastructure within the town.
PENRITH PARKING AND MOVEMENT STUDY Page 44 Page
Amber Court William Armstrong Drive Newcastle upon Tyne NE4 7YQ
wsp.com
Agenda Item 7
Report No: G37/20 Eden District Council Executive 15 September 2020 Nomination as an Asset of Community Value – Watermillock Village Hall Portfolio: Resources Report from: Assistant Director Governance (Monitoring Officer) Wards: Ullswater OPEN PUBLIC ITEM 1 Purpose 1.1 To consider the nomination of Watermillock Village Hall as an Asset of Community Value under the Localism Act 2011 2 Recommendation It is recommended that the nomination of Watermillock Village Hall as an asset of community value be accepted and added to the list of land in the Council’s area which is of community value. 3 Report Details 3.1 A nomination has been received from Watermillock Village Hall Charitable Incorporated Organisation to list Watermillock Village Hall as an asset of community value. The application is dated 25 March 2020 and was received by the Council on 27 March 2020. A copy of the nomination form and plan are attached at Appendix A of this report. 3.2 Watermillock Village Hall Charitable Incorporated Organisation were asked to provide additional information in relation to its nomination and this is the first available meeting of the Executive to which the nomination could be presented. 3.3 The nominated land is Watermillock Village Hall and is described as being the building and car park. A copy of the plan to which the nomination refers is attached at Appendix A. 3.4 Under the Localism Act 2011 [“the Act”] and The Assets of Community Value (England) Regulations 2012 made thereunder the Council has a duty to maintain a list of land in its area which is of community value, and also a list of unsuccessful nominations of such land. There is a summary of the statutory provisions setting out the procedure and criteria for the nomination of land appended to this report as Appendix B. 3.5 The Act goes further to state that a nomination must include certain information in order to be considered by the local authority. The nomination must include a description of the land, names of occupiers and owners of the
Page 45 land, the nominator’s reasons for thinking that the land is of community value and evidence that the nominator is eligible to make a nomination. 3.6 The nomination of land as an asset of community value can be made by numerous different parties. In this case it has been made by Watermillock Village Hall Charitable Incorporated Organisation. The application is valid for the purposes of this nomination and thus the Council must consider the application. 3.7 Land which is of ‘community value’ is defined in section 88 of the Act. Briefly, its principal use must, in the Council’s opinion, ‘further the social wellbeing or social interests of the local community’ and ‘it must be realistic to think’ that such a use ‘can continue’ in the future. 3.8 Under the Act ‘Social interests’ can include cultural interests, recreational interests or sporting interests. 3.9 Watermillock Village Hall Charitable Incorporated Organisation sets out the reasons why they believe that the nominated land should be viewed as being of community value. The full statement is set out in the nomination form in Appendix A. The statement sets out that the land is a meeting and activity place for local groups and is used by the community for various activities 3.10 It is clear that the nominated land is used for recreational purposes. The nominated land furthers the social interests of the community, therefore it is of community value. It is considered that the nomination should be accepted. 4 Policy Framework 4.1 The Council has four corporate priorities which are: • Sustainable; • Healthy, safe and secure; • Connected; and • Creative 5 Consultation 5.1 Consultation has been conducted in accordance with the statutory requirements of the Localism Act 2011. 5.2 The local ward member has been notified of the nomination and any comments which are received will be reported to the Executive at the meeting. 6 Implications 6.1 Financial and Resources 6.1.1 Any decision to reduce or increase resources or alternatively increase income must be made within the context of the Council’s stated priorities, as set out in its Council Plan 2019-2023 as agreed at Council on 7 November 2019. There are no proposals in this report that would reduce or increase resources. 6.2 Legal 6.2.1 The legislation provides an appeal mechanism for owners whose land is listed to a First Tier Tribunal, but contains no separate provision for disappointed applicants or nominating groups. However interested parties could seek
Page 46 permission for a judicial review by the High Court of the Council’s decision on various grounds, such as illegality, irrationality or procedural impropriety. 6.2.2 The Regulations provide that an owner or former owner of listed land is entitled to compensation from the Council if, at a time when the person was the owner of the land and the land was listed, they did incur loss or expense which would likely not have been incurred if the land had not been listed. This situation may potentially arise if the nominated land were to be sold and the value of the land was affected by the moratorium period. It is the owner’s responsibility to provide evidence of the extra costs incurred and must be made within 13 weeks of the costs being incurred. 6.2.3 The DCLG Community Right to Bid Guidance (October 2012) states that the government will meet the cost of compensation payments of over £20,000 in a financial year. This could occur through a local authority paying out over £20,000 in one financial year either on one large claim or as a combined total on a number of smaller claims. The Council would have to write to the Community Assets Team at the Ministry of Housing, Communities and Local Government with a request for financial support providing evidence of the compensation costs incurred. 6.2.4 The Council is required to determine the nomination within eight weeks of receipt. This nomination should be determined on or before 22 May 2019. Whilst it is acknowledged that this report will be presented to the Executive after the determination date, the application requires to be determined. 6.3 Human Resources 6.3.1 There are no Human Resources implications arising out of the proposal. 6.4 Statutory Considerations Consideration: Details of any implications and proposed measures to address: Equality and Diversity There are not considered to be any equality or diversity implications relevant to the subject matter and the Council’s responsibilities nor are there any rurality implications Health, Social The report takes into account the social interests Environmental and and wellbeing of the community. There are not Economic Impact considered to be any adverse impacts under this heading. Crime and Disorder The Council is aware that adequate amenity provision and the social interests and wellbeing of the community are all matters that are likely to help reduce crime and disorder. Children and The Council is aware that adequate amenity Safeguarding provision and the social interests and wellbeing of the community are all matters that are likely to help promote the welfare of children.
Page 47 6.5 Risk Management Risk Consequence Controls Required Members’ attention has Legal challenge and The Council cannot be been drawn above in compensation claims sure of the likelihood of paragraphs 6.2 and any such challenge, Appendix B to the risk which will depend of its decision being partly on the resources challenged. available to those aggrieved. Legal and financial risks are closely linked, as is any impact on the Council’s reputation. They are largely dictated by the provisions of the legislation and the Council’s duties as explained. Compensation claims potential is explained at paragraph 6.2.3 above. Regardless of the risks the Council must proceed to make a decision in accordance with its statutory duty. 7 Other Options Considered 7.1 None as the statutory criteria are considered to be met. The Council has a statutory duty to make a decision on the nomination. 8 Reasons for the Decision/Recommendation 8.1 To carry out the Council’s statutory duty as the determining authority under the provisions of the Localism Act 2011. 8.2 To carry out the Council’s duties in conserving the local environment and protecting the wellbeing of the local community of all ages. Background Papers: Appendices: Appendix A - Nomination Form and plan Appendix B - Statement of Statutory Provisions Contact Officer: Assistant Director Governance (Monitoring Officer)
Page 48 Appendix A
Page 49 Page 50 Page 51 Further information provided by Mr D L Brown - 22 June 2020
The Hall is used by the community for various activities (or was till Covid effectively closed it). Currently there are art classes, bridge group, pilates, yoga, Parish Council, a harp group, W I, and a Pantomime group who have been regular users. Film nights and other events are organized from time to time for local participation.
Page 52 Appendix B
Eden District Council
Assets of Community Value
A Summary of the Statutory Provisions Procedure to Nominate Land
1. Introduction 1.1 Under the Localism Act, the Council has to maintain a list of land in its area that is of community value. The obligation arises under Section 87 of the Localism Act. It is for the Council to decide the form and content of its list of assets of community value, subject to whatever regulations the Secretary of State may make.
2. Land of Community Value 2.1 A building or other land in the Council’s area is land of community value if in the authority’s opinion:
a) an actual or current use of the building or other land furthers the social wellbeing or social interests of the local community; and b) it is realistic to think that there can continue to be non-ancillary use of the building or other land which will further (whether or not in the same way) the social wellbeing or social interests of the local community.
3. The Procedure for including Land in a List 3.1 Land in the Council’s area which is of community value may be included in the list only: a) in response to a community nomination; or b) were permitted by regulations made by the Secretary of State. 3.2 A community nomination means one which nominates the land in the area for inclusion in the list of assets and is made by a Parish Council or by a person that is a voluntary or community body with a local connection. 3.3 Regulations may enable a nomination to be made by someone in circumstances other than where it is a community nomination. 3.4 Upon the community nomination being made it must be considered. The Council must accept the nomination if the land is in the Council’s area and of community value. If the Council is required to accept the nomination, the authority must cause the land to be included in the list of assets. If the nomination is unsuccessful the Council must give to the person who made the nomination the authority’s written reasons for its decision that the land could be included in the list.
Page 53 4. Notice of Inclusion 4.1 The Council must give a written notice of the inclusion or removal of land in its list of assets of community value to: a) the owner of the land; b) the occupier of the land if he is not the owner; c) if the land was included in the list in response to a community nomination, the person who made the nomination; and d) any person who is so specified in the regulations. 4.2 If appropriate where it is not reasonably practicable to give a notice, the Council may instead take reasonable alternative steps to bring the notice to the person’s attention.
5. Review of a Decision 5.1 The owner of the land included within the authority’s list of assets of community value may ask the authority to review the decision. The Council must notify the person concerned of the decision and the reasons for the decision on any review. The Council may remove the land and if it does so, must give notice to the body which made any community nomination.
6. List of Unsuccessful Community Nominations 6.1 The Council must maintain a list of land in its area that has been nominated by unsuccessful community nominations. This list is to be known as the list of land nominated by unsuccessful community nominations.
7. Publication 7.1 The Council must publish its list of assets of community value and the list of any land nominated by unsuccessful community nominations. The list must be available for inspection. The Council must provide a free copy of its list of assets to any person who asks for it.
8. Moratorium 8.1 The person who is the owner of land which is included within the authority’s list of assets of community value must not enter into a relevant disposal of the land unless certain conditions are met. The conditions are: a) The particular person has notified the Council in writing of that person’s wish to enter into relevant disposal of the land; b) Either the interim moratorium period has ended without the Council having received from any Community Interest Group a written request for the Group to be treated as a potential bidder for the land or the full moratorium period has ended; or c) That the protected period has not ended.
Page 54 8.2 There are exclusions from the moratorium where a disposal is by way of gift or in relation to a disposal by will or intestacy, amongst others. 8.3 The full moratorium period means six months beginning with the date upon which the Council receives notification under Condition 8.1 a. 8.4 The interim moratorium period means six weeks beginning with the date upon which the Council receives notification under Condition 8.1 a. 8.5 The protected period means the period of eighteen months beginning with the date upon which the Council receives notification in relation to the disposal under Condition 8.1 a. 8.6 The meaning of the term “relevant disposal” is defined in the Act: Section 96 and includes the disposal of the freehold estate or the grant of a qualifying leasehold estate. The effect of the moratorium is that the community has to make an initial expression of interest in six months and the owner cannot sell to anyone else for six months if it does. 8.7 The effect of listing is to prevent a sale until there has been an adequate period to submit a bid should the owner wish to sell. 8.8 The Council’s list of assets must reveal that the notice has been received and indicate the date upon which the notice was received and the moratorium periods which are applicable. 8.9 If the Council receives from a Community Interest Group a written request to be treated as a potential bidder, the Council must pass that notification onto the owner or inform the owner of the details of the request. This obligation arises if the notice is received before the end of the interim moratorium period. 8.10 The Localism Act enables the Secretary of State to make regulations providing for the payment of compensation.
9. Local Land Charge 9.1 If land is included within the list of assets of community value, it should be included in the local land charges register. The Secretary of State may make regulations providing for enforcement and do anything to give advice and assistance in relation to land of community value. The Council has a duty to co-operate with other local authorities if different parts of any land are in different local authority areas. The District Council is the appropriate local authority for the purposes of the application of these provisions. A Parish Council is not a local authority for this purpose. A County Council is only a local authority for this purpose where there is no District Council in the area concerned.
10. The Regulations 10.1 The Secretary of State has made the Assets of Community Value (England) Regulations 2012. The Regulations came into force on 21 September 2012, the day after they were made. The Regulations identify land which is not of community value. The following are not land which is of community value and therefore may not be listed:
Page 55 A residence together with any land connected with that residence, however, land which is a residence falls within the exclusion may be listed if the residences of a building that is partly used as a residence and but for that residential use of the building the land would be eligible for listing. Land on which a site license is required under the Caravan Sites and Control of Development Act cannot be listed. Operational land as defined in Section 263 of the Town & Country Planning Act 1990 cannot be listed. Operational land is that which belongs to a statutory undertaker. 10.2 The Regulations define what is meant by “a local connection”. The activities that the body concerned must be wholly or partly connected with the Council’s area and there may be a requirement for it to have at least twenty-one local members if it is a Neighbourhood Forum. A voluntary or community body means: a Neighbourhood Forum Parish Council a non incorporated body with at least twenty-one individuals who are members and which does not distribute any surplus to its members a charity a company limited by guarantee which does not distribute any surplus to its members an industrial and providence society which similarly does not distribute any surplus; and a community interest company.
11. Content of a Community Nomination 11.1 A community nomination must include: A description of the nominated land including its proposed boundaries; A statement of all the information which the nominator has with regard to the current occupants and the owner; The nominator’s reasons for thinking that the Council should conclude the land is of community value and the evidence that the nominator is able to make the community nomination. 11.2 The Council has a period of eight weeks to respond to the nomination. The Council must notify a Parish Council, the owner of the land and any occupant that a nomination is under consideration.
12. Compensation 12.1 An owner is entitled to compensation from the Council of such amount as the Council may determine in the following circumstances:
Page 56 12.2 That the person making the claim has at the time when the person was the owner of the land the land was listed incurred loss or expense in relation to the land which would be likely not to have been incurred if the land had not been listed. 12.3 The regulations identify that a claim arising from any period of delay in entering into a binding agreement to sell the land which is wholly caused by the prohibition upon the disposal and a claim for reasonable legal expenses incurred in any successful appeal against the Council’s decision are claims which may be made. 12.4 A claim for compensation must be made in writing to the Council and before the end of the period of thirteen weeks after the loss or expense was incurred. The claim must state the amount of compensation which is being sought and be supported by evidence. The Council must give the claimant written reasons for its decision in relation to any request for compensation. 12.5 The regulations identify that a body which has its accounts audited under Section 2 of the Audit Commission Act 1998, a department or body to which Section 6 of the National Audit Act 1983 applies and a body which has its resources examinable under Section 7 of the 1983 Act may not claim compensation. 12.6 A person who makes a claim for compensation may ask the Council to review its decisions in relation to compensation, a written for a decision must be given. An appeal may be made to a first tier tribunal against any decision of the Council on any review. 12.7 The Council must notify the owners and mortgagees of any listed land as soon as practicable after the land is entered on the register. 12.8 The regulations set out a procedure for a listing and a compensation review and identified relevant disposals to which the Act does not apply. There are fifteen such examples.
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