Various Streets, Nettlestone and Seaview) (Traffic Regulation) Order No 1 2010 – Paper B

13/11 DECISION UNDER DELEGATED POWERS DECISION CANNOT BE TAKEN BEFORE TUESDAY, 5 APRIL 2011 Title OBJECTIONS TO THE ISLE OF WIGHT COUNCIL (VARIOUS STREETS, NETTLESTONE AND SEAVIEW) (TRAFFIC REGULATION) ORDER NO 1 2010 – PAPER B Report Author REPORT TO THE LEADER OF THE ISLE OF WIGHT COUNCIL AND CABINET MEMBER FOR FINANCE, GOVERNANCE AND SCHOOL IMPROVEMENT. PURPOSE 1. To approve The Isle of Wight Council (Various Streets, Nettlestone and Seaview) (Traffic Regulation) Order No 1 2010, in light of the objections received to amend the parking restrictions in Church Street, Steyne Road and Madeira Road, Nettlestone and Seaview. OUTCOMES 2. Alterations to the parking restrictions in the above roads in order to create a safer road network. BACKGROUND 3. A number of amendments to the parking restrictions in Nettlestone and Seaview were advertised during March and April 2010 after consultation with the police, local council and local councillors. 4. Cllr Giles declared a personal and prejudicial interest in the Nettlestone and Seaview traffic order in relation to Church Street, Madeira Road and Steyne Road. It has been agreed that Cllr David Pugh (Leader of the Isle of Wight Council) makes the final delegated decision for these roads. 5. Therefore this cabinet report is titled Paper B and includes; Church Street, Madeira Road and Steyne Road. An additional report titled Paper A will address representations received in respect of proposals in Springvale Road and Nettlestone Hill. STRATEGIC CONTEXT 6. The recommended orders will contribute to the delivery of the Isle of Wight’s current Sustainable Community Strategy particularly priorities : 1 • 2 - create wealth and reduce our carbon footprint at the same time and • 6 - Improve health, emotional wellbeing and life expectancy across the Island - to reduce the number of people killed or seriously injured in road accidents by 40% by the year 2010 - to cut the number of short car journeys. 7. The council’s Corporate Plan (2009-2013) identifies seven key priorities for delivery over the plan period. One of these priorities focuses on roads and the development and delivery of a Highway’s Private Finance Initiative (PFI). The 25 year Highway PFI will not only improve the condition of the Island’s highway network but also have wider benefits for the public realm, local economy and wider community. CONSULTATION 8. Consultation has been undertaken in accordance with the Road Traffic Regulation Act 1984, as amended, and the Local Authorities Traffic Orders (Procedure) (England & Wales) Regulations 1996. 9. A public notice outlining the draft proposals, and inviting public comment was advertised in the Isle of Wight County press on 19 March 2010 and notices displayed on-street, and on the Council’s web site for a period of 28 days; the closing date for representations was 16 April 2010. 10. A further copy of the draft proposals was held at County Hall reception so that members of the public could view the full details of the proposals. The proposals have also been circulated to all statutory consultees, including: • Local Isle of Wight councillors • Nettlestone and Seaview parish council • Ambulance control • Parking services • Bartlett's garage • Navteq • Chamber of commerce • EXEL • Fire • Fire and rescue • Freight transport association • IW taxi association • County transport • Public transport officer • Post Office • RAC • Ramblers association • Road haulage • Southern Co-op stores • Southern gas networks • Southern Vectis omnibus company 2 11. Two representations have been received from Nettlestone & Seaview Parish Council. The first dated 22 December 2009, confirming the council’s support for all of the proposed parking restrictions, whilst expressing concern about the loss of space immediately outside the entrance gates to St Peter’s Church in Church Street, and the second dated 17 February 2010 confirming the resolution taken at the parish council meeting that “further parking restrictions in Madeira Road, Seaview would have a serious effect on ease of access to local small businesses, resulting in a negative effect on their trade, and the parish council is therefore against the proposed loss of on street parking spaces”. 12. A further 28 letters of objections have been received and a petition containing 295 signatories, titled “Petition against double yellow lines, proposed bus route through Seaview village and lack of bus service along the Duver and into the village”, 13. One letter of support for the proposed restrictions has also been received. 14. The local Isle of Wight councillor, Reg Barry has confirmed his support for the proposed restrictions in Church Street, Steyne Road and Madeira Road. FINANCIAL/BUDGET IMPLICATIONS 15. The costs associated with the introduction of the proposed order have been identified, and are to be covered as part of the highways capital allocation for Island wide minor traffic management schemes. LEGAL IMPLICATIONS 16. The relevant powers are contained in the Road Traffic Regulation Act 1984, as amended. The procedure for introducing Traffic Regulation Orders is set out in the Local Authorities Traffic Orders (Procedure) (England & Wales) Regulations 1996. 17. By virtue of s1 Road Traffic Act 1984, it is the duty of every local authority to secure the flow and safe movement of all traffic (including pedestrians) and the provision of suitable and adequate parking facilities on and off the highway. The local authority must have regard to s122 of the Road Traffic Act 1984 when deciding whether it is expedient to make an order. In doing so the local authority must at least consider the desirability of securing and maintaining reasonable access to premises, the effect on the amenities of any locality affected and, the importance of facilitating the passage of public service, so as to preserve or improve the amenities of the areas through which the roads run, and any other matters appearing to be relevant. 18. The restriction proposed by these orders should be reasonable and should not go further than necessary to deal with the highway problems identified. The local authority are required to undertake a balancing exercise between the need to provide suitable and adequate parking facilities against the harm that may occur in highway safety terms of not making the orders. 19. The local authority must consider any objection that has not been withdrawn taking into account relevant representations, as above, when making the decision. This is considered in the risk and evaluation below. 3 20. It is recognised that restrictions on road users may represent an interference with an individuals human rights under Article 8 (right to respect for private and family life) and Article 1 of the first protocol (peaceful enjoyment of property) of the European Convention on Human Rights. Any such interference is considered necessary and proportionate due to positive enhancement of road safety for other users in the area. EQUALITY AND DIVERSITY 21. Following advertisement of all traffic orders which are subject to 28 days consultation, members of the public are entitled to raise any representations within that period. 22. The service has to undertaken an equality impact assessment. The purpose of which is to identify any impact on the local community and ensure access to services and remove any identified barriers to that access. An equality impact assessment has been undertaken to ensure that all those who use any nearby facilities to the proposed traffic regulation orders, including visitors, are taken into account for any possible disadvantages. 23. The TRO for the Nettlestone and Seaview has been assessed and there are no findings that any of the equality and diversity areas will be affected. OPTIONS 24. a) Not to approve Part B - The Isle of Wight Council (Various Streets, Nettlestone and Seaview) (Traffic Regulation) Order No 1 2010 for Church Street, Steyne Road and Madeira Road. b) To approve Part B - The Isle of Wight Council (Various Streets, Nettlestone and Seaview) (Traffic Regulation) Order No 1 2010 for Church Street, Steyne Road and Madeira Road. c) To approve Part B - The Isle of Wight Council (Various Streets, Nettlestone and Seaview) (Traffic Regulation) Order No 1 2010 with amendment for Church Street, Steyne Road and Madeira Road. RISK MANAGEMENT 25. Should the proposed changes to the existing parking restrictions not be introduced, this would have the potential to increase the probability of personal injury collisions, which on average cost the local community £89,820 per incident (Department for Transport ‘Highways Economics Note No 1 2005 – Valuation of the Benefits of Prevention of Road Accidents and Casualties Issue Date January 2007). This would also affect the Isle of Wight Council’s ability to achieve its current targets for casualty reduction. 4 EVALUATION 26. Church Street and Madeira Road, Nettlestone and Seaview To revoke ‘Limited waiting 2 hours no return within 2 hours Monday to Saturday 8am to 6pm’ in the following lengths of road: Church Street, on the north-west side, from a point 3.5 metres north-east to a point 11.5 metres south-west of its junction with Madeira Road To introduce ‘No waiting at any time’ in the following length of road; Church Street, on the north-west side, from a point 3.5 metres north-east to a point 11.5 metres south-west of its junction with Madeira Road Madeira Road, on the south side, from a point 7.5 metres east to a point 33 metres east of its junction with Church Street 27. If implemented, eight metres of the limited waiting bays will be removed from the west side of Church Street and replaced with a double yellow line parking restriction and 25.5m of double yellow lines will be painted on the south side of Madeira Road from the a point 7.5 metres, to a point 33 metres east of the junction of Church Street.

Load more