EEC/10/84/HQ Highways and Traffic Orders Committee 15 April 2010

Traffic Regulation Order: Various Bus Lane and Parking Restrictions

Report of the Area Engineer (East)

Please note that the following recommendations are subject to consideration and

determination by the Committee before taking effect.

Recommendation: It is recommended that: (a) the County Council (Fore Street Area, Heavitree, Exeter) (Control of Waiting and Loading) Order and (Fore Street, Heavitree, Exeter) (Bus Lane) Order be made and sealed with the amendments detailed in section 4 of the report; (b) the Devon County Council (Pinhoe Road, Exeter) (Control of Waiting and Parking) Amendment Order and the Devon County Council (Pinhoe Road, Exeter) (Bus Lane) Order be made and sealed as advertised; (c) the Devon County Council (Various Streets, Exeter) (Control of Waiting and Loading) Amendment Order be made and sealed with the amendments detailed in section 4 of the report.

1. Summary

This report outlines the intended purpose of proposed traffic orders on various bus lanes within Exeter and the results of a consultation on those proposals.

2. Introduction

Since the introduction of Civil Parking Enforcement in May 2008, bus lane enforcement has been limited due to the lack of police resources. At present Civil Enforcement Officers (CEO’s) cannot enforce these bus lanes. CEO’s are able to enforce offences relating to parking restrictions.

3. Proposal

The intention of the proposals is to introduce no waiting and no loading restrictions that will apply during the times of the bus lane. This will allow CEO’s to issue penalty charge notices to stationary vehicles in a bus lane. The intention is not to make a material change to the restrictions currently in place, only to allow CEO’s to enforce those vehicles stopping within the Bus Lanes.

The detail of the proposals for each of the bus lanes, within this scheme, is contained within Appendix I.

Additional waiting restrictions were advertised in conjunction with these proposals in Church Terrace, Pinhoe Road and Whipton Lane but as no objections were received relating to these changes they have not been included in this report.

4. Representations

Following approval from all the relevant local county councillors, the proposed Traffic Regulation Orders were formally advertised in January 2010. Through this process a number of objections and comments were received relating to the proposals. A summary of these along with proposed comments are provided in Appendices II to IV.

Details of the responses and appropriate changes to the advertised proposals are given below.

Correspondence has been received from the Campaign for Better Transport in support of all the proposals.

Fore Street, Heavitree

Objections were received from local residents and a business regarding the proposed extension of times to the morning peak and the introduction of an evening peak bus lane.

Many of the comments relate to concerns regarding safety. These proposals do not require changes to the road layout that has previously been considered when the bus lane was introduced and reviewed again in 2004.

Concern was also expressed about the reduction in parking for shoppers. It is therefore recommended that the evening peak bus lane be amended to start at 4pm and the associated waiting, loading and parking restrictions be amended to suit.

Heavitree Road Bus Lanes (inbound and outbound)

Objections were received from local residents that the prohibition of loading at all times would not be viable to the residents and businesses that front the bus lane. It is noted that the traffic regulation order for the bus lane does permit vehicles to enter the bus lane to load and unload provided that it cannot be done from any other location.

Following a site meeting with the local members and residents on 3 March 2010 it is proposed that loading be prohibited only during the peak hours to ensure the bus lane is kept clear when traffic congestion is highest.

It is recommended that the No Loading at Any Time be relaxed to No Loading 7am-9.30am and 4pm-7pm within both bus lanes.

Honiton Road

No objections received.

Pinhoe Road (both sections – Honeylands & Wykes Road)

No objections received.

Preston Street

One comment received requesting an access protection marking to protect access.

Topsham Road Bus Lane (outbound)

One objection has been received from one local resident that the restriction on loading at all times would prevent them loading as their property has no off-street access.

It is recommended that the No Loading at Any Time be relaxed to No Loading 7am-9.30am and 4pm-7pm within the outbound bus lane.

Topsham Road Bus Lane (inbound)

No objections received.

5. Financial Considerations

This scheme is being funded from the Local Transport Plan allocation for Bus Priority Schemes with an estimated cost of £15,000.

9. Legal Considerations

Should Members not proceed with the recommendations to relax the advertised loading restrictions and bus lane then the council must call a public inquiry.

10. Risk Management Considerations

Should Members not proceed with the recommendations to relax the advertised loading restrictions and bus lane then the council must call a public inquiry.

11. Options

Options considered are:

• to call a public inquiry to progress the proposed orders as advertised. • to make and seal the proposed orders with the relaxations detailed in section 4.

12. Reason for Recommendations

The proposals in this report represent a compromise, balancing the need for improving bus journey times and reliability, as required to meet the congestion strategy, with the needs of local residents.

Tony Matthews

Electoral Divisions: Newtown & Polsloe, Heavitree & Whipton Barton, St David’s & St James’, Priory & St Leonards, Pinhoe & Mincinglake; and Topsham & St Loyes

Local Government Act 1972: List of Background Papers

Contact for enquiries: Dave Malpas

Room No. Little Moor House

Tel No: (01392) 385080

Background Paper Date File Ref 1 Report EEC/08/96/HQ 17 April 2008 2 Report EEC/07/162/HQ 14 June 2007 3 Report ED/04/51/LSO 16 September 2004

dm250310eha sc/bus lane parking restrictions 3 hq 070410 Appendix I To EEC/10/84/HQ

Existing Arrangement Proposed Arrangement

Fore Street, Heavitree Bus Lane: 8am-9.30am Mon-Fri 7am-9.30am & 3pm-6.30pm Mon-Fri*

Waiting Restrictions: No Waiting at Any Time No Waiting at Any Time No Loading 8am-9.30am Mon-Fri No Loading 7am-9.30am & 3pm-6.30pm Mon-Fri*

OR OR

Limited Waiting 9.30am-6pm Mon-Fri Limited Waiting 9.30am-3pm Mon-Fri* 9am-6pm Sat 9am-6pm Sat No Waiting 7am-9.30am & 3pm-6.30pm Mon-Fri* No Loading 7am-9.30am & 3pm-6.30pm Mon-Fri*

OR OR

Loading Bay at all times except Loading Bay at all times except 8am-9.15am Mon-Fri 7am-9.30am & 3pm-6.30pm Mon-Fri* No Waiting 7am-9.30am & 3pm-6.30pm Mon-Fri* No Loading 7am-9.30am & 3pm-6.30pm Mon-Fri* Heavitree Road (Inbound) Bus Lane: 24/7 No change

Waiting Restrictions: No Waiting at Any Time No Waiting at Any Time No Loading 8am-915pm & 4.45pm- No Loading at Any Time* 6pm Heavitree Road (Outbound) Bus Lane: 24/7 No change

Waiting Restrictions: No Waiting at Any Time No Waiting at Any Time No Loading at Any Time* Road Bus Lane: 8am-9.15am Mon-Fri No change

Waiting Restrictions: No Waiting 4pm-7pm No Waiting 8am-9.15am & 4pm-7pm No Loading 8am-9.15am & 4pm-7pm Existing Arrangement Proposed Arrangement

Pinhoe Road (Honeylands Section) Bus Lane: 8am-9.30am Mon-Fri Formalise the extension.

Waiting Restrictions: None No Waiting 8am-9.30am No Loading 8am-9.30am Pinhoe Road (Wykes Road Section) Bus Lane: 8am-9.30am Mon-Fri No change

Waiting Restrictions: None No Waiting 8am-9.30am No Loading 8am-9.30am Preston Street Bus Lane: 24/7 No change

Waiting Restrictions: No Waiting 8am-6pm Mon-Sat No Waiting at Any Time No Loading at Any Time Topsham Road (Inbound) Bus Lane: 24/7 No change

Waiting Restrictions: No Waiting at Any Time No Waiting at Any Time No Loading at Any Time* Topsham Road (Outbound) Bus Lane: 24/7 No change

Waiting Restrictions: No Waiting at Any Time No Waiting at Any Time No Loading at Any Time * See section 4 of the report. Appendix II To EEC/10/84/HQ

Devon County Council (Fore Street, Heavitree, Exeter) (Bus Lane) Order & Devon County Council (Fore Street, Heavitree, Exeter) (Control of Waiting and Parking) Amendment Order

Fore Street, Heavitree Bus Lane

Summary of vehicles allowed to enter the bus lane: (a) buses (b) taxis/private hire vehicles displaying approved bus lane user signs (c) cycles (d) vehicles required for the removal of any obstruction to traffic (e) emergency service vehicles (f) utilities (g) access to off-street parking or garages (h) a vehicle displaying a blue badge that is picking up or dropping off a disabled passenger

Objections/Observations/Requests/Comments Devon and Cornwall Police Authority • No comments received. • Noted

First respondent: Business - Fore Street, Heavitree, Exeter • Objection. • Proposals will restrict loading time for • The implementation of bus priority respondents’ delivery vehicles. Vehicles measures is a key element of will need to be loaded before 7am. developing sustainable transport alternatives to use of the car, and is included in the agreed Congestion Action Plan for Exeter. Studies have shown that buses are delayed throughout the day in Fore Street. • The times have been proposed to improve bus reliability during the peak hours when congestion along the route is highest. • Loss of two hours trading time in the • Noted. It is proposed to relax the afternoon as shoppers will go elsewhere if evening restriction to start at 4pm they perceive parking is a problem. instead to provide some additional provision for on-street shopper parking.

Second respondent: Resident - Fore Street, Heavitree, Exeter • Objection. • No alternative rear access. • Noted. • Bus lane not used as much in the • Studies have shown that inbound afternoon rush hour as much of the traffic buses are delayed in the evening. is flowing in the opposite direction. • A traffic count on Fore Street shows that there are approximately 500 more vehicles travel inbound during the evening peak, compared to those travelling outbound. • Concerned about the safety of • This proposal does not require pedestrians due to the narrow bus lane changes to the marked bus lane from width. the layout that is currently in operation. • House values will drop. • View noted. • Bus lane not long enough to make much • The time saved by the bus lane, in of a difference to the overall journey time. conjunction with the time saved by other bus priority measures along the bus route, will add up to a significant saving throughout the day. • Currently difficult to find a parking space • The respondent's property is eligible due to shoppers using the limited number for residents parking permits for the of spaces yet not in a residents parking Bovemoors Zone (Zone N) which will scheme. allow them to park in the roads south of Fore Street.

Third respondent: Resident - Fore Street, Heavitree, Exeter • Objection. • Buses are underused and not delayed. • Surveys have shown that buses are delayed in Fore Street throughout the day. • Improving bus reliability, by introducing bus lanes, will make them more attractive and increase patronage. • Concerned the day centre users won't be • Alternative parking is available in the able to drop off and pick up their children. area where parents can park and escort their children to and from the day centre. • Concerned the proposals will prevent • Not promoting any changes to the skips being used outside properties current arrangements. fronting the bus lane. • Concerned about elderly relatives not • On-street parking can never be being able to park near property. guaranteed and there can be no guarantee of a space within the limited waiting at the moment. • Visitors to the property will need to visit outside of the bus lane times if they wish to try and park/load/unload directly outside the property. • Concerned workmen will not be able to • See above. unload/load tools equipment. • Concerned delivery companies will not be • See above. able to make deliveries. • Will extra money be available to pay for • This proposal does not require damage to kerbs by buses. changes to the marked bus lane from the layout that is currently in operation. • Will compensation be available for • No. Compensation will not be maintenance and damage to properties available. by vibration caused by the buses. • Concerned property values will decrease. • View noted. • Residents parking permit for Butts Road • The proposals are to improve bus does not always provide a parking space priority. due to the recent retirement properties. • The residents of the recent development are not entitled to Residents Parking Permits. However, a permit does not guarantee a parking space.

Fourth respondent: Resident - Fore Street, Heavitree, Exeter • Strongly objects. • Present situation is unsatisfactory • The public highway is provided for however, an acceptable routine is moving traffic and parking is allowed possible. where & when it can be accommodated. • Whenever possible respondent parks • View noted. This is a matter for the near property as the car is often damaged police and not the highway authority. when using the residents parking in Butts Road. • No rear access need spaces at front of • Noted. property to load/unload. • Visitors to the property will need to visit outside of the bus lane times if they wish to try and park/load/unload directly outside the property. • Concerned workmen will not be able to • See above. unload/load tools equipment and may refuse to accept work. • The bus lane is too short and its efficiency • The time saved by the bus lane, in is limited by the three pedestrian conjunction with the time saved by crossings. other bus priority measures along the bus route, will add up to a significant saving throughout the day. • Respondent considers that improvements • It would not be appropriate to spend to the bus services, whilst maintaining tax payers' money on such an pedestrian safety, will require more than expensive scheme. tinkering with the restrictions. and suggests a major scheme by keeping parking near the footway and making Fore Street one way with footbridges. • Kerbs being damaged by the buses. • This proposal does not require changes to the marked bus lane from the layout that is currently in operation. • Respondent concerned about pedestrian • See above. safety as the narrow footway provides very limited protection from the buses, which travel very fast in the narrow lane. Parked cars offer some protection to pedestrians.

Fifth respondent: Resident - Fore Street, Heavitree, Exeter • Respondent concerned about pedestrian • This proposal does not require safety as the narrow footway provides changes to the marked bus lane from very limited protection from the buses, the layout that is currently in operation. which travel very fast in the narrow lane. • Proposals will remove the possibility to • Parking and loading will still be unload shopping and children after available outside the bus lane times. school. • Relaxing the times for the evening bus lane will ease things for dropping off school children.

Sixth respondent: Resident - Fore Street, Heavitree, Exeter • Respondent concerned about pedestrian • This proposal does not require safety as the narrow footway provides changes to the marked bus lane from very limited protection from the buses, the layout that is currently in operation. which travel very fast in the narrow lane. • The bus lane is too short and its efficiency • The time saved by the bus lane, in is limited by the number of traffic lights. conjunction with the time saved by other bus priority measures along the bus route, will add up to a significant saving throughout the day. • Concerned proposals will restrict the time • Visitors to these premises will need to customers are able to load/unload at the visit outside of the bus lane times if laundrette or vets. they wish to try and park/load/unload directly outside the property. • Alternatively they will be able to use the public car park in Gordons Place. • Residents have limited opportunities to • Noted. See above. loading/unloading outside their properties. • Without an access to the rear of the • Noted. See above. property spaces are needed at front of property to load/unload. • Respondent's car regularly gets • View noted. This is a matter for the vandalised when using the residents police and not the highway authority. parking in Butts Road.

Seventh respondent: Campaign For Better Transport • Supports proposal. • Support noted. • Supports the banning of waiting and loading on all the bus lanes during their operating times. • Supports the extension of bus lane hours.

Appendix III To EEC/10/84/HQ

Devon County Council (Pinhoe Road, Exeter) (Bus Lane) Order & Devon County Council (Pinhoe Road, Exeter) (Control of Waiting and Parking) Amendment Order

Pinhoe Road Bus Lane

Summary of vehicles allowed to enter the bus lane: (a) buses (b) taxis/private hire vehicles displaying approved bus lane user signs (c) cycles (d) vehicles required for the removal of any obstruction to traffic (e) emergency service vehicles (f) utilities (g) access to off-street parking or garages (h) a vehicle displaying a blue badge that is picking up or dropping off a disabled passenger

Objections/Observations/Requests/Comments Devon and Cornwall Police Authority • No comments received. • Noted.

First respondent: Campaign For Better Transport • Supports proposals. • Support noted. • Supports the banning of waiting and loading on all the bus lanes during their operating times. • Supports the designation of the bus lane.

Appendix IV To EEC/10/84/HQ

Devon County Council (Various Streets, Exeter) (Control of Waiting and Parking) Amendment Order

Objections/Observations/Requests/Comments Devon and Cornwall Police Authority • No comments received. • Noted.

First respondent: Campaign For Better Transport • Supports proposal. • Support Noted. • Supports the banning of waiting and loading on all the bus lanes during their operating times.

Heavitree Road Bus Lane

Summary of vehicles allowed to enter the bus lane: (a) buses (b) taxis/private hire vehicles displaying approved bus lane user signs (c) cycles (d) a heavy commercial vehicle (e) vehicles required for the removal of any obstruction to traffic (f) emergency service vehicles (g) utilities (h) access to off-street parking or garages (i) a vehicle that is picking up or dropping off a passenger provided the vehicle does not wait for more than two minutes. (j) loading or unloading of any goods at premises adjacent to or accessible only from the bus lane if no other loading restriction is in force.

Objections/Observations/Requests/Comments Second respondent: Resident - Heavitree Road, Exeter • Objection. • Proposals will prevent deliveries and • Following the comments received, we collections to the property by vehicles intend to relax the ‘no loading at any too large to use the rear service lane time’ restriction to ‘no-loading 7am- possibly leading to refusal by retailers to 9.30am and 4pm-7pm’ within specified deliver. lengths of Heavitree Road. • The proposals will not change the current restriction regarding the loading or unloading within the bus lane of any goods or burden at premises adjacent to or accessible only from the bus lane if no other Order is in force. • Proposals will stop taxis dropping off • Alighting of passengers is permitted and collecting people from the nearby within the bus lane and when a ‘no hotel. loading’ restriction is in force provided that such boarding or alighting does not cause the vehicle to wait in the same place for more than two minutes. • Proposals will prevent elderly people • See above. being dropped near to the church and prevent deliveries to the Women’s Institute. • Outside rush hour the bus lane is • Noted. The bus lane was provided to redundant with many permitted vehicles help bus, taxis, HGVs however; they using the main carriageway. don’t have to use it. • Supports the need to keep traffic on • Support noted. Heavitree Road moving with the current loading restriction working well. • Proposals will unnecessarily prohibit • See above. access by residents. • Proposals will effect local businesses • See above. and institutions.

Third respondent: Resident - Heavitree Road, Exeter • Strongly objects. • Proposals will prevent dropping off • The proposals will not change the elderly relatives and shopping. current restriction regarding the loading or unloading within the bus lane of any goods or burden at premises adjacent to or accessible only from the bus lane if no other Order is in force. • Rear service lane too narrow for delivery • Following the comments received, we vehicles. intend to relax the ‘no loading at any time’ restriction to ‘no-loading 7am- 9.30am and 4pm-7pm’ within specified lengths of Heavitree Road. • The proposals will not change the current restriction regarding the loading or unloading within the bus lane of any goods or burden at premises adjacent to or accessible only from the bus lane if no other Order is in force. • Understands the need to keep the bus • See above. lane clear during busy peak times but in the quieter times loading for residents should be allowed.

Fourth respondent: Business - Heavitree Road, Exeter • Objects. • Respondent appreciates the need for • Following the comments received, we restrictions during peek times however; intend to relax the ‘no loading at any buses often use the main carriageway in time’ restriction to ‘no-loading 7am- the quieter periods. Their business 9.30am and 4pm-7pm’ within specified needs customers to be able to lengths of Heavitree Road. load/unload suitcases and for • The proposals will not change the taxis/deliveries to stop outside premises current restriction regarding the loading during these quiet periods. or unloading within the bus lane of any goods or burden at premises adjacent to or accessible only from the bus lane if no other Order is in force. • Alighting of passengers is permitted within the bus lane and when a no- loading restriction is in force provided that such boarding or alighting does not cause the vehicle to wait in the same place for more than two minutes.

Fifth respondent: Resident - Heavitree Road, Exeter • Objects. • Proposals will prevent deliveries from • Following the comments received, we supermarkets who may withdraw this intend to relax the ‘no loading at any service. Currently these deliveries are time restriction to no-loading 7am- made after 8pm when the bus lane 9.30am and 4pm-7pm’ within specified usage is low. lengths of Heavitree Road. • The proposals will not change the current restriction regarding the loading or unloading within the bus lane of any goods or burden at premises adjacent to or accessible only from the bus lane if no other Order is in force. • Respondent concerned with pedestrian • The bus lane, and therefore the safety due to the speed of the buses permitted users speed, is governed by using the bus lane. the same speed limit that applies to the rest of Heavitree Road. However, the speed of the bus lane users may be perceived to be faster when compared to the slow moving traffic outside the bus lane. The pavement width beside the bus lane is generally 2.4m wide and this is comparable to other footways in Exeter that have large vehicles subjected to a 30mph speed limit. • Concerned that no letter was sent to the • Under the Local Authorities' Traffic residents as part of the Orders (Procedure) ( and consultation/advertising period. Wales) Regulations 1996 the minimum level of publicity required, when the highway authority is proposing a change to a traffic Order, is the advertising of the proposals in the local press. Additionally street notices were displayed for 21 days in the areas that would be directly affected by the proposals. • Supports provision of bus lane during • Support noted. the peak time. • Safety would be improved by the use of • Noted. a speed camera and fining drivers breaking the right turn bans at the Denmark junction.

Sixth respondent: Business - Heavitree Road, Exeter • Objects. • Agrees bus lanes are important to • Support noted. facilitate punctual bus operation. • Agrees bus lane should be kept clear at • Support noted. peak times however, loading and unloading should be permitted during quiet periods. • Proposals will restrict deliveries from • Following the comments received, we supermarkets increasing car use. intend to relax the ‘no loading at any time’ restriction to ‘no-loading 7am- 9.30am and 4pm-7pm’ within specified lengths of Heavitree Road. • The proposals will not change the current restriction regarding the loading or unloading within the bus lane of any goods or burden at premises adjacent to or accessible only from the bus lane if no other Order is in force.

• Concerned traders won’t be able to • See above. receive deliveries during the times when the bus lane usage is low. • Concerned about the safety of delivery • Noted. personnel if deliveries have to be carried across a busy road. • Concerned about the difficulties faced • See above. by a removal company if the respondent where to move home.

Preston Street Bus Lane

Summary of vehicles allowed to enter the bus lane: (a) buses (b) vehicles required for the removal of any obstruction to traffic (c) emergency service vehicles (d) utilities (e) a vehicle that is picking up or dropping off a passenger provided the vehicle does not wait for more than two minutes.

Objections/Observations/Requests/Comments Seventh respondent: Business - Preston Street, Exeter • Request for an Access Protection • Respondent is not eligible for an APM Marking (APM). within Devon County’s policy on the provision of APM’s.

Topsham Road Bus Lanes

Summary of vehicles allowed to enter the bus lane: (a) buses (b) taxis/private hire vehicles displaying approved bus lane user signs (c) cycles a heavy commercial vehicle (d) vehicles required for the removal of any obstruction to traffic (e) emergency service vehicles (f) utilities (g) access to off-street parking or garages (h) a heavy commercial vehicle (i) a vehicle that is picking up or dropping off a passenger provided the vehicle does not wait for more than two minutes.

Objections/Observations/Requests/Comments Eighth respondent: Resident - Topsham Road • Objection. • Currently believes he was granted a • Following comments received, we right to unload/load outside property intend to relax the ‘no loading at any (respondent loads/unloads outside busy time’ restriction to ‘no-loading 7am- periods and has never been accused of 9.30am and 4pm-7pm’ within specified causing a problem). lengths of Topsham Road. • No other suitable access to property for • Noted. normal access. • Proposals will prevent deliveries of • The proposals will not change the large/bulky items or deliveries from current restriction regarding the loading supermarkets. or unloading within the bus lane of any goods or burden at premises adjacent to or accessible only from the bus lane if no other Order is in force. • See above.

• Proposals will prevent removal companies • See above. unloading/loading directly outside the property. • Proposals will prevent elderly relatives • Alighting of passengers is permitted within alighting outside the property. the bus lane and when a no-loading restriction is in force provided that such boarding or alighting does not cause the vehicle to wait in the same place for more than two minutes.