Report Peak Hour Bus Lane Order TRO 1891/92/93

Part 1 - Open to the Public ITEM NO. 4

REPORT OF THE STRATEGIC DIRECTOR ENVIRONMENT AND COMMUNITY SAFETY

TO TRAFFIC ADVISORY PANEL

ON 18 TH DECEMBER

TITLE: A56 Bury New Road and A665 Bury Old Road, Salford Peak hour bus lane order – TRO 1891/92/93

RECOMMENDATIONS:

That the Assistant Mayor for Strategic Planning considers the contents of this report and the deliberations of the Traffic Advisory Panel and makes a decision to introduce the proposed Traffic Regulation order as advertised.

EXECUTIVE SUMMARY:

As part of the introduction of bus lane enforcement there is a need to review all the traffic regulation orders in the City. This exercise was completed and anomalies with the order and lining / signing were found which required the order to be amended and advertised.

This advertisement of the order resulted in one objection regarding the method of advertising the order and that car passengers could not board or alight whilst the bus lane is operative.

The bus lanes within this TRO front only a number of residential properties and alternative access not involving additional mileage for private hires or taxis are readily available. The details of the order are consistent with our neighbouring councils who carry out bus lane enforcement.

It is therefore recommended that the order be introduced as advertised.

BACKGROUND DOCUMENTS: Emails from the objectors.

KEY DECISION: NO

DETAILS:

As part of the introduction of bus lane enforcement in Salford there is a requirement to review the Traffic Regulation Orders. As part of this process the lines and signs were reviewed for correctness against the order and the requirements set down in “The Traffic Signs Regulations and General Directions”. A number of anomalies were identified and an amended order was prepared for advertisement.

As part of this process the emergency services were consulted and have no objections. There is support for this order from Transport for Greater Manchester and the bus operators.

Proposals:

That Salford City Council introduce a Bus Lane Order (with exemptions for cycles and Hackney Carriages) Monday – Friday, 7.00am – 10.00am and 4.00pm -7.00pm

A56 Bury New Road (i) south-eastbound carriageway - from a point 198 metres north west of its junction with the north western kerbline of Devonshire Street in a south easterly direction for a distance of 334 metres (ii) south-eastbound carriageway - from a point 113 metres south east of its junction with the south easterly kerbline of its northerly junction with Appian Way in a south easterly direction to a point 10 metres north west of its junction with the north western kerbline of its southerly junction with Appian Way

A665 Bury Old Road south-eastbound carriageway - from a point 70 metres south east of its junction with the south eastern kerbline of Park Road in a south easterly direction to a point 65 metres north west of its junction with the north western kerbline of the A576 Middleton Road.

There will be no exemption enabling the boarding or alighting of vehicles (other than buses and Hackney Carriages).

This proposal was advertised on site and in the Manchester Evening News on the 23 rd October. Letters were sent to properties fronting the bus lanes. A copy of the notice is attached in Appendix 1.

Consideration of Objections

A single objection was received with regard to two specific points: 1. That proposed TRO should be advertised in a Salford paper 2. Private hire drivers would not be able to set down or pick up, disabled or elderly passengers.

In response to the objection, Salford City Council does not have a definitive policy in terms of which publication a Traffic Regulation Order should be advertised in.

Permanent TROs are subject to The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996. The Regulations require the order making authority to publish at least once a notice of proposals in a newspaper circulating in the area in which any road or other place to which the order relates is situated. Salford City Council also publishes the notice on their website as well as posting notices on site.

The Salford Advertiser is only published once a week and we followed the advice of Legal Services in using the Manchester Evening News to publicise this TRO due to the need to advertise this in an expedient manner and ensure circulation of the information. A number of TROs have been publicised in the MEN but the majority are published in the Salford Advertiser.

It is difficult to ensure that all interested parties receive copies of the notices but with the current system, Legal Services have confirmed the requirements of the Regulations are met.

With regard to being able to allow passengers to board and alight in the bus lane, there is no exemption within the proposed order for this. The draft order is consistent with the other orders of our neighbouring GM authorities namely Bury and Manchester. There is a need to be consistent to ensure that drivers understand the order in force.

The bus lane orders for both Bury Old Road and Bury New Road are for peak hours only and therefore drivers may allow passengers to board and alight outside these times. Residential properties front the Bury Old Road bus lane, the majority have private drives and the remaining have rear access from Catherine Road. There are a limited number of properties fronting the Bury New Road and pedestrian access is closer from Rigby Street and is unlikely to incur any additional charge from either a private hire or taxi. Hence on all the bus lanes proposed within this order there are other alternatives for drivers to allow passengers to board and alight within the operative time of the bus lane. The impact on elderly and disabled people is therefore limited.

Should any driver receive a penalty charge notice the Council is able to take into account extenuating circumstances and has discretion to cancel notices.

Recommendation

Legal Services have confirmed that the method of advertising the proposed order accords with the regulations. There are clear alternatives to ensure disabled / elderly passengers could be dropped off or picked up where the proposed bus lanes are located and that the Council has the discretion to carry out enforcement.

It is therefore the recommendation that the restrictions be introduced as advertised.

KEY COUNCIL POLICIES: Local Transport Plan

EQUALITY IMPACT ASSESSMENT AND IMPLICATIONS: There are alternative opportunities to allow disabled passengers to board and alight during the limited times of the bus lane operation and therefore the impact on disabled people will be minimal.

ASSESSMENT OF RISK: The implementation of the restrictions would decrease the risk of collisions.

LEGAL IMPLICATIONS The Council by virtue of the Road Traffic Regulation Act 1984 can introduce orders to manage traffic.

FINANCIAL IMPLICATIONS The cost of the scheme will be met from Block 3.

PROCUREMENT IMPLICATIONS Supplied by: N/A

HR IMPLICATIONS Supplied by: N/A

OTHER DIRECTORATES CONSULTED: None

CONTACT OFFICER: Sally Fletcher TEL NO: 0161 779 4881

WARDS TO WHICH REPORT RELATES: Broughton

OBJECTION:

Urban Vision Partnership Emerson House Albert Street Eccles

4 SALFORD CITY COUNCIL BUS LANE PROPOSALS – BURY NEW ROAD AND BURY OLD ROAD - READVERTISEMENT Notice is hereby given that Salford City Council proposes to make the Order referred to below under the Road Traffic Regulation Act 1984. The Council has reviewed certain bus lanes in the City with a view to improving their operation, particularly in the vicinity of junctions. As part of this process, the revised bus lanes on Bury New Road and Bury Old Road were brought into effect by Order in August 2014. The bus lanes are being re-advertised due to a proposed amendments to the start /end points of the Bus Lanes. The lengths of road described below therefore include lengths of bus lane that are already in operation. The proposals are as follows - City Of Salford (East Salford Area) (A56 Bury New Road and A665 Bury Old Road) (Bus Lane) Order (No.2) 2014 - Bus Lane, (with exemptions for pedal cycles and Hackney Carriages), Monday – Friday, 7.00am – 10.00am and 4.00pm - 7.00pm A56 Bury New Road (i) south-eastbound carriageway - from a point 198 metres north west of its junction with the north western kerbline of Devonshire Street in a south easterly direction for a distance of 334 metres (ii) south-eastbound carriageway - from a point 113 metres south east of its junction with the south easterly kerbline of its northerly junction with Appian Way in a south easterly direction to a point 10 metres north west of its junction with the north western kerbline of its southerly junction with Appian Way A665 Bury Old Road south-eastbound carriageway - from a point 70 metres south east of its junction with the south eastern kerbline of Park Road in a south easterly direction to a point 65 metres north west of its junction with the north western kerbline of the A576 Middleton Road There will be no exemption enabling the boarding or alighting of vehicles (other than buses and Hackney Carriages). Existing orders are to be amended or revoked so as to be consistent with the above proposals. A copy of the proposed Order, plans, a statement of the Council’s reasons for proposing to make the Order and copies of the Orders it is proposed to amend or revoke may be inspected at the Civic Centre, Chorley Road, Swinton, M27 5DA between 8.30 a.m. and 5.00 p.m. Mondays to Fridays inclusive. If you wish to object to the proposed Order you should send the grounds of your objection in writing to the Director of Engineering c/o Traffic Management and Control, 8 th Floor, Emerson House, Albert Street, Eccles, M30 0TE by 14 November 2014 (quoting reference TRO 1891/92/93).

Dated: 23 October 2014

Ben Dolan, Strategic Director for Environment and Community Safety, Salford City Council, the Civic Centre, Chorley Road, Swinton, M27 5DA

Cc: Deputy City Mayor David Lancaster; Mullen, Councillor J Subject: Surely Salford council could plan ahead to find time to put one advertisement in one Salford News Paper so that the majority of Salford folk can have a say on what's going on in Salford RE: Advertisement of Traffic Regulation Order 1891/92/93

TRO 1891/92/93.

Dear JXXXX, thank you for your reply, as a resident of Salford I wish to a move this request to a registered complaint, The Salford Advertiser is delivered Free to many homes in Salford and its also sold in many Salford newsagents and at times I see many legal notices to make changes in the legal section of the Salford Advertiser, does this mean I and other residents have to get two newspapers /delivered? One MEN paper six nights a week and the Salford Advertiser once a week to see what Salford council wish to change. Surely Salford council could plan ahead to find time to put one advertisement in one Salford News Paper so that the majority of Salford folk can have a say on what’s going on in Salford . I expect the cost of advertising in the Manchester Evening News to be far greater than advertising in the Salford Advertiser, why are Salford council not planning ahead in time to place an advertisement? And spending additional monies advertising in the MEN? Not everyone can use a web site and not everyone can get time to travel to a bus lane in another part of the City to see a poster.

Salford is in Salford and Manchester is in Manchester as by the names of the newspapers Manchester Evening News is a Manchester paper and Salford Advertiser is in a Salford newspaper, I expect more of the Salford Advertiser to be given out free in Salford than Salford people purchasing the MEN in Salford.

It should be the sole intentions of Salford council to get the largest circulation into the homes of the majority of resident’s homes in Salford!

In 2012 the UK Government proposed a paper for councils to save money on advertising legal notices, included in that paper was emailing proposed changes to those residents and bodies whom wish to be included, although the 2012 paper was thrown out by the government it did state for councils to be more minded to save money on advertising I have asked previously as chair of the city of Salford private hire association for any updates/ proposed changes in TRO to be emailed to me, planning officers send a weekly list of planning portals to several community email addresses, so I ask politely why cant highways send updates on TRO changes to those members of the public who wish to see what’s being proposed in Salford ? The cspha have 500 members, the private hire trade carry in excess of 8 million door to door passengers per annum including the largest number of disabled and elderly passengers.

Sent: 14 November 2014 04:55

Cc: Mullen, Councillor J; Deputy City Mayor David Lancaster Subject: FW: May I add ?

Dear XXXXX, following my email dated 13/10/14 I would appreciate if you could provide me with a copy of the governments guidelines/policy that Salford council abide bye, when proposing changes to a TRO {what must Salford council do } and a copy of the council’s constitution for the Salford Transport Advisory Group committee please? As the cspha need to be reading from the same book, the last Transport meeting I attended didn’t seem to take note of the governments guidelines when I suggested holding a Public Enquiry as a result of lorry drivers loading/ unloading being denied the right to load/unload during the hours 10am to 5pm which is clearly stated in the governments guidelines I have read to lead to a public enquiry. {see below}

You wrote “ The Regulations require the order making authority to publish at least once a notice of proposals in a newspaper circulating in the area ” and “the need to advertise this in an expedient manner and ensure a wide circulation of the information” and In response to your request I am informed that Salford City Council does not have a definitive policy in terms of which publication a Traffic Regulation Order should be advertised in.

Having read the governments guidelines I have read in detail {attachment IMG530.PDF} I take the governments guidelines to mean “Publishing a notice of the proposals in a local newspaper;” as per word to mean “Local newspaper” for the majority of Salford residents inside the Salford boundary to read, not a circulating paper in the area from outside the Salford boundary for the minority of Salford residents to read. I’m sure you will agree that the majority of Salford residents will read the FREE hand delivered Salford Advertiser once a week and the minority of Salford residents will pay and read the MEN 6 nights a week? Will Salford residents read and pay for the MEN 6 nights a week? I expect t not!

Secondly the legal notice gave a heading “re advertisement” the present bus lane restrictions have been in place for many years, {some 15 years or more as one assistant councillor stated in front of the city Mayor} so what is the huge rush to get one advertisement placed into the newspaper within a week, when the following weeks FREE dispersed/ hand delivered Salford Advertiser would be read by more Salford residents, than those that pay to read the MEN 6 nights a week?

Thirdly the governments guidelines also state “the authority may consider appropriate for ensuring adequate publicity is given to persons likely to be affected by any provision in the order, which may include roadside notices and delivery of letters to premises;” The cspha have 500 private hire drivers and several Operators as members the cspha , they carry in the region of 8 million plus door to door passengers per year, the bus lane restrictions placed upon private hire drivers to set down disabled and elderly passengers will amount to residents not being able to set down in this bus lane at certain times of the day,, I would add if any interested party should get notification in an envelope it should be the cspha}

Lastly you wrote “Salford City Council does not have a definitive policy in terms of which publication a Traffic Regulation Order should be advertised in. Although I understand the need to advertise a legal notice in a local newspaper and the need for that notice to appear as soon as possible I Question the fact that Salford council doesn’t have such a policy in place especially when there is a legal duty to advertise the legal notice in a local newspaper ! . The whole point of advertising the legal notice is for Salford residents and businesses to know where to look for such information. Does Salford council wish for every resident and business person to purchase several newspapers each day on a ad hoc basis? As a self employed person, Salford resident and chair of the city of Salford private hire association I should be able to identify a newspaper where legal notices appear. The same should also apply when looking through the councils TRO archives which are more than 12 months out of date.

I ask that councilors and officers consider this request to bring in a policy to ensure we all know what’s going on in the City?

I wish to add the government’s guidelines on “What must a local authority do prior to implementing a TRO?”

Permanent TROs are subject to The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996, which can be seen at http://www.opsi.gov.uk/si/si1996/Uksi_19962489_en_1.htm These impose various legal requirements prior to making an order, including:

• Publishing a notice of the proposals in a “ local newspaper ;” that’s the governments words not mine! • taking other steps the authority may consider appropriate for ensuring adequate publicity is given to persons likely to be affected by any provision in the order, which may include roadside notices and delivery of letters to premises; And allowing potential objectors 21 days to make representations

• holding a public inquiry if the TRO would prohibit loading or unloading of vehicles (i) at all times, (ii) before 07.00 hours, (iii) between 10.00 and 16.00 ; or (iv) after 19.00, or if the passage of public service vehicles would be restricted . (The authority may opt to hold a public inquiry in other circumstances).

Who needs to be consulted before a TRO is implemented?

• The police along with the Freight Transport Association and Road Haulage Association must be consulted before a TRO can be implemented.

Regards

Sent: 13 November 2014 14:51

Cc: '[email protected]'; 'Mullen, Councillor J' Subject: Surely Salford council could plan ahead to find time to put one advertisement in one Salford News Paper so that the majority of Salford folk can have a say on what's going on in Salford RE: Advertisement of Traffic Regulation Order 1891/92/93

TRO 1891/92/93.

Dear XXXX, thank you for your reply, as a resident of Salford I wish to a move this request to a registered complaint, The Salford Advertiser is delivered Free to many homes in Salford and its also sold in many Salford newsagents and at times I see many legal notices to make changes in the legal section of the Salford Advertiser, does this mean I and other residents have to get two newspapers /delivered? One MEN paper six nights a week and the Salford Advertiser once a week to see what Salford council wish to change. Surely Salford council could plan ahead to find time to put one advertisement in one Salford News Paper so that the majority of Salford folk can have a say on what’s going on in Salford . I expect the cost of advertising in the Manchester Evening News to be far greater than advertising in the Salford Advertiser, why are Salford council not planning ahead in time to place an advertisement? And spending additional monies advertising in the MEN? Not everyone can use a web site and not everyone can get time to travel to a bus lane in another part of the City to see a poster.

It should be the sole intentions of Salford council to get the largest circulation into the homes of the majority of resident’s homes in Salford!

Regards