REGULATORY COMMITTEE

7 July 2016

AGENDA ITEM 5

Subject: THE CITY COUNCIL (PARKS, SPORTS AND RECREATION GROUNDS) (OFF STREET PARKING PLACES) ORDER 2016 - REPRESENTATIONS

Report DIRECTOR OF PUBLIC PLACES by: Enquiries contact: Paul Van Damme Tel.(01245) 605562 Email: [email protected]

Purpose

To report the receipt of representations in respect of the proposed Chelmsford City Council (Parks, Sports and Recreation Grounds) (Off Street Parking Places) Order 2016 and the officers’ responses to the issues raised.

Options :

The Committee has the following options available :

1. to agree that the proposed Order be made as advertised;

2. to agree that the proposed Order be made subject to modifications which result in less restrictive provisions or reduced scope; or.

3. to agree that the proposed Order should not be made and refer it back to Director of Public Places with or without suggested amendments.

Recommendations

(a). the Order be made as advertised in the Enquirer on 18 April 2016, subject to the following modification; the period for waiting in Andrews Park, Chancellor Park, Coronation Park and Chelmer Park being increased from two hours to three hours; and

(b). the people making representations be advised accordingly.

1 Corporate Implications

None Legal: None. Financial: Costs met from existing budgets. Personnel: None. Risk Management: None. Equalities and Diversity: None. Health and Safety: None. IT: None. Other: None.

Consultees: Legal and Democratic Services

Policies and Strategies

The report takes into account the following policies and strategies of the Council:

‘The Chelmsford Borough Council Traffic Regulation Order Policy Guidelines’

1. Background

1.1 The Chelmsford City Council (Parks, Sports and Recreation Grounds) (Off Street Parking Places) Order 2016 is being proposed by the Council (exercising its powers under Section 32, 35 and Part IV of Schedule 9 of the Road Traffic Regulation Act 1984 as amended (hereinafter referred to as “the 1984 Act”), the Traffic Management Act 2004 (hereinafter referred to as “ the 2004 Act”) and of all other enabling powers and with the consent of County Council given in accordance with Section 39 (3) of the 1984 Act and after consultation with the Chief Officer of Police in accordance with Paragraph 20 of Part III of Schedule 9 to the 1984 Act.

1.2 Chelmsford City Council propose to make the above named Order following a review of parking in parks, sports and recreation grounds which revealed extensive commuter/student parking and inconsiderate use and parking for example blocking maintenance and emergency access during peak use. These issues are preventing legitimate park users from accessing the facilities, whilst there is a need to regulate the use of the parks car parks. The Order aims to address these issues through introducing management and regulatory measures to ensure that the car park in parks, sports and recreation grounds are available for use in an accessible and safe manner.

1.3 The Order does not seek to introduce parking charges of any kind for allotment, sports, recreational or other park use.

1.4 The main management control to avoid and restrict commuter parking is through waiting restrictions. Where weekday, daytime only waiting restrictions are proposed to be applied, which may potentially restrict recreational, sports or public events use, a system of free permits or temporary daily partial lifting of restrictions is provided for as part of the proposed Order to avoid any impact on such sport and recreational uses by clubs or other organising community organisations.

2 1.5 The proposed Order does also provide for restricted business parking where this already exists or where there is a likely to be demand. The proposed business parking permits arrangements provided for, as part of the Order, are designed to regulate this on the basis that the income raised goes to support the maintenance of the parks and that any such business parking does not prevent or unduly restrict legitimate park use. This provision will also help where possible to avoid or reduce any parking re-location to adjoining roads as a result of this proposed Order.

1.6 In summary, the effect of the Order (as advertised) will introduce new restrictions, terms and conditions in Chelmsford City Council Parks, Sports and Recreational Grounds car parks as specified below;

1.6.1 The following car parks will have a waiting limit for a maximum of two hours from Monday to Friday, with no return within two hours; Beaulieu Park, Chancellor Park, Coronation Park, Springfield Hall Park, Andrews Park, Lionmede Recreational Ground, Oaklands Park, Chelmer Park, Jubilee Park and Noakes Park, Chelmsford.

1.6.2 The following car parks will provide parking for business permit holders only in designed bays from Monday to Friday; Beaulieu Park, Chancellor Park, Coronation Park, Springfield Park Hall, Chelmer Park, Jubilee Park and Noakes Park, Chelmsford.

1.6.3 The remaining car parks will provide free parking during the opening times subject to terms and conditions; Melbourne Park, Admirals Park, John Shennan Playing Field, Chelmsford; Saltcoates Park and Compass Gardens,

1.7 Oaklands Park is currently already subject to its own Order and this new proposed Order seeks to reduce the waiting period from three hours (weekdays, daytime only) to two hours as the current arrangements have proved to be insufficient to regulate commuter and student parking, ensuring that legitimate parks and museum users have access to the car parking facilities.

1.8 The Full Order, Statement of Reasons and Notification of Proposals are attached in Appendix 1.

1.9 The Order was published and subject to public consultation between 28 April and 20 May 2016. Copies of the draft Order were sent to a number of organisations including , and Essex County Council (the highway authority) and no objections were received from these organisations.

2. Comments

2.1 The details of the representations are summarised in Appendix 2 to this report together with the comments of the officers. (Copies of the representations in full are attached in Appendix 3 for members of the Committee and copies will be available at the meeting. It is also published on the Chelmsford City Council website).

3. Summary of representations

3.1 In total, twenty seven enquiries, objections and supportive comments were received as part of the public consultation and advertisement period 28 April to 20 May 2016.

3.2 Two objections were withdrawn; four supportive comments (in principle supportive with comments), nineteen objections and two enquiries were received.

3 3.3 The objections fall into 3 categories;-

3.3.1 Objections/enquiries that came from community organizations and sports clubs expressed concern about access in locations where waiting restrictions are proposed. In response to enquiries, respondents were contacted to explain that any waiting restrictions only apply during weekdays and daytime only; and that the Order (in section 11 and 13) provides for the issue of free permits and/or temporary lifting of restrictions to enable community organizations and sports clubs to continue make use of the facilities without restriction. 3.3.2 Objections from the general public regarding the waiting restriction of two hours being too short and that parking charges would be introduced; most correspondents were contacted to explain that no charges are proposed for general parks, sports and recreational use; and that any waiting restrictions only apply during weekdays and daytime only, so not evenings, weekends or bank holidays. (please note that in Oaklands Park three hours waiting restrictions already apply and this has proved not successful in addressing inconsiderate student parking) 3.3.3 Two objections (from residents of Buckleys) relate to specific displacement of parking which may affect adjoining roads (or roads which are currently already affected). Specifically the proposed restrictions in Noakes Park caused concern to adjoining residents of Buckleys. This road is already subject to commuter parking, whilst Noakes Park is subject to excessive amounts of non-park users parking, thereby preventing legitimate park use. Parish Council has also requested access to the Noakes Park car park. The proposed Order will address these concerns and residents of Buckleys have been advised that an on-street parking Order may also be needed, should residents wish to request it. Residents have been advised of the procedure and process, as there is a separate process for on-street parking through the South Essex Parking Partnership.

4. Conclusion

4.1 The waiting restrictions are the main deterrent against inconsiderate commuter and student parking and most of the objections to the waiting restrictions can be mitigated in terms of use of car parks by community organizations and sports clubs by using the Order’s provisions in section 11 and 13.

4.2 Following further review and investigation of the objections raised regarding the daytime, weekdays only two hours waiting limit (and in particular in response to objections regarding the length of the waiting restriction), it is proposed to amend the Order to increase the waiting restrictions to three hours in the following locations; Andrews Park, Chancellor Park, Coronation Park and Chelmer Park. This is proposed as the current circumstances in terms of student and commuter parking is less prevalent than in other locations.

4.3 At the other locations where two hours waiting restrictions are proposed; Beaulieu Park, Springfield Hall Park, Oaklands Park, Lionmede Recreation Ground, Jubilee Park and Noakes Park, and in view of current difficulties with commuter and student parking, it is proposed for the Order to remain as proposed i.e. day time, week day, two hours waiting restrictions. This approach is proposed because of the previous experience at Oaklands in that the current Oaklands Park Order of three hours has not proved successful in preventing the student parking at Oaklands Park

4 4.4 The specific objections regarding displacement of parking in Buckleys can be addressed by the provisions for on-street parking restrictions through the South Essex Parking Partnership, should local residents wish to pursue this.

4.5 For all other aspects of the Order, Officers consider therefore the Council should proceed with the Order in its entirety as advertised and bring it into force in due course.

List of Appendices

Appendix 1: Full Order, Statement of Reasons and Notification of Proposals

Appendix 2: Representations and responses following formal consultations and advertising on 29th April 2016

Appendix 3: Representations made on the Order in full

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APPENDIX 2

THE CHELMSFORD CITY COUNCIL [Parks, Sports and Recreation Grounds (Off Street Parking Places) ORDER 2016

Representations and responses following formal consultations and advertising on 29th April 2016

Ref List of people making representation s and responses

Representation Type Officer response / Outcome 1 Mr John Luff Registered a Objection Noted. When Mr Luff was contacted and he complaint after seeing withdrawn realized there were no fees or charges to be article in Essex Chronicle. levied on park users, he was satisfied. He thought free parking was to disappear. 2 Mr Kevin Dicker Concerned Objection Noted. Responded to Mr Dicker to explain about the potential ratio that any business permit parking would not between park user and prevent or unduly restrict park user parking. permit holders. 3 David Withams on behalf of Objection Noted. It was explained that users would not Lionmede Bowls Club. withdrawn be charged for parking. Concern over car parking charges. 4 Rob Bolton Agrees that Objection Noted. Offered response and explanation on there are commuter/student the two hours limit quoting the Oaklands parking problems in some example, re-assurance offered regarding locations, thought that there temporary lifting of the restrictions and was a better way than to permits for community and sports club use. limit parking times as The waiting restrictions in Andrews Park, outlined in the order to Chancellor Park, Coronation Park and control commuter parking. Chelmer Park are proposed to be increased Objected to the two hours to three hours (from two hours) and the Order waiting limit, which was felt is proposed to be modified to reflect this too short. Could restrictions change. be lifted during school holidays. 5 Peter Cook Supportive but Supportive Noted. Wished his comments to be passed in concerned on a number of with full to licensing committee.(See his issues connected through comments correspondence attached in appendices) the implementation of the order. 6 Richard Payne on behalf of Initial Noted. Responded to queries set out in Chelmsford Rugby Club enquiries; Richard Payne’s email and offered re- (Coronation Park) Enquiry supportive assurance on numbers of permits required. over how many free parking of order permits the Rugby Club will be offered 7 Thomsons Audio Visual Objection Noted. Objects and view proposals as exacerbation of street

1 parking problem. Inhibition of commerce at Thomsons retail shop and disadvantage to Manor Lodge office commercial activity. Suggests increase in car park size to enable business parking.. 8 Mrs Jen Taylor. Considers 2 Objection Noted. Responded to initial enquiry. The hour parking insufficient waiting restrictions in Andrews Park, Chancellor Park, Coronation Park and Chelmer Park are proposed to be increased to three hours (from two hours) and the Order is proposed to be modified to reflect this change. 9 Mr S Woodgate Concern Objection Noted. Responded to initial enquiry, over how 2 hour parking explaining that community organised events would impact on ‘Healthy could be provided with free permits . Walks’ 10 Mrs Reffell Concern over Objection Noted. Responded to initial enquiry, how 2 hour parking would explaining that community organised events impact on ‘Healthy Walks’ could be provided with free permits 11 Mrs Vinter Concerned that Objection Noted. Responded to enquiry explaining that the council was seeking to there would be no charges for parking in ‘sell off’ parking spaces. parks car parks. 12 Christi Smith Agrees in Supportive Noted. The waiting restrictions in Andrews principle that the Order is of the Order Park, Chancellor Park, Coronation Park and necessary but considers 2 in principle Chelmer Park are proposed to be increased hour parking insufficient at but to three hours (from two hours) and the Order Oaklands Park and suggested is proposed to be modified to reflect this suggests that restrictions longer change. could be lifted in school waiting holidays restrictions 13 Elizabeth Coleman Concern Objection Noted. Responded to initial enquiry, stems from sale of parking explaining that community organised events spaces could be provided with free permits 14 Mrs A Gallo Considers 2 Objection Noted. The waiting restrictions in Andrews hour parking insufficient Park, Chancellor Park, Coronation Park and Chelmer Park are proposed to be increased to three hours (from two hours) and the Order is proposed to be modified to reflect this change. 15 Naomi Claxton Considers 2 Objection Noted. Offered response and explanation on hour parking insufficient the two hours limit quoting the Oaklands example, re-assurance offered regarding temporary lifting of the restrictions and permits for community and sports club use The waiting restrictions in Andrews Park, Chancellor Park, Coronation Park and Chelmer Park are proposed to be increased to three hours (from two hours) and the Order

2 is proposed to be modified to reflect this change.. 16 Peter & Christine Hodges Objection Noted. Concerned that parking restrictions at Noakes Park would encourage parking in Buckleys and adjacent roads 17 Paula Greenstead Feels the Objection Noted. Offered response and explanation on 2 hour parking restriction at the waiting restrictions, re-assurance offered Chelmer park will regarding temporary lifting of the restrictions encourage parking in and permits for community and sports club neighboring streets instead. use. The waiting restrictions in Andrews Park, Chancellor Park, Coronation Park and Chelmer Park are proposed to be increased to three hours (from two hours) and the Order is proposed to be modified to reflect this change. 18 Mrs & Mrs Freight Objection Noted. Offered response and explanation on Considers 2 hour parking the waiting restrictions, re-assurance offered insufficient (two enquiries regarding temporary lifting of the restrictions from same household) and and permits for community and sports club use. The waiting restrictions in Andrews Park, Chancellor Park, Coronation Park and Chelmer Park are proposed to be increased to three hours (from two hours) and the Order is proposed to be modified to reflect this change. permits for community and sports club use. 19 Mrs Say on behalf of Objection Noted Offered response and explanation on Chelmsford Rambling Club the waiting restrictions, re-assurance offered Considers 2 hour parking regarding temporary lifting of the restrictions insufficient and permits for community and sports club use. The waiting restrictions in Andrews Park, Chancellor Park, Coronation Park and Chelmer Park are proposed to be increased to three hours (from two hours) and the Order is proposed to be modified to reflect this change. 20 Councillor McQuiggan / Enquiry Responded. ( PC) Seeking further information to disseminate to public if need be. 21 Mr Geoffrey Markham Supportive Noted and responded. The waiting Considers 2 hour parking of Order but restrictions in Andrews Park, Chancellor insufficient requests Park, Coronation Park and Chelmer Park are longer proposed to be increased to three hours waiting (from two hours) and the Order is proposed times to be modified to reflect this change. 22 Mr Bowen Considers 2 hour Objection Noted. Offered response and explanation on

3 parking insufficient the waiting restrictions, re-assurance offered regarding temporary lifting of the restrictions and permits for community and sports club use. The waiting restrictions in Andrews Park, Chancellor Park, Coronation Park and Chelmer Park are proposed to be increased to three hours (from two hours) and the Order is proposed to be modified to reflect this change. 23 Cllr Jude Deakin Considers Objection Noted. The waiting restrictions in Andrews 2 hour parking insufficient Park, Chancellor Park, Coronation Park and Chelmer Park are proposed to be increased to three hours (from two hours) and the Order is proposed to be modified to reflect this change. 24 Ann Wood Clerk to Great Enquiry and Noted. The Parish Clerk was furnished with a Baddow Parish Council. request for response setting out or position and clarifying Informs CCC that the Parish further the criteria for permit use. The waiting Council feel two hours information; restrictions in Andrews Park, Chancellor parking is insufficient and no further Park, Coronation Park and Chelmer Park are also they don’t have response proposed to be increased to three hours sufficient detail to comment received to (from two hours) and the Order is proposed on Parking Permits date. to be modified to reflect this change. 25 J Winter Feels the 2 hour Objection Noted. The waiting restrictions in Andrews parking restriction and Park, Chancellor Park, Coronation Park and issuing of permits at Chelmer Park are proposed to be increased Noakes Park will encourage to three hours (from two hours) and the Order parking in neighboring is proposed to be modified to reflect this streets instead; Buckleys change. 26 Chelmsford Hockey Club Joint Offered response and explanation on the made enquiries regarding enquiry and waiting restrictions, re-assurance offered the Order and objected to objection regarding temporary lifting of the restrictions waiting time restrictions and permits for community and sports club use; met with both Cricket and Hockey Clubs on 24th May 2016 and offered re-assurance to club members 27 Chelmsford Cricket Club Joint Offered response and explanation on the made enquiries regarding enquiry and waiting restrictions, re-assurance offered the Order and objected to objection regarding temporary lifting of the restrictions waiting time restrictions and permits for community and sports club use; met with both Cricket and Hockey Clubs on 24th May 2016 and offered re-assurance to club members

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