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Complaints and appeals panel

12 July 2005

TRAFFIC CALMING – THE AVENUE , NUNTHORPE

JOHN RICHARDSON Executive Director Environment and Neighbourhood Services

PURPOSE OF REPORT

  1. The purpose of this report is to consider a complaint regarding the existing Traffic Calming on The Avenue following the closure of Gypsy Lane. This report is produced in accordance with Stage 3 of the Council’s Corporate Complaints Procedure (November 2003).

BACKGROUND

  1. The Order for a Road Closure in Gypsy Lane, was passed in December 1999, by Redcar & Cleveland Council having exercised its powers as Highway Authority. Gypsy Lane was hitherto an established through route, between our respective adjacent authorities. The Council objected to the proposed closure at the time.
  1. As a result of the closure, traffic levels on the Avenue increased. In direct response, a series of traffic calming measures were introduced on The Avenue to discourage through traffic and reduce vehicle speeds. Measures were concentrated in the vicinity of the shops and the school, which were considered to be the areas of greatest risk in view of the level of cross road activity.
  1. In January 2004, the Council received a letter from Mr. R. Moore of The Avenue in Nunthorpe, expressing concern at the increase in traffic in The Avenue, and its speed as a consequence of these measures. Mr. Moore claimed, that the measures introduced by the Council, caused the traffic to speed up along the Avenue, from the point of termination of the measures and suggested some traffic management measures.

RESPONSE

  1. This complaint has, since its inception, been the subject of considerable correspondence between Mr. Moore and the Council. The Council also has on its file, copies of correspondence from Mr. Moore to the Police, and Dr. Ashok Kumar M.P. concerning the same issue.
  1. The Council’s first response covered the issues surrounding the closure of Gypsy Lane, the Council’s mitigating Traffic Management measures, comments on Mr. Moore’s proposals, and the need for priority setting for measures in context of the history of injury accident records across the whole of the town. This risk based prioritisation is common across all local authorities and is encouraged by the Government.
  1. A review of the correspondence file indicates that correspondence thereafter became protracted and widened to cover other issues associated with Mr. Moore’s property. Subsequent responses indicate that the Council’s response was consistent, and it was considered, that accident and traffic records having been studied, and that the matter having been correctly explained via correspondence, a site meeting was not required. Mr. Moore was however, invited to the office with a view to explaining in more detail, the range of road safety works within the Council’s programme, though this was declined.

THE COUNCIL’S COMPLAINTS PROCEDURE

  1. In January 2005, Mr. Moore, not being satisfied by the Council’s initial responses, requested that the issue proceed to Stage 2 of the Council’s formal complaints procedure. The investigating officer subsequently reviewed the correspondence file, met Mr. Moore on 9th February 2005, and the councils Group Leader – Road Safety and Traffic on 21st February 2005. The investigating officer produced his report on 23rd February 2005 and responded to Mr. Moore by letter on 28th February 2005 (attached Annex A).
  1. The result of the Stage 2 enquiry was consistent with what Mr. Moore had hitherto been advised.
  1. Mr. Moore thereafter requested that the matter be referred to Stage 3 of the Councils Procedure, for resolution via Complaints and Appeals Committee.

THE AVENUE - TRAFFIC INFORMATION 1999 – DATE

  1. A traffic count was taken in October 1999 on the Avenue, and shows a 24hr flow of 2620 vehicles. A further count was taken in January 2000, after the Gypsy Lane closure, which indicated that the 24hr. flow in The Avenue had increased to 4715, representing an approximate 80% increase.
  1. The mitigating measures of traffic calming and 20mph limit around the school were introduced in August 2001 produced a reduction in 24hr flow to 3807 (measured in December 2001), which has since averaged to around 3635 vehicles per day. The 85th percentile speed was identified at 21.7mph in the traffic calmed area.
  1. Cleveland Police have recently completed a vehicle count and speed survey in The Avenue, albeit in a different location. Copies of the police survey were provided by Mr. Moore. This survey indicates that outside the traffic calming measures, the 85th percentile speed is currently 32.2mph based on a 24hr survey. Vehicle flow was measured as 2732 vehicles per day, taken over three days.
  1. The enforcement of speeding vehicles is the responsibility of the police. The 85th percentile figure of 32.2 mph is less than would be enforced by the police within a 30mph limit.

VIEWS OF THE LOCAL GOVERNMENT OMBUDSMAN

  1. Mr. Moore complained to the Local Government Ombudsman in April 2005, following the line of complaint as before; i.e. that as a result of applying traffic calming to part of the Avenue, the Council had encouraged traffic to speed up in the remainder.
  1. The Ombudsman (see Annex B):
  • considered that the introduction of traffic calming measures near the school and shops to be a reasonable initial reaction by the Council
  • did not accept that any unreasonable speeding stems from any maladministration by the Council
  • did not accept that traffic speeds on Mr. Moore’s section of the road would be lower if there were no traffic calming on the north west third of the Avenue
  • considered that the policy adopted by the Council in prioritising requests according to the highest number of recorded injury accidents a very reasonable approach and again saw no maladministration.

PROPOSALS

  1. There are no proposals at this time for any further traffic calming measures in the Avenue.

FINANCIAL CONSIDERATION

  1. There are no financial implications with this report.

SUMMARY

  1. The closure of Gypsy Lane, by Redcar & Cleveland Council lies at the heart of Mr.Moore’s complaint. The measures taken by the Council to mitigate the subsequent increase in traffic were seen as being a reasonable reaction by the Ombudsman. The traffic surveys indicate that as a result of the measures, traffic flow reduced and the 85th percentile speed was within acceptable limits. The Ombudsman found no evidence of maladministration on the Council’s part in introducing traffic calming measures in part of the Avenue.

RECOMMENDATIONS

  1. It is recommended that Members :
  • Note the views of the Ombudsman
  • Dismiss the complaint.

BACKGROUND PAPERS

Middlesbrough Council Traffic Counts and Speed Survey

Police Traffic Count and Speed Survey (provided by Mr. Moore)

Ombudsman’s letter of 7th June 2005

AUTHOR

Ian Busby, Highway Services Manager – Transport & Design Services

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