THECABINET
28 NOVEMBER2016
Subject:Variationto Stratford-on-Avon DistrictCouncil’s
(Off Street Parking Places) Order2013–Consideration of Representations and Objections
LeadOfficer:OllyScholefield
Contact on 01789260884
LeadMember:CouncillorMikeBrain
Summary
A review of Stratford-on-Avon District Council’s (Off Street Parking PlacesOrder) 2013 (OSPPO) has identified that it requires amendments to ensurethatit remains fit for purpose. The report below details the proposed variationsandseeks The Cabinet’s approval to incorporate them into theOSPPO.
Recommendations
(1)To consider the representation in 2.2 and approve the proposed recommendationin 2.3;and,
(2)Subject to recommendation (1), to authorise the HeadofTechnical and Community Services, in consultation withthePortfolio Holder for Community and Technical Servicesto issue the ‘Notice of Making’ and implementthechanges to theOSPPO.
1Background/Information
1.1On 10October 2016 The Cabinet approved the issuing of a Notice of Proposal to vary Stratford-on-Avon DistrictCouncil’s (Off Street Parking Places) Order2013 for Sheep Street Car Park and to include Venture House Car Park in the Order.
1.2A statutory consultation period of 28 days, from 11 October to 10 November 2016 was carried out to advertise the proposed variations.
2Representations and Objections
2.1One objection was submitted, fromThe Avenue Sports & Social Club in a letter that was read out by the Chairman of The Cabinet during the meeting on 10 October 2016.
2.2In summary, the points raised by the Social Club are:
- The proposed ‘permit only’ arrangements would have a detrimental impact on the Social Cluband other businesses in the area.
- To date, the Social Club has ‘enjoyed free use of the whole car park’.
- There is no requirement for the new arrangements to apply 24 hours a day from Monday to Sunday given that Venture House is used during office hours. The Club has requested that permit-only be applied 9.00am to 5.00pm Monday to Friday.
- The proposed arrangements would allow Council staff to use the car park which the Social Club feel is inappropriate.
2.3In response to the points raised above, officers can provide the following information:
- The car park has been proposed as permit only to provide adequate spaces for tenants of and visitors to Venture House. We are not obliged to provide parking for other businesses in the vicinity. It is the other businesses currently using the car park that restricts the ability of Venture House tenants and visitors to park in front of the building;
- Tenants of Venture House have the right to use the building outside of normal working hours and, as such, asmaller number of parking spaces are required during these periods;
- Council staff can use the parking spaces only if they are working at or visiting Venture House. It is not a carte blanche for Council staff to use the car park for any purpose;
- The Social Club has been provided with permits to allow them use of the four spaces directly in front of the Club. In addition, it is proposed that they be permitted to use spaces in the main Venture House car park, if required, outside of normal working hours; and,
- It is proposed that the above permit arrangements for the Social Club are monitored and reviewed to ensure that they do not have a negative impact on either the Club’s livelihoodor on the tenants and visitors of Venture House.
2.4No other representations or objections were submitted for Venture House and
no representations or objections were received for the proposed variation to
Sheep Street Car Park.
3Options available to TheCabinet
3.1The Cabinet can approve the proposed recommendations in 2.3;or
3.2The Cabinet may reject these recommendations or proposed alternative/additionalarrangements subject to any legalimplications.
4Implications of theproposal
4.1Legal/Human RightsImplications
4.1.1Under section 32 of The Road Traffic Regulation Act 1984 the Councilhaspowers to enable it to provide off-street parking places. TheCouncil canchoosetouseitslandasanoff-streetcarparkandcanchooseto stopdoingso.
The Council can also choose whether to regulate the use of that car park through an Off Street Parking Order which gives it chargingandenforcement powers. The subsequent removal of parking controlsissubject to a statutory notice/objection process and the dueconsiderationof any objectionsreceived.
Officers have sought legal advice from an external legal consultant to confirm that the proposed amendments are in accord withrelevantparkinglegislation.
4.2 Financial
4.2.1Costs associated with advertising and adopting theseamendments willbe
met by existing revenuebudgets.
4.2.2There is no expected change in the Council’s revenue fromparkingcharges as a result of theseamendments.
5.3Environmental
5.3.1There are no environmental implications associated with thisreport.
5.4Corporate Strategy
5.4.1Supports Aim 1 – A flourishing local economy.
5.5Analysis of the effects on Equality
5.5.1No formal Equality Impact Assessment has been undertaken; howeveritis not expected that these amendments will adversely affectdisabledusers of either car park included in thisreport.
6Risk Assessment
6.1Officers have considered risk associated with these amendments. Thekeyriskischallengefromusersofbothcarparksweretheytoparkin contraventiontothenewarrangements.Areviewofthevariations,in terms of compliance with parking legislation, has given confidencethatthe variations are compliant and any Penalty Charge Notices(PCNs)issued would, as far as is foreseeable, stand up againstappeal.
6.2 There is a potential negative reputational damage if the Council doesnot effectively tackle the issues of illegal parking in carparks.
7Conclusion
TheOffStreetParkingPlacesorderneedstobevariedtoensureitiscurrent and fit for purpose. The creation of a Venture House car parkandareviewoftheuseofSheepStreetRearAccesscarparkhasgiventheCounciltheopportunitytobringinthesechangestoensuretheOSPPOensuresthesecarparksareusedappropriatelyandallowsforeffectivemanagement and parkingenforcement.
TonyPerks
HEAD OF TECHNICAL AND COMMUNITYSERVICES