Agenda item

Report number PD003 by Grow the Economy – Economic Development Portfolio Holder.                                                                                                                  (Enclosure)

Decision:

The Council adopts the South Kesteven District Council Civil Enforcement Off-Street Parking Places Order 2012, as attached at Appendix 1 of report number PD003 (with the substitution of the map of Wharf Road car park, Stamford circulated at the meeting) to commence on a date to be determined by the Secretary for Transport on the approval of the application by Lincolnshire County Council for Civil Parking enforcement powers for Lincolnshire. Such an Order will be adopted to replace the South Kesteven District Council (Off-Street Parking Places) Order 2009 and the South Kesteven District Council (Off-Street Parking Places (Pay and Display) Order 2010.

The Portfolio Holder for Grow the Economy – Economic Development advised the Council that the Department for Transport had confirmed the handover of parking enforcement powers to Lincolnshire County Council would happen on 30 November 2012. In preparation, the county council was consolidating its on-street parking Orders; district councils were undertaking a similar exercise for their off-street parking Orders. Enforcement would primarily become the responsibility of local authorities however the police would retain responsibility for enforcing endorseable offences. Consultation on the draft Parking Orders for South Kesteven had taken place and no objections were received. The Portfolio Holder moved the recommendations in report number PD003, which were seconded.

An amendment to the recommendation was proposed and seconded:

1.    “I would like to propose that the first 2 hours are totally free for shoppers. To help the traders get more money coming into the town and spending time – not rushing ‘in and out’

2.    Certain car parks can be allocated only for commuters, leaving other car parks solely for shoppers.”

The Monitoring Officer confirmed that the proposed amendment was an amendment of the proposed order and could be proposed  as an amendment to the recommendation however if the amendment was approved the matter would need deferring for a fresh round of consultation on new draft Orders.

Councillors speaking against the amendment suggested that its consideration would be more appropriate as part of the review of fees and charges. The Chairman of the Resources Policy Development Group said new proposals should be put before members of this PDG for consideration.

Those speaking for the motion highlighted the potential advantages for the local economy.

In accordance with Council Procedure Rule 13(x) it was proposed and seconded that the question be now put. A vote was taken on this proposition and carried. The amendment was then put to the vote and lost.

The Grow The Economy – Economic Development Portfolio Holder agreed to amend her original proposition that the recommendation be approved subject to the substitution of the plan for Wharf Road car park in Stamford with one circulated at the meeting; the circulated map was the same as the one on which consultation took place.

Discussion ensued on the labelling of the map for the Arnoldfield car park in Gonerby Hill Foot and the potential for confusion; the sign post for Running Furrows was on the opposite side of the road to its location on the map. The map was an ordinance survey map and could not be altered. It was suggested that this could be remedied by the addition of a sign on the opposite side of the road.

One councillor questioned why Wyndham Park car park was included in Part 2 of the Order and not Part 1. Part 1 covered pay and display car parks, Part 2  covered free parking. Under Part 1 of the Order enforcement officers could enforce against the non-payment of parking charges or failing to park in accordance with the parking Order. Under Part 2, enforcement could only take place against the latter. Enforcement officers would have maps which highlighted whether car parks would be enforced under provisions in Part 1 or Part 2 of the Order.

Councillors discussed the dual role of parking officers, who would carry out enforcement work in South Kesteven on behalf of both the district and county councils. The officers would need to change their badge and the ticket book to identify the enforcement authority. Councillors questioned whether enforcement officers could wear both badges. Officers indicated that this was not possible; the enforcing authority would be clearly distinguishable. It was queried whether an enforcement officer displaying the wrong badge when issuing a ticket could invalidate that ticket; officers stated this was a potential point of challenge but would not necessarily invalidate a ticket.

Some Members questioned why Orders for Bourne were not included. The draft Orders covered Grantham and Stamford; Bourne car parks were not currently regulated under any parking Order and car parks were free so there was nothing against which to enforce.

The recommendation as modified was put to the vote and carried.