Agenda item

Report LDS199 of the Business Manager – Legal & Democratic Services

(Enclosure)

The Business Manager – Legal & Democratic Services presented report number LDS199 on the draft South Kesteven District Council Civil Enforcement Off-Street Parking Places Order 2017 (“new Parking Order”).

The purpose of the report was to provide Members with an opportunity to understand the proposed new Parking Order and provide feedback before making a recommendation to the Executive that the Council goes out to consultation on the proposed new Parking Order in accordance with the relevant Regulations.

Members were informed that the Council had identified potential safety issues for both pedestrians and other road users on land off St. Catherine’s Road, Grantham at the rear of Welham Street car park due in part to unregulated car parking.  It was proposed that the new Parking Order would amend the existing Parking Order; South Kesteven District Council Civil Enforcement Off-Street Parking Places Order 2012 (“Existing Parking Order”).  The amendments were highlighted in red on the tracked changed document at Appendix 2 of the report.

An overview of the rationale for seeking to introduce a new parking order was provided:

a)          A new Parking Order would include a further area of land edged red on plan F in Appendix 1, known as land off St. Catherine’s Road and situated at the rear of Welham Street Car Park. The new Parking Order would provide for a maximum of two disabled parking spaces free of charge, provided the disabled clock and badge were displayed in a conspicuous place in the vehicle and the other provisions of the new Parking Order were adhered to.

b)          A new order would also provide an opportunity to include reference to Cashless Parking Prepayment Scheme.  Although not necessary for enforcement purposes it would be a way of ensuring further clarity and would remove any doubt around those circumstances where enforcement action may be taken.

c)          Under the Road Traffic Regulation Act 1984, Local Authorities had the power to regulate the use of off-street parking places by way of a Parking Order providing that consultation was carried out with the statutory bodies (Freight Transport Association, the Road Haulage Association, the Chief Officer of Police and the local Highway Authority – Lincolnshire County Council) and the general public.  The consultation had to be in accordance with the Local Authorities Traffic Orders (Procedure) (England and Wales) Regulations 1996.  The consultation would consist of sending a copy of the new Parking Order to statutory bodies, publishing a notice of the proposals in the local newspaper circulated in the area to which the Order relates.  A notice would also need to be placed in the affected areas.  The same notice and a copy of the new Parking Order would be available for inspection at the Council’s Customer Service Area.

The Business Manager Venues and Facilities noted the comment regarding the timing of issuing and re-issuing parking permits and said he would follow this up.

Further comment was also made regarding the Car Parking Strategy and whether a summit similar to the recent housing summit should be undertaken for all Members to have an input into a new Strategy bearing in mind their knowledge of their particular area of the District.

Recommendation:

Following consideration of the draft South Kesteven District Council Civil Enforcement Off-Street Parking Places Order 2017 (“new Parking Order”), the Resources PDG recommends to the Executive that the Council goes out to consultation in accordance with the relevant Regulations.