To propose changes to the determination of sustained objections made in respect of proposals to introduce Traffic Regulation Orders and Traffic Calming and Pedestrian Crossings.     

The Corporate Director Communities reported on proposed changes to the determination of sustained objections made in respect of proposals to introduce Traffic Regulation Orders and Traffic Calming and Pedestrian Crossings.

 He informed Cabinet of the process for the making of Traffic Regulation Orders (TROs) and on the consultation requirements to be followed by the Order Making Authority (OMA).  He also informed Cabinet of the process for the introduction of Traffic Calming/Pedestrian Crossings.  Objections which are sustained relating to these matters are currently determined in this authority in the same manner as TROs, however in respect of these provisions no Order is made.

 He reported that in this authority sustained objections to TROS and Traffic Calming and Pedestrian Crossings are determined by the Appeal Panel process which involves:  

·             A panel of 3 local members being formed and scheduled to meet which due to calendar commitments can take several weeks to arrange as the panel needs to be supported by legal and democratic services officers.  

·              Objectors are invited to attend to present their case. 

·              Panels may request more information and then a panel reconvened.

 This means that the introduction of new traffic proposals may be delayed for several months whilst arrangements are made for setting up and supporting the process.  He stated that this is resource intensive when compared to that adopted by other Order Making Authorities.  An approach was made the County Surveyors Society for Wales Traffic Services Group has been approached to provide information on the process adopted by other OMAs in Wales and the information provided was considered together with relevant legislation / circulars. 

 He reported on a proposal to amend the process for determining objections to TROs/Traffic Calming and Pedestrian Crossings from the Appeals Panel process to a delegated function of the Cabinet Member –Communities. 

Amendment to Scheme of Delegations and that that new paragraphs 3.5 and 3.6 be added to Scheme A of the Scheme of Delegation of Functions as functions allocated to the Cabinet Member – Communities.

 The Cabinet Member Communities commented that the current process can lead to delays and that it needs to be more efficient.  The Cabinet Member Wellbeing and Future Generations requested that the process be refined to permit verbal representations in exceptional circumstancesand to ensure accessibility for those citizens who are unable to make written representations.
    

 RESOLVED:            That Cabinet:

(1)    Approved the adoption of the process outlined at paragraph 4.10 of the report;

(2)  Approved the amendment to the Scheme of Delegation of Functions as outlined at paragraph 4.11 of the report;

(3)  Noted that the decision made in respect of a sustained objection will be published by the Democratic Services Section and subject to Call-in;

(4)    Noted that the Council’s Constitution will be amended at Part 3 to remove the TRO functions from the responsibility of the Appeals Panel;

Approved that verbal representations will be permitted as part of the process in exceptional circumstances and noted that the Council will consider its duties under the Equality Act 2010.