Devon County Council (Various Roads, Exeter) (Control of Waiting & Loading) Amendment Order

Devon County Council has advertised a Traffic Regulation Order containing a number of new parking restriction across Exeter – with the snappy title Devon County Council (Various Roads, Exeter) (Control of Waiting & Loading) Amendment Order

Statement of reasons
The restrictions are being proposed to resolve minor local issues that have been reported to the Council and considered as part of the Exeter Highways and Traffic Orders Committee annual local waiting restrictions programme. Specific details of what is proposed at each location can be found within the deposit documents.

The restrictions are proposed to avoid danger to persons or other traffic using the road or for preventing the likelihood of any such danger arising, for facilitating the passage on the road or any other road of any class of traffic (including pedestrians) and to preserve/improving the amenities of the area through which the roads run.

Draft order, plans & statement of reasons may be seen during usual office hours at the address below in main reception & Exeter City Council Customer Service Centre, Paris Street. Draft order, order being amended & statement of reasons at http://www.devon.gov.uk/traffic-orders from 08 December until 05 January.

Objections & other comments specifying the proposal & the grounds on which they are made must be in writing to the address below or via http://www.devon.gov.uk/traffic-orders to arrive by 05 January 2017. Receipt of submissions may not be acknowledged but those received will be considered. A reply will be sent to objectors if the proposal goes ahead. If you make a submission this will form part of a public record which may be made publicly available.

08 December 2016
Reference IMR/B13560-5555
County Solicitor, County Hall, Topsham Road, Exeter EX2 4QD

In West Exe, the plans affect the following streets:

Alphington & Cowick
Introduction of No Waiting At Any Time in specified lengths of: Aldens Road, Barley Farm Road, Barley Lane, Berkshire Drive, Bowhay Lane, Buddle Lane, Corn Mill Crescent Spur leading to numbers 8-20, Corn Mill Crescent Spur leading to numbers 9-25, Corn Mill Crescent, Courtenay Gardens, Courtenay Road, Cotfield Street, Eton Walk, Fairfield Road, Fortescue Road, Gabriels Wharf, Hatherleigh Road, Marsh Green Road North, Percy Road, Southport Avenue, Water Lane and Wheatsheaf Way.

Exwick & St Thomas
Introduction of No Waiting At Any Time in specified lengths of: Addison Close, Ashleigh Mount Road, Barton Road, Brentor Close, Burrator Drive, Church Path Road, Cleve Road, Coventry Road, Cowick Lane, Exwick Road, Farm Hill, Garland Close, Gloucester Road, Guildford Close, Hayes Barton Court, Kinnerton Way, Larch Road, Maple Road, Meadowbrook Close, Medley Court, Moorland Way, Princes Street North Access Road between numbers 14 & 16, Redhills, Rowan Way, Stafford Road, Wardrew Road and Winchester Avenue;

Introduction of Residents Parking At Any Time Zone B in a specified length of Beaufort Road.

More detailed plans for St Thomas

Schedule 1.001 No Waiting At Any Time

Barley Farm Road, Exeter
(i) both sides from its junction with Barley Lane for a distance of 9 metres in an easterly direction

(ii) the north side from its junction with Berkshire Drive for a distance of 8 metres in a westerly direction

(iii) the south side from its junction with Berkshire Drive for a distance of 11 metres in a westerly direction

env5555-057-barley-farm-road

Barley Lane, Exeter
(i) the east side from a point 8 metres north of its junction with Barley Farm Road to a point 8 metres south of that junction

(ii) the south-west side from its junction with Eton Walk for a distance of 15 metres in a north-westerly direction

(iii) the south-west side from its junction with Eton Walk for a distance of 13 metres in a south-easterly direction

Buddle Lane, Exeter
The north-west side from a point 140 metres south-east of its junction with Newman Road in a southerly direction to a point 4 metres north of its extended northern building line of number 50 Buddle Lane including the eastern side of the traffic island

env5555-039-church-path-road

Beaufort Road, Exeter
The north-east side from its junction with Queens Road for a distance of 7 metres in a north-westerly direction

env5555-035-beaufort-road

Berkshire Drive, Exeter
(i) the east side from a point 3 metres north of the boundary of Nos. 28/30 Berkshire Drive for a distance of 15 metres in a northerly direction

(ii) the west side from a point 8 metres south of its junction with Barley Farm Road to a point 7 metres north-east of that junction

env5555-071-berkshire-drive

Bowhay Lane, Exeter
The north-east side from a point 8 metres south-east of its junction with Kerswill Road toa point 6 metres north-west of that junction

env5555-037-bowhay-lane

Buddle Lane, Exeter
The north-west side from a point 140 metres south-east of its junction with Newman Road in a southerly direction to a point 4 metres north of its extended northern building line of number 50 Buddle Lane including the eastern side of the traffic island

env5555-008-buddle-lane

Church Path Road, Exeter
(i) the north-west side from its junction with Barton Road for a distance of 3 metres in a south-westerly direction

(ii) the south side from its junction with Cowick Lane for a distance of 8 metres in an easterly direction

(iii) the south side from its junction with Larch Road for a distance of 3 metres in a westerly direction

env5555-039-church-path-road

Cowick Lane, Exeter
The south-east side from a point 11 metres north of its junction with Parkhouse Road to a point 10 metres south of its junction with Church Path Road

Eton Walk, Exeter
(i) the north-west side from its junction with Barley Lane for a distance of 75 metres in a south-westerly direction

(ii) the south side from its junction with Barley Lane to a point 30 metres west and south-west of its junction with Furze Court

env5555-079-d-eton-walk

Kerswill Road, Exeter
(i) the north-east side from a point 1 metres south-east of the south-eastern boundary wall of 21 Kerswill Road for a distance of 32 metres in a north-westerly direction

(ii) the south-east side from its junction with Bowhay Lane for a distance of 3 metres in a north-easterly direction

(iii) the south-east side from a point 26 metres north-east of its junction with Bowhay Lane for a distance of 23 metres in a south-easterly and north-easterly direction

env5555-037-bowhay-lane

Maple Road, Exeter
Both sides from its junction with Wardrew Road for a distance of 5 metres in an easterly direction

env5555-049-maple-road

Princes Street North Access Road Between Numbers 14 & 16, Exeter
Both sides from its junction with Princes Street North for the entire length of public highway

env5555-067-princes-street-north

Stafford Road, Exeter
Both sides from its junction with Wardrew Road for a distance of 4 metres in a westerly direction

env5555-053-stafford-road

Wardrew Road, Exeter
(i) the east side from a point 5 metres north of its junction with Maple Road to a point 5 metres south of that junction

(ii) the west side from a point 4 metres north of its junction with Stafford Road to a point 4 metres south of that junction

Schedule 6.007 Residents Parking At Any Time Zone B

Beaufort Road, Exeter
The north-east side from a point 7 metres north-west of its junction with Queens Road for a distance of 52 metres in a north-westerly direction

env5555-035-beaufort-road

FOI Request 3216696 | The cost of a Traffic Regulation Order

Over the past 4 years  as a councillor, I have spent a couple of years on and off sitting on Exeter Highways and Traffic Orders Committee [HATOC].

The remit of Exeter HATOC is set out in Part 3 of Devon County Coucil’s Constitution.

Under the terms of reference 9.17, Exeter HATOC has the power – within the general strategy, polices and operating procedures of DCC – to exercise various powers of the Highway Authority delegated by the Cabinet, including:

(3) To approve details and implement Traffic Regulation Orders, and schemes for the control of parking on the highway and to be involved in the development of proposals for park and ride schemes.

A Traffic Regulation Order [TRO] is a written legal document made under the Road Traffic Regulation Act 1984 and all other enabling powers, by the Local Authority under its powers as a Highway Authority to support any enforceable traffic or highways measures including: speed limits, on-street parking, one way streets and other restrictions.

Failure to comply with the requirements of a TRO , as indicated by signs or road markings, is an offence that may result in the issue of a Penalty Charge Notice, by a Civil Enforcement Officer, or prosecution by the Police.

Most traffic regulation orders come about as a result of input from local communities and the police, to address specific traffic congestion or quality of life issues.

The Order Making Process
A formal TRO requires a statutory procedure to be followed. This includes:
1. Consultation – Following the completion of the design, consultation must be undertaken. This will require obtaining the views of Local Councillors and Parish Councils (where appropriate), the Emergency Services and sometimes other institutions such as The Freight Transport Association, The Road Haulage Association and local public transport operators. Local interest groups such as residents, traders and community groups who are likely to be affected by the proposals may also be consulted where appropriate. The proposal could then be amended following consultation.

2. Advertisement of the TRO then takes place. This includes at least one notice in the local press. DCC will usually display notices in any roads that are affected and, if it is deemed appropriate, may deliver notices to premises likely to be affected. For at least 21 days from the start of the notice the proposal can be viewed at a nominated council office during normal office hours. Objections to the proposals and comments of support must be made in writing to the address specified in the notice or submitted online during this period. Substantial objections and contentious issues are then reported to and considered by Local Councillors. When considering the objections they must decide whether to (a) allow the scheme to proceed as advertised, (b) modify the scheme, or (c) abandon it.

3.Making the Order – The TRO can then be formally sealed providing all standing objections have been considered. Modifications to the proposals resulting from objections could require further consultation. This procedure can take many months to complete and the advertising and legal fees can be substantial. For this reason schemes requiring a TRO normally need to be included in the annual Capital Programme and cannot be carried out on an ad hoc basis.

Occasionally temporary orders or experimental orders are introduced which require a slightly different process which still gives people an opportunity to put forward their views.

Temporary Orders may be used when works affecting the highway require short-term traffic restrictions.

Experimental Orders are used in situations that need monitoring and reviewing. These usually last no more than eighteen months before they are either abandoned, amended or made permanent.

Parking TROs
In May 2008 Devon County Council took over responsibility for the enforcement of parking restrictions and to assist with this all parking restrictions were consolidated into one countywide TRO.

Changes to this consolidation order are made through amendment orders. These amendment orders can change the articles (legal definitions of the restrictions) and/or the schedules (location descriptions).

See more at: http://www.devon.gov.uk/traffic-orders.htm#sthash.RGSXhXO9.dpuf

To search Devon County Council traffic orders and  make a comment about a traffic order please use the online traffic order search.

At Exeter HATOC, we are alway being told how expensive it is to draw up a Traffic Regulation Order and so I made the following Freedom of Information Request to Devon County Council:

I am interested in the component parts of drawing up a TRO and then implementing it

I realise that these costs will differ for different scheme, so I would like a such breakdown to look at a specific example of
Devon County Council (Various Streets, Exeter) (Control of Waiting) Amendment Order 2014

I would be grateful if the breakdown could include:
1) officer time drawing up the scheme

Officer time has not been recorded on this scheme but below is an example of charge-out rates for staff working on TROs.

Technician Range E                        £31 per hour
Senior Technician Range F          £37 per hour
Senior Officer Range H                 £48 per hour

The above rates for small non-complicated TRO (approx £700). If Committee reports and presentations are required then costs will rise accordingly.

2) costs involved with advertising the scheme

£764.49

3) costs involved with signage and painting yellow lines

£1,257.24

Screen shot 2015-07-26 at 19.04.20
FOI Request 3216696 | The cost of a TRO

SAE | An update on traffic management

When planning permission was granted to Steiner Academy Exeter on 08 July 2015, there were some conditions attached to deal with concerns connected with traffic management.

5)  Unless otherwise agreed by the Local Planning Authority in writing no part of the development hereby approved shall be brought into its intended use until

(i) the access, parking facilities, turning area and associated road markings have been provided in accordance with details that shall have been submitted to, and approved in writing by, the Local Planning Authority, and

(ii) the applicant has entered into a Section 106 Agreement, or equivalent arrangement, with the County Council to secure the making of a Traffic Regulation Order relating to the road markings referred to in (i) above.

Thereafter those items referred to in (i) above shall be retained for the intended purpose at all times.
Reason : To ensure that a safe and suitable access is provided for all users to the site, in accordance with paragraph 32 of the National Planning Policy Framework.

6)  The School Travel Plan prepared by RPS Planning and Development Ltd on behalf of the Education Funding Agency, and submitted in support of this application, shall be implemented in full upon commencement of the development hereby approved.

Thereafter it shall be reviewed on an annual basis in accordance with the provisions set out in Section 4.3 of the document. Any amendments identified in the annual review shall be submitted to and agreed in writing by the Planning Authority and shall thereafter form part of the approved plan.
Reason – To ensure that the development is implemented in such a way as to minimise the highway impact of the development and encourage the use of sustainable modes of transport

During the process of approving planning application 13/3219/03, SAE clarified elements of traffic management within a Supplementary Planning Statement on 01 July 2013.

Yet still the ward councillors for Exwick are often contacted by local residents with unresolved issues about the traffic management.

I’ve visited the site with those local councillors on numerous occasions.

On one visit – a wet autumn morning – many cars arrived close or after the school start time. Was this due to traffic congestion elsewhere across the city?

Some other observations:

Traffic Regulation Order
SAE were required by  Section 106 Agreement to enter into an agreement with Devon County Council to secure the making of a Traffic Regulation Order [TRO] for school zig-zag markings.

yellow-zig-zag-lines
Yellow zig zag lines outside of a school

I see the yellow zig-zags – but what I don’t see is one of these:

Yellow zig-zag school sign
Yellow zig-zag school sign

Yellow zig zag lines without such a sign to accompany them do not have a Traffic Regulation Order giving the local council powers to issue PCN fines. Therefore it is technically legal to park on yellow zig zag lines without signs at any time.

However, these zig zag road markings are placed there to advise motorists not to wait or park on these lines for the safety of children and although the local council do not have the powers to enforce penalties, police frequently issue tickets on the grounds of causing an obstruction – either to other motorists or pedestrians.

So what DID happen to the TRO to make the markings mandatory – and therefore enforceable?

And the result – motorists not only waiting on these zig-zigs, but parked up as the driver takes their child into the school.

Advisable drop off points and routing
In the Parent’s Handbook, SAE are hope that the people of Foxhayes and Exwick experience the school as good neighbours during the two years on the temporary site. To this end they urge all parents, as far as possible, to limit car journeys to and from the site, especially at drop-off and pick-up times.

SAE provide all parents with additional guidance on parking, car share schemes, walking buses and the use of the site’s pedestrian entrances  and the school’s website highlights parking and drop-off points.

Staff Marshalling and Traffic Management
There is constant reference in the Parent’s handbook and on the website that the school entrance does not allow for stopping. The school places  an A-board at the entrance to reinforce this fact.

Yet on each and every site visit, I saw vehicles stopping to drop off children.

On one occasion, Alan Swindell [SAE Principal] was marshalling traffic, yet still parents stopped at the entrance to talk him – even though I was standing next to him in a yellow fluorescent jacket and he was telling the parent why I was there.

And another time, a senior member of staff only came out the marshall the traffic when I turned up with local councillors.

Walking Bus
Throughout the planning application process, councillors were told that walking to school was a basic Steiner concept. Indeed, one parent told me that if Mr Swindell said that was the case, then children would walk in walking buses from the designated drop-off points.

So it was somewhat disappojnting to find that the walking bus was discontinued due lack of take-up of the offer!

2015-03-28 12.25.20
Parking notice on school gates

Double yellow lines in Cowick…also Alphington and St Thomas

As Highways Authority, Devon County Council has responsibility for double yellow lines in Exeter.

Getting double yellow lines is an expensive legal process – they need to have a Traffic Regulation Order [TRO] drawn up and sealed for the lines can be painted. The TROs need to be advertised and local residents consulted. Costs may vary but could be around £1000 for an advert plus marking of £500, subject to area and length.

For this reason many double yellow lines are advertised in one single TRO.

I know that that I received comments about  difficulties caused by the P bus terminus at Crossmeads I and talking to other councillors across West Exe, I have made the following suggestions to DCC:

1) Barley Lane opp the bus stop outside Sylvan Heights (maybe also around the speed cushions) – to deal with safety problems highlighted by a local resident.

2) The bend on Cowick Lane – currently the subject of e-mails to Cllr Heather Morris and myself

3) Some of the junctions iin and around Coverdale Avenues – again to address safety issues raised by local residents.

4) Fernadale Road/Chieftain Way junction

In addition, I feel there may be a need to look at traffic exiting Larch Road into Church Path Road. The lower part of Church Path Road is one-way, but traffic is allowed to turn left out of Larch Road.

There is perceived safety issue here and I would like to propose that Church Path Road is made one-way along its complete length [similar to all the other roads in this stretch off Cowick Lane] and there is a no left turn out of Larch Road.

Together these concerns affect Cowick, Alphington and St Thomas.

Parking on corners

I and many councillors have been contacted about parking on corners and I believe it is becoming a more frequent issue around the city.

Rule 243 of the Highway Code outlines where you can and cannot stop or park

DO NOT stop or park:

  • near a school entrance
  • anywhere you would prevent access for Emergency Services
  • at or near a bus or tram stop or taxi rank
  • on the approach to a level crossing/tramway crossing
  • opposite or within 10 metres (32 feet) of a junction, except in an authorised parking space
  • near the brow of a hill or hump bridge
  • opposite a traffic island or (if this would cause an obstruction) another parked vehicle
  • where you would force other traffic to enter a tram lane
  • where the kerb has been lowered to help wheelchair users and powered mobility vehicles
  • in front of an entrance to a property
  • on a bend

So how to enforce the “DO NOT stop or park opposite or within 10 metres (32 feet) of a junction, except in an authorised parking space”?

I have been told by the ECC Parking team that Civil [Parking] Enforcement Officers [CEO] that they will enforce and issue Penalty Charge Notices  if there are double yellow lines around the corners. I am encouraged that the some CEOs will patrol some of the locations I’ve highlighted to see what they can do about the problem.

If there are no restrictions then it’s up to the police to issue fines for obstruction.

Perhaps I might need to work with residents to lobby Devon County Council [DCC] drawn up Traffic Regulation Orders [TROs] to  add the relevant restrictions to give ECC CEOs the tools to enforce?

But that’s not going to be easy, though. And certainly not speedy.

The average cost of preparing, advertising and sealing such a TRO , along with signs and lines, is £2500

At the Devon Council Council [DCC] Cabinet meeting on 14 November 2012, Cllr Brian Greenslade [LD, Barnstaple North] asked a written question:

QUESTION(S) FROM MEMBER(S) OF THE COUNCIL
14 November 2012/Minute *567
1. QUESTION FROM COUNCILLOR GREENSLADE
Re: Traffic Regulation Orders
I have been informed by Officers that no new traffic orders (TRO s) can be progressed this year because of lack of capacity. Would the Leader not agree that illustrates my previous point about local capacity within the County Council following the significant level of cuts and more to the point, what does he intend to do about it?

REPLY BY COUNCILLOR HUGHES
As part of the restructuring of Highways and Traffic Management a new central dedicated team responsible for managing the County’s Traffic Regulation Orders (known as TROs) has been established. There is reduced capacity in this group which has had to take its share of reducing staff numbers in order to make necessary savings.

However, there has always been a backlog in dealing with TROs. The new team is more structured and is focused on ranking TROs to ensure that those which are most important are dealt with first; a prioritised programme of TROs is therefore now being systematically worked through.

Where possible additional resources are commissioned to deliver externally funded work. A more business-like approach is being taken in the delivery of TROs and this is reducing the backlog.

There are issues where locally important TROs do not feature highly enough in the prioritised strategic programme to be delivered quickly. In such circumstances the team may commission consultants to deliver these locally important TROs.

So it seems the only way these parking  TROs area will be introduced is where the local County Councillor has agreed to fund the costs from the locality budget.

That’s the next challenge.

 

HGVs in bus lanes

The meeting of the Exeter Highways and Traffic Orders Committee [HATOC] held on 19 April 2012 received a report on the issue of HGV movements around the city.

The report highlights that HGVs are currently able to use some bus lanes in the city. By keeping larger vehicles such as buses and HGVs moving, it helps reduce the impact of emissions on air quality.

The report went on to recommend that a consistent approach is adopted across other city centre radial routes to help manage congestion and improve air quality and proposed advertising a Traffic Regulation Order [TRO] to amend the Cowick Street, Fore Street Heavitree and Pinhoe Road bus lanes to allow HGVs to use them during their times of operation

Minute 130   records that it was RESOLVED:
(b) that traffic regulation orders to revoke the Exeter wide lorry ban and to allow HGVs in bus lanes on Cowick Street, Fore Street (Heavitree) and Pinhoe Road at an estimated cost of 15,000 be advertised and made and sealed if there are no significant objections;

As you can image, this sparked some debate at last night’s meeting of Exeter Cycle Forum!

The immediate reaction was that, because Exeter’s bus lanes are mostly too narrow, any HGV that was behind a bicycle would not be able to overtake. Members of the Forum felt there is more danger where the width encourages dangerously close passing.

Also, most cyclists who were there felt that HGV drivers are so used to not being allowed into bus lanes in every other city that they don’t actually realise there are Exeter bus lanes where this is permitted.

All were pleased to be able to contribute to the proposed consultation when the TRO was advertised.

These views are summarised in the minutes of the meeting.