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Decision details
Approval for temporary modification of consultation measures for Traffic Regulation Orders
Decision Maker: Samantha Howell (Director - Highways & Transport)
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Decision:
To approve the proposed temporary measures for
consulting on Traffic Regulation Orders (TROs) in response to
concern about the ability to implement the publicity requirements
when making permanent TROs during the Covid19 crisis.
Reasons for the decision:
This decision would in other circumstances be
taken by Cabinet. However, in circumstances where the Cabinet is
unable to meet to expedite its functions in a timely manner during
the COVID-19 pandemic, this decision is being taken in accordance
with the power referred to under background below in consultation
with the Cabinet Member for Highways, Transport and Waste. This
decision will be reported to the next meeting of the Cabinet. The
relevant legislation is the Road Traffic Regulation Act 1984
(‘the 1984 Act’), the Secretary of State’s
Traffic Orders (Procedure) (England and Wales) Regulations 1990
(‘the 1990 Regulations’), the Road Traffic (Temporary
Restrictions) Procedure Regulations 1992 (‘the 1992
Regulations’) and the Local Authorities Traffic Orders
(Procedure) (England and Wales) Regs 1996 (‘the 1996
Regulations’). The Traffic Orders Procedure (Coronavirus)
(amendment) (England) Regulations 2020 (‘the 2020 Traffic
Order Regulations’) which came into force on 23 May 2020 (to
apply until 30 April 2021) which temporarily amends 1990
Regulations, the 1992 Regulations and the 1996 Regulations. There
is also an updated Department of Transport Guidance for the making
of traffic orders during the pandemic dated 29 June 2020.
Traffic orders can be permanent, temporary or experimental and the
2020 Traffic Order Regulations sets out an emergency procedure for
temporary orders and amends the publicity requirements for
permanent, experimental and other traffic orders. The amendments
formally allow for alternative publicity, inspection and on site
posting of notices. The alternative arrangements for non-emergency
orders will apply to all temporary, permanent and experimental
orders regardless of whether they relate to coronavirus. If a local
print newspaper remains in circulation, the order will still need
to be published (in order to follow the government’s
objective of supporting local independent news).
TRO Process pre Covid19
When TROs are proposed they are advertised (within a locally
circulating newspaper) and put out to a statutory public
consultation. As part of this standard approach, with each
permanent TRO that is proposed, site notices are placed on the
affected road(s), providing general details of the proposal
alongside an indicative plan. The site notice also contains details
on how to comment and view further information. The site notices
remain in place for the duration of the consultation period (a
minimum of 21 days).
Deposit documents are placed for public inspection in the main
reception at County Hall as well as being placed at the nearest
library to the area likely to be affected by the proposals. Details
of both are contained within the press notice and the site
notice(s). Full consultation documents are also placed on the
website, which allows for comments to be submitted online for all
proposals.
Main issues experienced by the authority
Posting notice of the Order on the affected roads
Regulation 7(1)(c) of the 1996 Regulations states that an order
making authority shall, before making an order:
c) take such other steps as it may consider appropriate for
ensuring that adequate publicity about the order is given to
persons likely to be affected by its provisions and, without
prejudice to the generality of this sub-paragraph, such other steps
may include –
(ii) the display of notices in roads or other places affected by
the order; or
(iii) the delivery of notices or letters to premises, or premises
occupied by persons, appearing to the authority to be likely to be
affected by any provisions in that order.
Regulation 17(4) states:
(4) The Order making authority shall take such other steps of the
kinds referred to in regulation 7(1)(c) as it considers appropriate
for the purpose of ensuring that adequate publicity is given to the
making of the order. During the Covid crisis it may, in some
circumstances, be inadvisable for staff to post site notices. In
such circumstances and as acknowledged by the DfT, the regulations
allow some discretion in publicising permanent orders, noting that
an authority is required to “take such other steps as it may
consider appropriate for ensuring that adequate publicity…
is given to persons likely to be affected.” This would
include cases where it is not reasonably practicable, for reasons
connected to coronavirus, to post notices on site, or make
documents available for inspection at specific office locations
making appropriate alternative arrangements for ensuring the
documents are available for inspection, or posting notices on
site.
This may include online publication, or providing alternative means
for inspection of documents.
Making deposited documents available for public inspection at
council offices
Schedule 2 of the 1996 Regulations states:
…[relevant documents]… must be made available for
inspection at the principal offices of the authority during normal
office hours and at such other places (if any) within its area as
it may think fit during such hours as it may determine for each
such place.
Public Health England’s advice on social distancing and
avoiding non-essential trips has led to Wiltshire Council’s
office being closed. DfT guidance states that where
authorities’s offices are closed they should consider
alternative arrangements that could achieve the same result for
example use of online publication, or providing alternative means
for inspection of documents.
Proposals during government restrictions
Both of these issues can be addressed with the same approach:
• Publish information of TRO proposals on Wiltshire
Council’s social media (Twitter and Facebook), directing
readers to Wiltshire Council’s website for further
information and details on how to comment.
• Publish on the ‘Our Community Matters’ website,
managed by the Area Boards. This resource can be accessed by
members of the public. The post could include a link sign posting
to the consultation page.
• Utilise the Wiltshire Council Newsletter to the public; to
include within the newsletter either details of individual
proposals or include something on a reoccurring basis that if
people wish to keep up to date with current TRO proposals to visit
the TRO consultation page along with the link.
• On the front page of the website, the webteam are looking to
add under the ‘Popular Tasks’ section a link to give
easier access to information on TROs
The above proposals will be used to help full inform the public and
to assist and enable the public to view the full consultation
documents, thereby adhering to the recommendations set out in the
DfT guidance.
11. I confirm that in making this decision I have considered the
following in line with Wiltshire Council’s
Constitution:
Key decision requirements: Yes
Views of relevant cabinet member(s), committee chairman, area
board(s):Yes
Consideration of the area boards and delegated decision checklist
for officers on the issue of when and how to involve local
councillors and area boards in decisions about local services:
Yes
Implication of any council policy, initiative, strategy or
procedure: Yes
Consultation in accordance with requirements and expectations of
consultation with the public:NA
Range of options available: Yes
Staffing, financial and legal implications: Yes
Risk assessment: Yes
Involvement of statutory officers and/or directors:Yes
Regional or national guidance from other bodies:Yes
The council’s constitution: Yes
This contract is suitable for execution under the e-signature
process: NA
Alternative options considered:
As set out in this report
Conflict of Interest: Not applicable
Background: Pursuant to paragraph 4 of Part 3 Section D, the Directors of Wiltshire Council are empowered to take all necessary decisions in cases of emergency. This decision is being taken by Parvis Khansari using these powers in circumstances where the Director concerned believes that there is a risk of damage to property, a threat to the health or wellbeing of an individual and/or that the interests of the Council may be compromised if this decision is not otherwise taken.
Contact: Parvis Khansari, Corproate Director - Place Email: parvis.khansari@wiltshire.gov.uk Tel: 01225 713340.
Publication date: 29/07/2020
Date of decision: 12/07/2020
Accompanying Documents: