Issue - meetings

Forward Plan Ref: 2020/109

Contact: Hugh Potter, Group Manager – Area Operations Hub Tel: 07766 998704

Report by Director for Community Operations (Interim) (CMDE4).

Following approval by the Cabinet Member for Environment on 30 April 2020 of new CPZs in the Cowley Marsh and Hollow Way North areas of Oxford, this report presents responses to a formal consultation on amendments as approved in principle at the above meeting following representations by the local member and other groups.

The Cabinet Member for Environment is RECOMMENDED to approve proposals as advertised for amendments to the above Controlled Parking Zones (CPZs) in  the Cowley Marsh  and Hollow Way North Area, but with regard to the proposals for Cricket Road and Bhandari Close to authorise officers to review and agree those proposals in consultation with the local member taking account of the consultation responses as detailed in paragraphs 10-12 of the report CMDE4 and, if required, a further report be submitted to the Cabinet Member for Environment.

Approved

The Cabinet Member for Environment considered (CMDE4) responses received to a formal consultation on amendments to new CPZs in the Cowley Marsh and Hollow Way North areas of Oxford approved by the Cabinet Member on 30 April 2020.

Responding to Councillor Sanders Mr Kirkwood confirmed that as CPZs related only to public highway residents in Reliance Way, which was not public highway and where there numbered parking bays would not require permits.

Due to connectivity problems the following prepared statement from Mr Nicholas Fell regarding the legality of the consultation process was read out:

“I think my central points are that Cowley Marsh does not comply with TSRGD and that Cowley Marsh TRO does not meet the Richard Bentley RMB Consulting test. That I wish to say I back up the legal case of Attfield versus Barnet council, and that I support the case of Cran & Ors, and the famous Gunning Principles on consultation are not being met in this case.

Any decision is therefore inappropriate given that the council has refused to explore alternative options, which I have offered the council, in writing, and they have not taken those reasonable alternatives, therefore any decision taken at this meeting is irrational and Wednesbury unreasonable, and the meeting should on that basis be deferred and shelved.

Any decision to proceed with this proposal is inappropriate and a misuse of a TRO, given that the council have not looked at cheaper, better and more targeted alternatives. It is therefore a violation of use of taxpayer money to rubber stamp an inappropriate CPZ and on that basis I wish to lay an information with the council auditor.”

Responding to questions from the Cabinet Member with regard to the statement from Mr Fell Mr Kirkwood confirmed that procedures for traffic regulation order consultations were clearly defined in Statutory Instrument Local Authority Traffic Orders Regulations 96 which specified in detail what local authorities were required to do. This consultation had complied in full with those regulations. In fact the County Council had gone over and above what was required in the regulations as it did with all consultations by writing individually to all premises affected as well as posting street notices and providing an online facility to comment. 

Mr Potter confirmed that the County Council’s legal team had also looked at the process and the legal points which had been raised regarding that process and  confirmed that as all procedures had been followed correctly the Cabinet Member could proceed with a decision.

Following resolution of connectivity problems the Cabinet Member heard from the following speakers.

Ms Georgina Gibbs advised that as she had friends and family living in the area she had been working with them and Mr Nicholas Fell to make a case against the proposals.  Prior to the lockdown and during it they had spoken while observing rules of social distancing to 200 residents and the general consensus had been that a parking scheme as proposed was not needed.  She pointed out  ...  view the full minutes text for item 21