Forward Plan Ref: 2021/196

Contact: Natalie Moore, Transport Planner Tel: 07917 534327

Report by Director of Law & Governance (CA9).

A delegated decision taken by the Cabinet Member for Travel Development and Strategy on the Burford Experimental Weight Limit on 5 January 2022 was called in for review by request of 14 Councillors. 

This report includes the executive response to the Burford Experimental Weight Limit – Call In Recommendations of the Place Overview and Scrutiny Committee 2 February 2022

The Cabinet is RECOMMENDED to:-

a)            Receive the referral made by the Place Overview & Scrutiny Committee following its consideration of a call-in request made on the 2 February 2022 on the decision regarding the Burford Experimental Weight Limit

b)           Reconsider the original decision taken by the Cabinet Member for Travel and Development Strategy, in light of the concerns raised by the Place Overview & Scrutiny Committee as listed in paragraph 5 of this report.

Cabinet endorsed the decision taken by the Cabinet Member for Travel & Development Strategy on 5 January 2022:

a)            APPROVE officers to consider the costs and benefits of developing area wide restrictions across Oxfordshire including close working with neighbouring authorities, as part of the county wide freight strategy, as soon as practicable. Noting any future approval of area wide weight restrictions would likely see existing environmental weight restrictions revoked subject to consultation.

b)            REVOKE the Burford Experimental Traffic Regulation Order of 7.5t weight restriction. Therefore, not making a permanent order.

Cabinet had before it a report from the Place Overview & Scrutiny Committee from its meeting on 2 February 2022 on the Burford Experimental Weight Limit decision which had been called-in following a decision by the Cabinet Member for Travel & Development Strategy on 5 January 2022.

Before discussing the item, Cabinet heard from a number of speakers.

Councillor Ian Snowden, Chair of the Place Overview & Scrutiny Committee, summarised the proceedings on the called-in item.  The Committee considered the evidence base upon which the Decision was made, including the Automatic Number Plate Recognition (ANPR), the Euro Classification data and the Tracsis Automatic Traffic Count (ATC) data.

At the end of the Committee’s consideration of this issue, the Committee sought further clarification on the use of the different data used to inform the Cabinet Member’s Decision and decided to refer the matter to Cabinet in the interests of transparency of the decision making process with reference to the Principles of Decision Making:

(d) a presumption in favour of openness; and

(e) clarity of aims and desired outcomes.

The scrutiny committee recommended that greater clarity be provided on the evidence base upon which the decision was made.

Councillor Charlie Hicks, Deputy Chair of the Place O&SC, added that there had been some discussion around the meaning of the reference in the Constitution to “material concerns” about a decision.  In the end the Committee used the Principles of Decision Making in the Constitution as the basis for its discussions.

The Committee did not find that there was evidence of bias or pre-determination or that the decision should have been made by the full Cabinet.  There were different opinions on the merits of including ANPR data in the report as there was only one data point available.  The Cabinet Member told the scrutiny meeting that he had taken that data into account anyway in making the decision.  In the end the Committee asked for more information to be provided on the basis of the openness and clarity.

Rhys Williams, Regional Operations Manager, Road Haulage Association, reiterated that his organisation strongly opposed the reinstatement of the Burford weight limit and, instead, strongly supported the need for an effective freight strategy that allows consumers across Oxfordshire to receive the goods they demand sustainably and efficiently.

Banning HGVs from Burford would simply displace large vehicles from a road designed to be suitable for them onto less suitable roads. It caused lorries to travel extra and needless miles.  The RHA stood ready as a key partner to work with Oxfordshire County Council on a freight strategy.

Councillor John White, Burford Town Council, stated that responsibility for this decision should never have been imposed on or accepted by Councillor Enright because he was conflicted.  Suggestions that Councillor Enright was bias towards the local haulage industry and that he only decided the way he did because he was a Witney Councillor did not come from Burford Town Council or its advisers.

The Town Council contended that Principle  ...  view the full minutes text for item 22

Forward Plan Ref: 2021/196

Contact: Natalie Moore, Transport Planner Tel: 07917 534327

Report by Corporate Director Environment & Place (CMDTDS4).

This report details the impact of the Burford Experimental Traffic Regulation Order (ETRO) which placed a 7.5t weight restriction on roads within Burford including the A361.  The scheme has brought benefits to Burford and neighbouring areas, but the consultation has highlighted the impact of the dispersal of rerouting Heavy Goods Vehicle (HGV) traffic on other communities.  An areawide weight restriction is likely to remedy many of the issues but will take some time to implement.  A decision is required on whether to make the Burford ETRO permanent until this is in place.  An expansion of the current permit system would be required if the Burford restriction is made permanent.

The Cabinet Member is RECOMMENDED to

a)    APPROVE officers to consider the costs and benefits of developing area wide restrictions across Oxfordshire including close working with neighbouring authorities, as part of the county wide freight strategy, as soon as practicable. Noting any future approval of area wide weight restrictions would likely see existing environmental weight restrictions revoked subject to consultation.

b)   EITHER:

                                      i.                REVOKE the Burford Experimental Traffic Regulation Order of 7.5t weight restriction. Therefore, not making a permanent order.

OR

                                    ii.                APPROVE the Burford Traffic Regulation Order of 7.5t weight restriction with associated Permit Scheme, subject to Burford Town Council committing to indefinitely run the Permit Scheme outlined in this paper. Should the Permit Scheme be revoked the county council will re-evaluate the impacts of the order.

The Cabinet Member for Travel Development and Strategy had before him a report which detailed the impact of the Burford Experimental Traffic Regulation Order (ETRO) which placed a 7.5t weight restriction on roads within Burford including the A361. The report advised that the scheme had brought benefits to Burford and its neighbouring areas, but the consultation had highlighted the impact of the dispersal of rerouting Heavy Goods Vehicle (HGV) traffic on other communities. It reported that an areawide weight restriction is likely to remedy many of the issues but will take time to implement and a decision is required on whether to make the Burford ETRO permanent until this is in place, otherwise, an expansion of the current permit system would be required if the Burford restriction is made permanent.

Also attached to the report was the background paper ‘Burford Experimental Traffic Regulation Order (ETRO) Final Report, December 2021’ and the following annexes:

Annex A: Map of Burford ETRO Study Area

Annex B: Consultation responses received related to the permit area

Annex C: ETRO

Annex D: Burford Town Council Burford Weight Limit Exemption Permit Scheme

Annex E: Burford HGV Weight Restriction Exemption Permit Application From

Annex F: Burford ETRO Consultation responses by theme

Annex G: Burford ETRO Consultation responses – originals

Annex H: Additional representations received since July 2021

Annex I: Directional Tracsis Traffic Flow Data and proportion of slow moving traffic

Annex J: Officer note of meeting with Farmers and Hauliers

The report recommended the Cabinet Member to

a)    APPROVE officers to consider the costs and benefits of developing area wide restrictions across Oxfordshire including close working with neighbouring authorities, as part of the county wide freight strategy, as soon as practicable. Noting any future approval of area wide weight restrictions would likely see existing environmental weight restrictions revoked subject to consultation.

b) EITHER:

i. REVOKE the Burford Experimental Traffic Regulation Order of 7.5t weight restriction. Therefore, not making a permanent order.

OR

ii. APPROVE the Burford Traffic Regulation Order of 7.5t weight restriction with associated Permit Scheme, subject to Burford Town Council committing to indefinitely run the Permit Scheme outlined in this paper. Should the Permit Scheme be revoked the county council will re-evaluate the impacts of the order.

The following requests to speak were received, of which all were allowed by the Cabinet Member.  These were considered by the Cabinet Member as follows:

Mr Mark McCappin and Mr Jan de Haldevang presented on behalf of WiVTAG (Windrush Valley Traffic Action Group) which represents 14 parish and town Councils, 1 district council, several farms and 51 businesses in Oxfordshire and Gloucestershire.  Mark McCappin spoke in support of the first recommendation, however he requested that a zonal weight restriction for the West Oxfordshire area is developed and implemented as a matter of urgency and advised that they had outlined such a scheme in their Final Report to OCC and noted that Gloucestershire CC had submitted a strong formal objection to the Burford ETRO requesting that it is not extended  ...  view the full minutes text for item 4