Warrington Borough Council To: Members of the Traffic Committee

Councillors: Chair – B Brinksman Deputy Chair – S Roberts B Axcell, B Lines-Rowlands, L Hoyle, T McCarthy, S Parish

18 December 2012

Traffic Committee – Agenda Tuesday, 8 January 2013 at 6.30pm

Council Chamber, Town Hall, Sankey Street, Warrington Agenda prepared by Julie Pickles, Democratic Services Officer – Telephone: (01925) 443212, Fax: (01925) 656278, E-mail: jpickles@warrington.gov.uk

A G E N D A Part 1 Items during the consideration of which the meeting is expected to be open to members of the public (including the press) subject to any statutory right of exclusion. Item 1. Apologies

To receive any apologies for absence

Professor Steven Broomhead Interim Chief Executive

Town Hall Sankey Street

Warrington WA1 1UH

Item

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2. Code of Conduct - Declarations of Interest Members are reminded of their responsibility to declare any disclosable pecuniary or non-pecuniary interest (where the matter is not a ∗‘sensitive’ interest) which they have in any item of business on the agenda no later than when the item is reached.

3. Minutes To confirm the minutes of the meetings held on 30 October 2012 as a correct record.

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4. The Borough of Warrington (Old Alder Lane) (Prohibition of Driving – Except for Access ) Order 2012 Report of the Executive Director of Environment and Regeneration Services.

5. The Borough of Warrington (Traffic Management) (Civil Enforcement) (Amendment No. 59) Consolidation Order 2012 – Mercer Street, Burtonwood – Consideration of objection Report of the Executive Director of Environment and Regeneration Services.

Part 2 Items of a "confidential or other special nature" during which it is likely that the meeting will not be open to the public and press as there would be a disclosure of exempt information as defined in Section 100I of the Local Government Act 1972.

NIL

If you would like this information provided in another language or format, including large print, Braille, audio or British Sign Language, please call 01925 443322 or ask at the reception desk

in Contact Warrington, Horsemarket Street, Warrington.

∗ A ‘sensitive interest’ is described in the Localism Act 2011 as a member or co-opted member of an authority having an interest, and the nature of the interest being such that the member or co-opted member, and the authority’s monitoring officer, consider that disclosure of the details of the interest could lead to the member or co-opted member, or a person connected with the member or co-opted member, being subject to violence or intimidation.

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TRAFFIC COMMITTEE

30 OCTOBER 2012

Present: Councillor B Brinksman (Chairman) Councillors B Axcell, L Hoyle, S Parish and S Roberts

T 15 Apologies An apology for absence was received from Councillor T McCarthy. T 16 Code of Conduct - Declarations of Interest There were no declarations of interest received. T 17 Minutes Resolved,

That the minutes of the meeting held on 28 August 2012 be confirmed and signed as a correct record by the Chair.

T 18 Proposed Public Path Creation Order for a Footpath Linking Red

Lane to the Bridgewater Canal Towpath The Committee received a report of the Executive Director of Environment and Regeneration. The purpose of the report was to consider a proposed public path creation for a footpath linking Red Lane to the Bridgewater Canal Towpath. In September 2011 Stockton Heath Parish Council had raised the issue of the poor condition of the route being taken by the public to access the Bridgewater Canal towpath from the Red Lane footway. Inquiries established that the access route was not recorded in either the Council’s definitive rights of way map and statement or the “list of streets” so is not publicly maintainable. The land crossed by the way was not registered with the Land Registry except for the southernmost length of approximately 4.5 metres which is owned by the Bridgewater Canal Company Ltd. The appropriate way to cater for the public need, by bringing the way into public maintenance, was by means of a public path creation order under section 26 of the Highways Act 1980. The cost of order making, footpath signage and works to provide the path, a total cost of £13,000 would be met by Local Transport Plan funding, a contribution of £1000 from the Stockton Heath Parish Council and a contribution of up to £1000 from The Bridgewater Canal Company Ltd. Ongoing maintenance would be funded by the existing public rights of way revenue budget, however, as the footpath would be newly constructed

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expenditure will be minimal for 20 years plus and minor thereafter over a footpath length of 14 metres. Resolved,

That the Committee approved the order, under section 26 of the Highways Act 1980, to create a public footpath from Red Lane to the Bridgewater Canal towpath as shown on plan no. ER/JT/PPCO/SH6/2012.

Signed ………….………………….

Dated………………………………

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WARRINGTON BOROUGH COUNCIL TRAFFIC COMMITTEE (8th January 2013) Report of the: Executive Director of Environment and Regeneration

Directorate Report Author: Joanne Evans Contact Details: Email Address:

Jevans1@warrington.gov.uk Telephone: 01925 442691

Ward Members:

John Joyce and Terry O’Neill

1. SUMMARY PAPER – REPORT ON THE BOROUGH OF WARRINGTON (OLD ALDER LANE) (PROHIBITION OF DRIVING – EXCEPT FOR ACCESS) ORDER 2012

2.

Purpose of the Report: To consider an objection to the proposal to prohibit driving on Old Alder Lane, Burtonwood, except for access purposes. The measures would be implemented through the introduction of a Traffic Regulation Order.

3. Recommendations: It is recommended that the Committee approve the proposals as outlined in the conclusion to this report.

4. 5.

Reason for the Recommendation To improve the environmental amenities of Old Alder Lane by preventing access for vehicles being used for fly-tipping. Confidential or Exempt: N/A

6. Financial Considerations: Subject to the Traffic Committee’s resolution, the associated works will be funded from the 2012/2013 revenue allocation for Permanent Traffic Regulation Orders.

7. Risk Assessment: Low

8. 9.

Equality Impact Assessment: No Consultation: Ward members and all other interested parties have been consulted as part of

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the statutory order making process.

10. Clearance Details (Record of clearance of report): Name Consulted Date

Consulted Yes No Relevant Executive Board Member Cllr Linda Dirir yes 10/12/12 SMB Relevant Executive Director Solicitor to the Council Ian Mason yes 30/11/12 S151 Officer Lynton Green yes 28/12/12 Relevant Assistant Director David Boyer yes 05/12/12

11. Background Papers: Delegated approval to advertise the proposal. 94 signature petition in support of the proposals as advertised Statements of support, (Winwick Parish Council, Cheshire Constabulary) 11 objection letters to the proposals as advertised 10 Written confirmations of withdrawal of objections Contacts for Background Papers:

Name E-mail Telephone Joanne Evans jevans1@warrington.gov.uk 01925 442691

(See next page to continue report).

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Regulatory Report Template

Meeting of the Traffic Committee Date: 8th January 2013 Report of : Executive Director of Environment and Regeneration Directorate Author: Joanne Evans Contact Details: jevans1@warrington.gov.uk Ward Members: John Joyce and Terry O’Neill TITLE OF REPORT: THE BOROUGH OF WARRINGTON (OLD ALDER LANE) (PROHIBITION OF DRIVING – EXCEPT FOR ACCESS) ORDER 2012 1.0 PURPOSE 1.1 To consider an objection to the proposal to introduce a prohibition of driving

except for access on part of Old Alder Lane, Burtonwood. 2.0 INTRODUCTION AND BACKGROUND 2.1 Old Alder Lane is a de-restricted narrow single carriageway rural road between

Mill Lane / Watery Lane and Alder Lane, Burtonwood. It provides access to Sankey Valley Park, a breakers yard, Causeway Bridges Business Centre and a small number of residential properties.

2.2 There has been ongoing issues with “fly tipping” of general household waste on

Old Alder Lane along with instances of hazardous materials (asbestos) being dumped. There is also a problem with litter caused by people using the lane to participate in anti-social behaviour. This waste material / litter has to be cleared at the expense and inconvenience of the local authority. Due to the health and safety, environmental and cost implications of this practice, it is considered necessary to propose an “Access Only” Traffic Regulation Order (TRO) under both Section 1(d) or Section 1(f) of the Road Traffic Regulation Act 1984 for the full length of Old Alder Lane, so that vehicles will be prohibited from using the road unless they have a genuine reason requiring access to properties or facilities it serves.

2.3 Local Ward Members and directly affected residents have been consulted. Letters

of support were received from Cheshire Constabulary, Winwick Parish Council and local residents. A 94 signature petition has also been received from residents / businesses and visitors to Old Alder Lane in support of the proposal.

2.4 During the statutory consultation period, eleven written objections were received.

All of the objections are from local railway enthusiasts who use the bridge on Old Alder Lane near to the Mill Lane / Watery Lane end in order to observe and

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photograph the passing trains on the west coast mainline. The majority of the objections state that Old Alder Lane is the safest place to park and that it would be dangerous for them to park on Watery Lane / Mill Lane as it would cause an obstruction to the traffic flow in the area.

2.5 In view of the nature of the objections, the extent of the proposed restriction has

been amended to include the length of road from the junction with Alder Road up to the gated entrance to Sankey Valley Park. This proposal would leave the section of carriageway over the railway bridge free from restrictions, therefore, allowing for some parking. Terminating the extents of the proposed order immediately to the west of the access to the Sankey Valley Park will provide a natural turning area for motorists. The extents of the proposed restriction are detailed on plan ER/TMB/TRO/487 Rev A attached as Annex A to this report. Plan ER/TMB/TRO/487/2 showing the turning area is also attached at Annex B.

2.6 Ten of the eleven objections have been withdrawn as a result of the reduction in

length of the proposed restriction. However, one of the authors wished their objection to stand.

2.7 It is anticipated that the introduction of the prohibition of driving order ‘except for

access’ will improve the environment of Old Alder Lane by deterring motorists from using Old Alder Lane for criminal activities such as fly tipping. It will also provide additional powers to the police, who are in support of the proposal and have stated that they will undertake enforcement on a regular basis.

3.0 LEGAL POSITION SECTION 122 OF THE ROAD TRAFFIC REGULATION ACT 1984

3.1 When exercising their function of making road traffic orders under the Road

Traffic Regulation Act 1984, the Council are under a duty imposed by Section 122 of the Act to secure the expeditious, convenient and safe movement of vehicular and other traffic and the provision of suitable and adequate parking facilities on and off the highway. The Council must, so far as is practicable, have regard to a number of matters set out in Section 122 (2) which are as follows:-

(a) The desirability of securing and maintaining reasonable access to

premises.

(b) The effect on the amenities of any locality affected, including the importance of regulating and restricting the use of roads by heavy commercial vehicles so as to preserve or to improve the amenities of the areas through which the roads run.

(c) The National Air Quality strategy prepared under Section 80 of the

Environment Act 1995.

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(d) The importance of facilitating the passage of public service vehicles and of securing the safety and convenience of persons using or wishing to use such vehicles.

(e) Any other matters thought by the Local Authority to be relevant.

3.2 Before making any particular road traffic order, the Council must consider all

objections duly made during the statutory consultation period and must carry out a balancing exercise where representation in support of the proposed order has also been received. The Council must decide how much weight to attach to the representations, having regard for the individual circumstances of the case. The Council must, however, at all times bear in mind the statutory duty to which they are subject by virtue of Section122.

3.3 The Committee is advised that as there are no properties from which objections have been received that will be denied vehicular access via at least one public highway, then it has the power to determine the objections and instruct the officers to proceed appropriately.

4.0 OBJECTION 4.1 Dr Bevan Price The reasons for this objection are summarised below:-

• The proposed prohibition of driving order is unnecessary, will cause inconvenience and is a waste of public money.

• Old Alder Lane is a useful through route in order to avoid traffic congestion on

the surrounding network. • The only practical effect of the change will be to provide what are effectively

long private driveways to the houses on Old Alder Lane, maintained at the expense of taxpayers.

• Closing Old Alder Lane will only move any anti-social behaviour to other areas. • The objector recognised the proposal as an improvement, although still objects

to a policy of closing minor roads / country lanes to through traffic.

A copy of the objection letters are attached in Annex C to this report. 5.0 RESPONSE TO OBJECTION

• Old Alder Lane is approximately 1.4km in length from its junctions with Mill Lane / Watery Lane and Alder Road. Old Alder Lane has no function as a

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distributor of traffic as the more attractive route of Watery Lane and Alder Lane is only 1.3Km in length and is a less tortuous route to navigate than the narrow, meandering course of Old Alder Lane. Old Alder Lane is not equipped to deal with high traffic volumes, so using this road as a diversionary route would not be encouraged. If there was an incident on the surrounding network that left Old Alder Lane as the only available through route, then the police would be able to direct traffic to use the Lane, therefore permitting motorists to temporarily contravene the restriction without enforcement taking place.

• The cleansing of old Alder lane is costing on average between £1k and £3k per

year. Hazardous materials such as asbestos have also been tipped, posing a health and safety risk for people in the area.

6.0 FINANCIAL CONSIDERATIONS 6.1 The cost associated with implementing the proposal estimated at £2,500, will be

funded from the 2012 / 2013 revenue budget allocation for Permanent Traffic Regulation Orders.

7.0 RISK ASSESSMENT

7.1 Low. 8.0 EQUALITY IMPACT ASSESSMENT 8.1 None. 9.0 RECOMMENDATION

9.1 It is recommended that Members approve the making of the Order detailed in this

report and as amended in accordance with paragraph 2.5 of this report. 10.0 REASONS FOR THE RECOMMENDATION

10.1 The proposed start point of the prohibition is amended after consideration of the

initial objections received in so much as it will now start at the access to Sankey Valley Park leaving the section between that point and Watery Lane / Mill Lane un-restricted. This change resulted in the withdrawal of 10 of the 11 objections received.

11.0 BACKGROUND PAPERS 11.1 Plans ER/TMS/TRO/487 Rev A, ER/TMS/TRO/487/2, delegated approval to

advertise the proposal, 11 objection letters, 94 signature petition (in support), statements of support from Winwick Parish Council and Cheshire Constabulary and 10 written confirmations of withdrawal of objections.

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Annex A

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Annex B

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Annex C

-----Original Message----- From: Bevan Price [mailto:bevanprice666@gmail.com] Sent: 28 September 2012 09:04 To: Contact Subject: For attention of Jo Nugent, re. Old Alder Lane, NET/119 Old Alder Lane proposal closure Ref. NET/119 For attention of: Jo Nugent, Senior Legal Assistant, Quattro Building, New Town House, Buttermarket Street, Warrington, WA1 2NH. --------------------------------------------- Dear Ms Nugent I wish to object to the proposed closure to through traffic of Old Alder Lane on the grounds that this is unnecessary, will cause inconvenience, and is a waste of public money. Although it is several years since I drove daily to work at Risley (the former UKAEA), I still pass through the area several times a month. And I would add that it s certainly less stressful route than having to use the A580 /M6 /M62 /A49, etc. Old Alder Lane remains a useful through route. In the event of roadworks or an accident near the railway bridge on Alder Lane, then Old Alder Lane is a useful diversionary route; the only alternatives involve lengthy diversions, either via Newton Le Willows , or via Burtonwood & Cromwell Avenue, both routes already being very busy at peak hours. (And in my opinion, the equally silly closure, several years ago, of nearby Hall Lane blocked a useful alternative route between Collins Green & Winwick.) The only practical effect of the change will be to provide what are effectively long private driveways (maintained at the expense of taxpayers) to a couple of houses in Old Alder Lane If taxpayers are expected to pay these costs, then they should have a right to use what they are paying for. The reasons for the closure are unclear to me, although I have heard rumours of various types of anti-social behaviour. Closing Old Alder Lane will not stop such behaviour - those involved will just move to another area, possibly much closer to populated areas. Indeed, although I have not observed such behaviour myself, a now-deceased Warrington resident told me that people involved in "male indecency" had only started to use Old Alder Lane after some control freak had blocked road access to their previous meeting place. (I

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cannot vouch for the accuracy of his statement, and he did not identify the previous location, which may, or may not, have been within Warrington.) The quiet stretch of road near the railway bridge is sometimes occupied by parked cars, but their drivers are participating in legal activities, such as taking a quiet break to read, eat sandwiches, watch birds, watch & photographi the nearby railway, or walk along parts of the Sankey Valley Way. They mostly park sensibly and do not create danger to other road users. Large numbers of cars only appear for a short time when there is a special steam train due, maybe on average for up to 30 minutes, once every month or two - if you block access to Old Alder Lane, you will probably find that many of these cars will stop on Watery Lane / Mill Lane, and create potential hazards on a much busier road. Yours Sincerly Bevan Price (Dr. W. B. Price 24 Walmesley Road Eccleston St. Helens WA10 5JT) 28 Sept. 2012

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WARRINGTON BOROUGH COUNCIL TRAFFIC COMMITTEE (8th January 2013) Report of the: Executive Director of Environment and Regeneration

Directorate Report Author: Sean Halewood Contact Details: Email Address:

shalewood@warrington.gov.uk Telephone: 01925 442634

Ward Members:

John Joyce and Terry O’Neill

1. SUMMARY PAPER – REPORT ON The Borough of Warrington (Traffic Management) (Civil Enforcement) (Amendment No. 59) Consolidation Order 2012 – Mercer Street, Burtonwood – Consideration of objection

2.

Purpose of the Report: To consider an objection and the appropriateness of introducing a restriction on waiting in Mercer Street, Burtonwood.

3. Recommendations: It is recommended that the Committee approve the making of the order as originally advertised.

4. 5.

Reason for the Recommendation To ensure the safe movement of all road users on the highway concerned. Confidential or Exempt: N/A

6. Financial Considerations: Subject If introduced the Order will be funded from the 2012/2013 revenue allocation for Permanent Traffic Regulation Orders.

7. Risk Assessment: Low

8. 9.

Equality Impact Assessment: No Consultation: Ward members and all other interested parties have been consulted as part of the statutory order making process.

10. Clearance Details (Record of clearance of report): Name Consulted Date

Consulted Yes No Relevant Executive Board Member Cllr Linda Dirir yes 10/12/12 SMB Relevant Executive Director Solicitor to the Council Ian Mason yes 30/11/12 S151 Officer Lynton Green yes 28/12/12 Relevant Assistant Director David Boyer yes 05/12/12

11. Background Papers: ER/TMS/SH/TRO469/B - The Borough of Warrington (Traffic Management) (Civil Enforcement) (Amendment No. 59) Consolidation Order 2012 – Mercer Street, Burtonwood – Proposed restriction of Waiting. Contacts for Background Papers:

Name E-mail Telephone Sean Halewood shalewood@warrington.gov.uk 01925 442634

(See next page to continue report).

Regulatory Report Template

Meeting of the Traffic Committee Date: 8th January 2013 Report of : Executive Director of Environment and Regeneration Directorate Author: Sean Halewood Contact Details: shalewood@warrington.gov.uk Ward Members: John Joyce and Terry O’Neill TITLE OF REPORT: The Borough of Warrington (Traffic Management) (Civil Enforcement) (Amendment No. 59) Consolidation Order 2012 – Mercer Street, Burtonwood – Consideration of objection 1.0 PURPOSE 1.1 To consider an objection to the proposal to introduce a restriction on waiting in

Mercer Street, Burtonwood. 2.0 INTRODUCTION AND BACKGROUND 2.1 The Council has recently been approached by the logistics company responsible

for delivering stock to the CO-OP store located on Mercer Street, in order to highlight the difficulties its drivers currently experience in obtaining access to the store due to the manner in which motorists park their vehicles along Mercer Street.

2.2 A subsequent study of parking conditions on Mercer Street identified the regular

occurrence of kerb side parking adjacent to the CO-OP store. This kerb side parking is considered to restrict access for delivery vehicles when manoeuvring on to the store’s off street delivery area.

2.3 Ward Members and directly affected residents have been consulted on the

introduction of measures to prohibit parking adjacent to the delivery area for the CO-OP store (Drawing No. ER/TMS/SH/TRO469/A). As a result of feedback obtained from the consultation process this proposal has been amended to only restrict parking on the highway between the hours of 8am & 5pm, Monday to Saturday and progressed to the statutory advertisement stage.

2.4 The attached Drawing No. ER/TMS/SH/TRO469/B details the location of the

proposed parking measures and is attached as Annex A to this report. One objection has been received to the statutory advertisement process.

3.0 LEGAL POSITION SECTION 122 OF THE ROAD TRAFFIC REGULATION ACT

1984 3.1 When exercising their function of making road traffic orders under the Road

Traffic Regulation Act 1984, the Council are under a duty imposed by Section 122 of the Act to secure the expeditious, convenient and safe movement of vehicular and other traffic and the provision of suitable and adequate parking facilities on and off the highway. The Council must, so far as is practicable , have regard to a number of matters set out in Section 122 (2) which are as follows:-

(a) The desirability of securing and maintaining reasonable access to

premises.

(b) The effect on the amenities of any locality affected, including the importance of regulating and restricting the use of roads by heavy commercial vehicles so as to preserve or to improve the amenities of the areas through which the roads run.

(c) The National Air Quality strategy prepared under Section 80 of the

Environment Act 1995.

(d) The importance of facilitating the passage of public service vehicles and of securing the safety and convenience of persons using or wishing to use such vehicles.

(e) Any other matters thought by the Local Authority to be relevant.

3.2 Before making any particular road traffic order, the Council must consider all

objections duly made during the statutory consultation period and must carry out a balancing exercise where representation in support of the proposed order has also been received. The Council must decide how much weight to attach to the representations, having regard for the individual circumstances of the case. The Council must, however, at all times bear in mind the statutory duty to which they are subject by virtue of Section122.

3.3 The Committee is advised that as there are no properties from which objections have been received that will be denied vehicular access via at least one public highway, then it has the power to determine the objections and instruct the officers to proceed appropriately.

4.0 OBJECTION 4.1 Miss Nicky Lane, 33 Mercer Street, Burtonwood, Warrington The reasons for this objection are:-

• The objector considers it unfair for the Council to be proposing the introduction

of waiting restrictions on 2, possibly 3 properties in the street which will result in double parking elsewhere in the street,

• On a Saturday there will be an increase in parking elsewhere in Mercer Street

as there will be more residents at home,

• The CO-OP should be asked to make deliveries at more suitable times between 9am and 5pm,

• Can an agreement be made with the CO-OP to reduce the size of delivery

vehicles and,

• If the waiting restrictions are introduced the Council should make a goodwill gesture and fund off road parking for residents.

A copy of the objection letter is attached at Annex B to this report.

5.0 RESPONSE TO OBJECTIONS

• There is no proposal to introduce waiting restrictions directly in front of any residential properties located on Mercer Street. The consultation exercise previously carried out with residents did propose the introduction of double yellow lines along the side of property numbers 35 and 37 Mercer Street, terminating in line with the rear of these properties. To reflect feedback from this consultation process the proposed measures have been amended and it is now proposed to only restrict parking between the hours of 8am & 5pm, Monday to Saturday, for a reduced length terminating in line with the front building line of these properties. The proposed measures are aimed at improving access for delivery vehicles whilst having minimal effect on the availability of kerbside parking for residents. The proposed measures will displace parking, for approximately 5 vehicles, away from the road junction adjacent to the store. During the week and on a Saturday there is sufficient on street parking capacity available to accommodate displaced parking, either on Mercer Street or within a reasonable walking distance on the CO-OP store.

• CO-OP delivery vehicles leave the main depot in St Helens and carry out

multiple delivery drops to various stores throughout the North West of England before returning back to the main depot. Delivery times to individual stores are dictated by the overall delivery schedule and any delays on route between stores. It is not financially viable for delivery vehicles to make a delivery to one single store, return to the depot in order to reload goods to be delivered to another store. This method of logistical operation is common practise with all retail stores of this nature and is not unique to the CO-OP. This method of operation would make it extremely difficult for predetermined delivery times to be adhered to.

• Rigid and small articulated delivery vehicles are used to deliver goods to the

CO-OP store, these are the smallest vehicles in their fleet and although they are shorter than the standard size of articulated goods vehicle they are of the same width and therefore cannot proceed along Mercer Street if vehicles are parked on both sides of the road.

• The Council has no legal obligation to provide off street parking for private use

however, it does have a duty to ensure road users can pass and re-pass on the public highway.

6.0 FINANCIAL CONSIDERATIONS 6.1 The cost associated with implementing the proposal estimated at £500, will be

funded from the 2012 / 2013 revenue budget allocation for Permanent Traffic Regulation Orders.

7.0 RISK ASSESSMENT

7.1 Low. 8.0 EQUALITY IMPACT ASSESSMENT 8.1 None. 9.0 RECOMMENDATION

9.1 Having considered the content of this report, it is recommended that Members

approve the making the Order as originally advertised. 10.0 BACKGROUND PAPERS 10.1 ER/TMS/SH/ TRO469/A, ER/TMS/SH/TRO469/B & Delegated Approval to

advertise the introduction of waiting restrictions Mercer Street.

Annex A

Annex B