Agenda Item No
The Vale of Glamorgan Council
Cabinet Meeting: 19th October, 2011
Report of the Cabinet Member for Visible and Building Services
Clarification of the Procedure for Dealing with Traffic Regulation Orders
Purpose of the Report
1. To clarify the procedure for dealing with Traffic Regulation Orders (TROs).
2. To seek Members' approval to give delegated authority to the Director of Environmental and Economic Regeneration to process and complete TROs in accordance with the relevant legislation.
1. That the clarification of the procedure for dealing with TROs is noted.
2. That Members approve that delegated authority be given to the Director of Environmental and Economic Regeneration in consultation with the Cabinet Member for Visible and Building Services to prepare, approve, undertake statutory consultation and confirm TROs where no objections are received. Where objections are received the TRO will be determined by Cabinet.
3. That Members approve that delegated authority be given to the Director of Environmental and Economic Regeneration to instruct the Director of Legal, Public Protection and Housing Services to publish all Notices required by the appropriate legislation and subsequently to make the TROs.
Reasons for the Recommendations
1. To clarify the procedure.
2. To provide the necessary authority to prepare, approve, undertake statutory consultation and confirm TROs where no objections are received.
3. To provide the necessary authority to instruct the Director of Legal Public Protection and Housing to publish all statutory Notices and subsequently to make the TROs.
Procedure for Dealing with TROs
3. Historically, approval to give Public Notice of the Council's intention to introduce a TRO has been sought from Planning Committee. In the event that no objections to the proposals are received then the Order is made and the works undertaken. Should objections be received to the proposals then these would be presented to a future meeting of the Planning Committee for determination.
4. In accordance with legal advice provided, it is considered to be inappropriate for matters relating to TROs to continue to be determined by Planning Committee. Such matters are an Executive function that may be delegated.
Relevant Issues and Options
Procedure for Dealing with TROs
5. It is proposed that if delegated authority is given, the Director of Environmental and Economic Regeneration will prepare a draft scheme and undertake initial consultation as appropriate. Such initial consultation may include consultation with the Police and local Members. Following further consultation with the Cabinet Member, the Director of Environmental and Economic Regeneration will instruct the Director of Legal, Public Protection and Housing Services to prepare and publish the appropriate statutory Notices. Where no objections are received following publication of the statutory Notices, the Director of Environmental and Economic Regeneration will instruct the Director of Legal, Public Protection and Housing to make the TROs.
6. Where objections are received following publication of the statutory Notices, these objections will be presented to Cabinet for determination.
Resource Implications (Financial and Employment and Climate Change, if appropriate)
7. None associated with this report.
Legal Implications (to Include Human Rights Implications)
8. The Road Traffic Regulation Act 1984 provides for local authorities to make and vary Orders to regulate the movement of vehicular traffic and to improve the amenities of an area.
9. The Council has a responsibility to improve the safety of the highway user and may be found to be negligent if it does not meet its statutory obligations under the Highways Act 1980 and the Road Traffic Regulation Act 1984.
10. The Council operates a Leader and Cabinet Executive pursuant to section 11(3) of the Local Government Act 2000. By section 13(2) of the 2000 Act, any function of the Council which is not specified in regulations made under section 13(3) is to be the responsibility of the Executive. The relevant regulations made under section 13(3) are the Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) Regulations 2007 which replaces similar regulations made in 2001. The power to make traffic regulation orders under the Road Traffic Regulations Act 1984 is not a function specified in the 2007 Regulations nor was it specified in the 2001 Regulations. Consequently, the making of Traffic Regulation Orders was and is a function of the Council's Executive.
11. A report has been considered by Council amending the Constitution in light of the above.
12. It is not envisaged that there will be any human rights implications associated with this report.
Crime and Disorder Implications
13. There are no crime and disorder implications associated directly with this report.
Equal Opportunities Implications (to include Welsh Language issues)
14. Public Notices advertising the intention to create a TRO will be published bilingually.
15. To manage the Council's workforce, money, information and assets effectively and securely.
Policy Framework and Budget
16. This is a matter for Executive Decision by Cabinet.
Consultation (including Ward Member Consultation)
17. No Ward Member consultation has been undertaken in respect of this report as the matter relates to the whole of the Council area.
Relevant Scrutiny Committee
18. Economy and Environment.
Paul Gay Group Engineer Highways and Traffic Tel No. 02920 673086
Operational Manager Legal Services
Rob Quick, Director of Environmental and Economic Regeneration.