Item 8(2)
Report to the Executive for Decision
6 February 2012
Portfolio:
Subject:
Report of:
Strategy/Policy:
Corporate
Objective:
Public Protection
Pedestrian Zone Traffic Regulation Order, West Street,
Fareham
Director of Regulatory and Democratic Services
A safe and healthy place to live and work
Purpose:
To seek the Executive`s approval of proposals to review and update the Traffic
Regulation Order for the pedestrian zone area of Fareham Town Centre that will
enable more effective enforcement of vehicular use and cycling in the
pedestrianised area.
Executive summary:
This report considers the various reasons why the present Traffic Orders governing
the Pedestrian Zone in West Street are in need of review, and how best this can be
achieved.
The particular aspects that are in need of review are parking, loading and cycling.
These can be addressed by introducing a new Traffic Regulation Order under the
Road Traffic Regulation Act (RTRA). This would supplement the current Order
which was introduced in September 1993 under the Town and Country Planning Act
(TCPA).
Recommendations:
(a) That an Experimental Traffic Regulation Order (TRO) is introduced under the
Road Traffic Regulation Act, as detailed at Appendix C and as set out in
paragraph 28 of this report, and;
(b)
Provided that there are no significant problems experienced with the
Experimental TRO, the portfolio holder for Pubic Protection be authorised to
make the TRO permanent
Reason:
To update the legislative framework for the Fareham town centre pedestrian zone,
in order to accommodate new requirements and to enable the enforcement of
legislation controlling vehicular use and cycling in the pedestrianised area of West
Street Fareham, in order to provide a safer place for pedestrians who use this area.
Contact: Chris Oldham, Traffic and Design Manager
E-mail – [email protected] (Tel: 01329 822560 )
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Item 8(2)
Cost of proposals:
The cost of the proposal will be met by Hampshire County Council Funding.
Appendices A:
B:
C:
D:
Pedestrian Zone - Existing situation
Existing sign at start of zone
Pedestrian Zone - Proposed changes
Proposed sign
Background papers: None
Contact: Chris Oldham, Traffic and Design Manager
E-mail – [email protected] (Tel: 01329 822560 )
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Item 8(2)
Executive Briefing Paper
Date: 6 February 2012
Subject: Pedestrian Zone Traffic Regulation Order, West Street, Fareham
Briefing by: Director of Regulatory and Democratic Services
Portfolio: Public Protection
Background
1.
The existing Order governing the pedestrian zone in West Street Fareham was
introduced on 27 September 1993 under the powers of the Town and Country
Planning Act (TCPA) 1990. The order applies to West Street, from its junction
with Quay Street for a distance of 253 metres in a westerly direction (ie. to its
junction with Harper Way).
2.
In summary, the main conditions are all vehicular rights extinguished except for :
3.

Emergency and maintenance purposes;

Loading between the hours of 06.00 and 09.30, also 16.30 and 19.00 (on all
days), and then only by vehicles weighing in excess of 5 tonnes (maximum
gross weight - mgw); and

Use by vehicles whose drivers have written permission from Fareham
Borough Council.
The existing Order (under TCPA) does not adequately cover cycling and it
excludes access by vehicles under 5 tonnes. A plan of the area with the
annotated current restrictions is attached as Appendix A and a copy of the
current Order, restrictions and exemptions is set out in Appendix B
Parking Enforcement
4.
By extinguishing all vehicular rights (with the exemptions as above), the terms of
the Order when it was introduced were sufficient for the practical purposes of
keeping the pedestrian zone free from unwanted traffic. However, parking within
the zone has become a problem in recent years, due to the manner in which it is
enforced.
5.
In 1993 the issue of fixed penalty notices for parking contraventions was always
carried out by the police. In 2007 Fareham introduced de-criminalised parking,
which involved the introduction of Civil Enforcement Officers (CEOs), to carry out
enforcement of on street traffic enforcement.
Contact: Chris Oldham, Traffic and Design Manager
E-mail – [email protected] (Tel: 01329 822560 )
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Item 8(2)
6.
De-criminalisation had the effect of separating out two forms of traffic offence, ie.
"stationary traffic offences" which involved parking in contravention of
regulations, and "moving traffic offences" which involved most other traffic
offences not involving parking. CEOs were empowered to control the former,
while the latter remaining (to this day) the responsibility of the police and
therefore only enforceable by the police.
7.
In the context of the pedestrian zone, this causes a problem because vehicles
parked within the zone are not committing a contravention as the existing order
does not prohibit parking.
8.
When this was all subject to police enforcement, the police could take the view
that any vehicle parked within the zone must have entered illegally and could
therefore be issued with a penalty notice for contravening a driving prohibition.
9.
It follows that CEOs cannot issue Penalty Charge Notices (PCNs) for parking
unless there are specific parking restrictions, because no specific parking
contravention has occurred. When the 1993 Order was introduced, it did not
carry any specific parking restrictions.
10. An additional consideration is Cawtes Place, which is used on a daily basis for
parking by people who work in this vicinity, and who can only access their
parking places by passing through the pedestrian zone. It is suggested that the
present arrangement which permits their access by specific permission of
Fareham Borough Council, has not proved to cause any significant problems in
recent years and so this arrangement could continue.
11. Dispensations to allow vehicles an exemption from the regulations will be
permitted in accordance with the Fareham Parking Enforcement Policy.
Markets
12. A number of markets and themed events take place in the West Street
pedestrian area, including a general street market every Monday, a Farmer's
market on the first Saturday of every month, and a number of seasonal markets,
particularly during school holidays and pre Christmas. These are presently
controlled by way of specific permissions from Fareham Borough Council, and
the legislative framework for these permissions would remain in place.
Weight Restriction
13. When the existing order was introduced, there was a prevailing desire that during
the permitted times of loading and unloading, the pedestrian zone should not be
subjected to the presence of numerous small (under 5 tonnes) vehicles.
However, it was agreed that loading and unloading by small numbers of larger
vehicles would be acceptable.
14. Therefore the existing Order permits loading and unloading by vehicles in excess
of 5 tonnes only, but a problem exists in that such a provision cannot be
meaningfully signed. The existing sign carries a lorry symbol with "5T", but this
indicates a statutory maximum weight limit, rather than a minimum.
Contact: Chris Oldham, Traffic and Design Manager
E-mail – [email protected] (Tel: 01329 822560 )
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Item 8(2)
15. It follows that since there is no existing sign which provides for a minimum
weight, consideration must be given to what is now required within the pedestrian
zone (a good many years later). This must be considered in the context of what
can be meaningfully signed, and therefore successfully enforced.
16. Vehicles under 5 tonnes are entering the zone at present for loading purposes,
albeit in contravention of the existing order, but they do not appear to cause any
more than a minimal nuisance, and arguably less so than might the presence of
larger vehicles.
17. Driving through the pedestrian zone does not provide a useful shortcut or a
means of avoiding regularly queuing traffic. Vehicles are therefore only likely to
enter the zone if they have a genuine purpose within it, and the removal of the 5
tonnes minimum weight limit is unlikely to result in the encouragement of
additional vehicles.
Cycling
18. The existing Order extinguishes rights for all vehicles, and since cyclists are not
listed among the exemptions, a reasonable conclusion is that they are therefore
not permitted.
19. In addition the signing is clear, in that the red circle with white infill means "No
vehicles". However, many people have mistakenly interpreted this to mean "No
motor vehicles", ie that cyclists are permitted. (The "No motor vehicles" sign
carries a motor cycle symbol over a car symbol, within the red circle).
20. Nevertheless, investigations into legal precedent for Orders created under the
Town and Country Planning Act (TCPA), suggest that the extinguishment of
vehicular rights may not necessarily apply to cyclists. It appears that cyclists are
deemed to be vehicles under the Road Traffic Regulation Act, but there has been
legal precedent (court cases) which have led to this definition being less clear
under TCPA. It has therefore been recommended in the past that where cyclists
are to be prohibited, separate legislation should be provided to clearly state this.
21. In the interim and in an attempt to overcome this lack of clarity, supplementary
plates were erected underneath the pedestrian zone signing, carrying the legend
"No cycling". However, no separate legislation has been provided.
22. Care should be taken at this point, not to confuse the presence of cycle racks
within the pedestrian zone, with the fact that cyclists are not permitted. The
intention is that cyclists are encouraged to visit the town centre and that the cycle
racks are there for their use upon arriving. Cyclists should dismount when
entering the pedestrian zone, and walk with their cycles from there to the cycle
racks.
23. Rather than totally banning cyclists from using the pedestrianised area there
have been requests for cyclists to be permitted to cycle within the zone between
certain times. This would fall in line with the Government objective to encourage
cycling, and the use of sustainable transport generally.
Contact: Chris Oldham, Traffic and Design Manager
E-mail – [email protected] (Tel: 01329 822560 )
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Item 8(2)
24. It is therefore proposed to allow cyclists to use the pedestrianised area outside
the main shopping times when the area has only light pedestrian usage. In
between times cyclists could still enter the zone in order to access cycle parking
stands, but they would need to walk with their cycles. Any contravention of this
will be deemed a moving traffic offence and should be dealt with by the police or
Accredited Community Safety Officers (ACSOs) who patrol this area as stated
earlier.
25. Hampshire County Council have expressed a preference that cyclists should be
permitted up to 9am and after 5pm, which accords with their policy to encourage
cycling, particularly to and from the town centre. They do not wish cyclists to be
restricted more than this, due to the risk of contraventions when there are fewer
pedestrians in the area. This will be monitored and reviewed as part of the
experimental TRO and should any issues arise then these times can be
reconsidered before the Order is made permanent.
One way street
26. Beyond the eastern end of the pedestrian zone, the section of West Street which
runs between Quay Street and High Street is a one-way street, in an eastbound
direction. There is an exemption for buses to travel westbound, but not for
cyclists.
27. Cyclists travelling in either direction have the option of using the cycle lane which
runs alongside Quay Street car park (Vannes Parade - parallel to West Street),
and Harper Way. However, in the westbound direction there is a gap because
cyclists cannot legally cycle along the bus lane west of High Street, and then into
Quay Street. Travelling eastbound, cyclists can use the same cycleway and then
cycle with traffic in Quay Street and West Street.
Proposals
28. It is therefore recommended that the following proposals are implemented:
(a)
Retain the existing Order under TCPA which is essential to provide the
pedestrian zone, and necessary for the extinguishment of vehicular rights
and makes a number of provisions for access.
(b)
Introduce a new TRO under the Road Traffic Regulation Act (RTRA) to
supplement the TCPA Order, which will afford greater clarity to help with
both public understanding, and enforcement by:

Parking restrictions to be introduced within the zone - no waiting at any
time except for loading and unloading at permitted times;

Removal of the 5 tonne minimum weight limit to provide for loading
and unloading by all commercial vehicles ;

Permitting cycling within the pedestrian zone outside the hours of
9am-5pm (every day)
Contact: Chris Oldham, Traffic and Design Manager
E-mail – [email protected] (Tel: 01329 822560 )
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Item 8(2)
Permitting cyclists to use the bus lane in West Street between High
Street and Quay Street, in a westbound direction, and also to travel
southbound along Quay Street (which buses do already), to gain
access to the cycleway along Vannes Parade
29. The proposals that are recommended above are detailed in Appendix C
TRO Enforcement
30. There are two types of traffic offence, these are considered in the context of the
West Street Pedestrian Zone in the following paragraphs.
31. Stationary Traffic Offence, ie. contravention of waiting (parking) restrictions.
These are enforced by Fareham Borough Council's Civil Enforcement Officers
(CEOs). At present they cannot take enforcement action within the pedestrian
zone since there are no specific waiting restrictions. The present proposal will
provide these restrictions and thus empower the CEOs to take enforcement
action where any parking is taking place that is not for permitted purposes such
as for loading at specified times, or by specific permission from Fareham
Borough Council (dispensation).
32. Moving Traffic Offence, ie. contravention of any restriction on vehicle
movements. These must be enforced by the police as the CEOs are not
empowered to carry out this type of enforcement. This includes any unauthorised
vehicular movement within the pedestrian zone. However, while it will require
police officers to enforce against access by unauthorised motor vehicles,
significantly greater numbers of complaints have been received about cyclists
using the pedestrian area. Under the new provisions, enforcement action will be
possible against cyclists by both Police Community Support Officers (PCSOs),
and also Accredited Community Safety Officers (ACSOs) under Hampshire
County Council's scheme, in addition to police officers. Enforcement by ACSOs
will be possible because this will be introduced as a specific item within a TRO
under Section 19 of the RTRA, 1984.
Financial Implications
33. The cost of these proposals will be approximately £4000. Hampshire County
Council have confirmed that they have secured developer funding for Fareham
Town Centre improvements aimed at enhancing accessibility and improving the
public realm to ensure the continued vitality and viability of Fareham town
centre. The County are working in partnership with the Council in delivering these
proposals that meets the objectives for which the developer contributions were
obtained. This partnership working would include the funding of this scheme.
Consultations
34. Discussions have been held with the Police, Hampshire County Council at officer
level, also officers from Fareham Borough Council including the Town Centre
Manager, Principal Transport Planner, the Head of Environment and
Conservation, and the Fareham and Southampton legal team. All are in
agreement with the proposals as above.
Contact: Chris Oldham, Traffic and Design Manager
E-mail – [email protected] (Tel: 01329 822560 )
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Item 8(2)
35. The Town Centre Management Steering Group have been consulted via the
Town Centre Manager, and no objections have been received.
36. The Ward Members have been consulted, and expressed their agreement with
the proposals.
37. All parties will be consulted further during the experimental period, to ascertain
whether or not any changes are needed before the changes are made
permanent.
The Way Forward
38. Given the high profile nature of this project, it is suggested that the most
expedient manner to introduce this new Traffic Regulation Order would be on a
twelve month experimental basis. This would permit it to be introduced as soon
as the signing can be manufactured, and then the consultation period can be the
same as the experimental period.
39. In turn this means that the order can be reviewed in the future, in twelve months'
time. Comments received can be then taken into account and any amendments
made as necessary, drawing these into a new permanent Order. Subject to their
being no significant problems experienced with the Experimental TRO, it is
recommended that the portfolio holder for Pubic Protection be authorised to
make the TRO permanent after the 12 month experimental period.
Contact: Chris Oldham, Traffic and Design Manager
E-mail – [email protected] (Tel: 01329 822560 )
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