Report to the Cabinet Member for Highways and Transport
Report submitted by: Head of Service - Highways
Date: 9 June 2016
Part I
Electoral Divisions affected:
All
Revision of Charges Relating to Temporary Traffic Regulation Orders
Contact for further information:
Daniel Herbert, (01772) 538654, Network Manager
[email protected]
Michael White, (01772) 535979, Network Regulation Manager
[email protected]
Executive Summary
This report proposes a revision to the charges associated with Temporary Traffic
Regulation Orders or Temporary Road Closures by Notice or for Events. There are
approximately 750 produced per year and the majority of these orders affecting the
vehicular highway network are for the purposes of road and street works carried
out by utility companies and their contractors.
Recommendation
The Cabinet Member for Highways and Transport is asked to approve:
(i) That the charges associated with Temporary Traffic Regulation Orders or
Temporary Road Closures by Notice or for Events, be increased as set out
in the report and implemented from 27th June 2016;
(ii) That the charges are reviewed annually with effect from 27th June 2016 and
that the published Schedule of Fees and Charges for 2016/17 be amended
to show these increases; and
(iii) That the charges for closure Orders and Notices may be waived or reduced
if requested at the discretion of Lancashire County Council and that this
decision is delegated to the relevant Head of Service.
Background and Advice
In light of the officer time involved in processing, approving, generating and dealing
with the enquiries associated with Temporary Traffic Regulation Orders and Notices
a review of the process has been undertaken.
Each stage of the process as dealt with in the County Council's Highways Service
has been reviewed including the officer time involved with each task. This has
resulted in a full refresh of the costs and the inclusion of the corporate on-cost
multiplier of 2.25 to ensure all costs are recovered from the persons undertaking
works by reason of which the Road Traffic Regulation Act 1984 Section 14 Order
was made or Notice given or the person promoting the relevant event by reason of
which the Road Traffic Regulation Act 1984 Section 16A Order was made.
Additionally the County Council's current charge was significantly lower than most
highway authorities in the North West and highway authorities who it benchmarks
with through the Midlands Service Improvement Group. The proposed charge would
bring us in line with these highway authorities.
There are approximately 750 Orders produced per year and the majority of these
orders are for the purposes of road and street works carried out by utility companies
and their contractors. Those affecting the public footpath and bridleway network are
also often for works being carried out on or near the route.
It is proposed that the charges set out below would be implemented on the 27th June
2016 and reviewed annually from this date and that the published Schedule of Fees
and Charges 2016/17 are amended to show the increases as shown below.
Type
Current Charge
Revised Charge
Temporary Order under
Section 14 Road Traffic
Regulation Act 1984
£388 plus advertising
costs
Extension of temporary
order by a further order
£317:50 plus advertising
costs
£585 plus advertising
costs and costs of any
traffic management or
other things done as a
consequence of the
Order
£574 plus advertising
costs and costs of any
traffic management or
other things done as a
consequence of the
Order
£60 and costs of any
traffic management or
other things done as a
consequence of the
Order
£585 plus advertising
costs and costs of any
traffic management or
other things done as a
consequence of the
Order
£585 plus advertising
costs
and costs of any traffic
Extension of temporary
£55
order at the direction of the
Secretary of State
Temporary Notice
(emergency only) under
Section 14 Road Traffic
Regulation Act 1984
£388 plus advertising
costs
Road closures for events
under Section 16A Road
Traffic regulation act
£388 plus advertising
costs
1984
management or other
things done as a
consequence of the
Order
It is proposed that events organised by a registered charity that do not charge an
entry fee for participants may request for the charge to be reduced or waived. It is
proposed that the reduction or waiver would be at the discretion of the authority
delegated to the Head of Service. Advertising costs would still be charged. It is
proposed that this discretion would also extend to the costs of other Orders and
Notices made under S14 as there may be circumstances where the charge should
be reduced or waived.
Based on the above number of orders affecting vehicular highways continuing
income should increase by approximately £128,000 to properly cover the costs of
dealing with these Orders and Notices in the Highways Service. An increase in
income would also be reflected for those Orders and Notices affecting the Rights of
Way Network to cover the costs of officers dealing with those Notices or Orders.
Based on the number of orders affecting vehicular highways (approx. 650
applications per year) continuing, income should increase by approximately
£128,000 to properly cover the costs of dealing with these Orders and Notices in the
Highways service. An increase in income will also be reflected for those Orders and
Notices affecting the Rights of Way Network to cover the costs of officers dealing
with those Notices or Orders.
The Local Authorities (Transport Charges) Regulations 1998 are the charging
provisions whereby the Authority is able to recover its costs for anything done by the
authority in connection with or in consequence of the making of an order under
section 14(1); 14(2) and 16A of the Road Traffic Act 1984.These are the Section 14
Orders or Notices for works and the Section 16A Orders for events. The Regulations
specifically say that the amount of the charge is at the authority's discretion and in
determining the amount the authority shall have regard to the cost of them dealing
with the various Orders or Notices involved. The Orders and Notices under Section
14 have a prescribed procedure to be followed.
Notices or Orders made under section 14 for safety of the public are not able to be
charged for by the authority. Sometimes a Notice may in the first instance be for
safety at the authority's cost but followed by an Order for works whereby the person
undertaking the works can be charged for the Order
Consultations
N/A
Implications:
This item has the following implications, as indicated:
Legal
Those wishing to close a road or prohibit or restrict traffic by making amendments to
things such as parking restrictions or direction of travel or available width on a
temporary basis to facilitate works near a highway or street works or an event, will be
required to pay a higher charge. These charges cover the work involved by several
officers and the advertising and consequential costs. They are not to build a revenue
stream but to cover the cost of dealing with these types of Orders or Notices.
Notices and Orders are as required by the traffic authority and even where an
application is not received, persons may still find themselves liable for a charge.
Risk management
The implications of not increasing the cost are that the full cost of making a
Temporary Traffic Regulation Order or the other Section 14 Notices or Section 16A
Orders is not recovered therefore placing a financial burden on the authority.
Utility contractors and other organisations working on the highway will not apply for a
closure but look for other means to manage traffic whilst undertaking work. This may
result in a drop in applications. This will need to be monitored as a Notice or Order
under Section 14 does not require an application but stems from the traffic authority
being satisfied that traffic on the road should be restricted or prohibited as stated in
Section 14. Orders and Notices may still be required.
Complaints may arise as a result of the increase. This will be mitigated by informing
the regular applicants that the charge is increasing and organisations that organise
events on a regular basis will also be notified in advance.
List of Background Papers
Paper
Date
None
Reason for inclusion in Part II, if appropriate
N/A
Contact/Tel