Hillingdon Council Cabinet Member and Officer Decisions
Elmlea Drive, Hayes - Objection to Proposed DIsabled Person Parking Bay
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Democratic Services Location: Phase II Ext: 0185 DDI: 01895 250185 My Ref: LP To: COUNCILLOR JOHN RILEY CABINET MEMBER FOR PUBLIC SAFETY AND TRANSPORT c.c. All Members of Executive Scrutiny Committee c.c. Perry Scott, Residents Services c.c. Caroline Haywood, Residents Services c.c. Chairman of the Residents, Education and Environmental Services Policy Overview Committee c.c. Ward Councillors for Townfield c.c. Conservative and Labour Group Offices (inspection copy) Date: 02 February 2021 Non-Key Decision request Form D ELMLEA DRIVE, HAYES - OBJECTION TO PROPOSED DISABLED PERSON PARKING BAY Dear Cabinet Member Attached is a report requesting that a decision be made by you as an individual Cabinet Member. Democratic Services confirm that this is not a key decision , as such the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 notice period does not apply. You should take a decision on or after Wednesday 10 February 2021 in order to meet Constitutional requirements about publication of decisions that are to be made. You may wish to discuss the report with the Corporate Director before it is made. Please indicate your decision on the duplicate memo supplied, and return it to me when y ou have made your decision. I will then arrange for the formal notice of decision to be published. Liz Penny Democratic Services Officer Title of Report: Elmlea Drive, Hayes - Objection to Proposed Disabled Person Parking Bay Decision made: Reasons for your decision: (e.g. as stated in report) Alternatives considered and rejected: (e.g. as stated in report) Signed ………………………………………………………Date…………………….. Cabinet Member for Public Safety and Transport Cabinet Member Report – 2 February 2021 Page 1 (Part 1 Public) ELMLEA DRIVE, HAYES - OBJECTION TO PROPOSED DISABLED PERSON PARKING BAY Cabinet Member(s) Cllr John Riley Cabinet Portfolio(s) Public Safety and Transport Officer Contact(s) Caroline Haywood, Transport & Projects Papers with report Appendices A & B HEADLINES Summary To inform the Cabinet Member that an objection has been received to the proposed disabled bay on Elmlea Drive, Hayes. Putting our Residents First The request can be considered as part of the Council’s annual programme of road safety initiatives. Financial Cost The cost associated with the recommendations to this report is estimated at £100 and will be met from within existing revenue budgets for the Transportation Service. Relevant Policy Overview Committee Residents, Education and Environmental Services Relevant Ward(s) Townfield RECOMMENDATIONS That the Cabinet Member for Public Safety and Transport: 1. notes the application for a disabled parking bay outside No 12 Elmlea Drive, Hayes; 2. considers the objection to the proposed disabled persons parking bay on Elmlea Drive, Hayes; and 3. approves the installation of the proposed disabled persons parking bay on Elmlea Drive, as shown in Appendix B to this report. Reasons for recommendations The formal disabled parking bay is intended to benefit disabled people by designating a parking space for the use of Blue Badge holders. Cabinet Member Report – 2 February 2021 Page 2 (Part 1 Public) Alternative options considered / risk management None at this stage. Democratic compliance / previous authority None at this stage. Policy Overview Committee comments None at this stage. SUPPORTING INFORMATION 1. Elmlea Drive is a residential cul-de-sac of 12 houses within Townfield Ward. The properties do not have off street parking and there are existing double yellow lines at the start of the road to help maintain access. The road is opposite the Beck Theatre and next to Hayes Cottage Hospital, Renal Unit and nursing home. It is in close proximity to local shops on the Uxbridge Road. A plan of the area is shown on Appendix A to this report. 2. The Council received an application for a disabled parking bay from a resident of Elmlea Drive. The application fully met the Council's assessment criteria for the provision of an on-street disabled parking bay. As a result, a proposal was developed for an on-street disabled parking bay close to the resident’s property, whilst maintaining as much parking for other residents as possible. It was noted from officer’s site visit that residents are double parking and, whilst this practice appears to block other residents in, it does maximise the limited space. 3. Approval was subsequently granted by Delegated Officer’s Action to progress this proposal to the statutory consultation stage. Formal notice was given of the Council’s intentions for statutory consultation on the proposal shown in Appendix B to this report, and a 21-day notice of intent was duly published. During this period, the Council received one email objecting to this proposed disabled parking bay. 4. The objector stated "I am extremely concerned because I live in a small street with very limited parking spaces. Most of the street is pedestrianised meaning that nearby spaces are often difficult to find…….. I rely on family support for shopping, medical and daily assistance………I understand an unnamed resident of Elmlea Drive has requested a dedicated parking space for disability access. Anyone visiting this small space would quickly realise that such a move would make the current situation with parking completely untenable for the rest of the tenants including myself. To my knowledge, elderly, and or chronically ill people live at numbers 2, 6, 8, 10 and 11 ………..and all would be deserving of parking priority. Currently it appears that householders………….use the small road for parking large commercial vehicles in addition to family cars, rendering parking already extremely difficult. ……….double yellow lines which were added to the road about two decades ago create more congestion Cabinet Member Report – 2 February 2021 Page 3 (Part 1 Public) problems. My intention is that a fair and proper decision can be made taking into consideration the needs of all residents.” 5. The comments from the objector are acknowledged. However, from Council offices' site observations and detailed investigations, the applicant meets the Council's assessment criteria for an on-street disabled parking bay. The proposed formal disabled parking bay in Elmlea Drive would be available for any Blue Badge holder to use without time limit. The Council continually reviews the use of on-street disabled parking bays and will consider their removal if they are no longer required due to either a change in circumstances, are reported to be unused or if the resident has moved away. 6. Whilst it is understood that the provision of Blue Badge disabled bays can lead to strong feelings both for and against their introduction, the Council's criteria have been met in this instance. It is therefore recommended that the Council proceeds with the formalisation of the disabled parking bay on Elmlea Drive, as shown in Appendix B to this report. Financial Implications The estimated cost of installing the proposed disabled parking bay and signpost is £100 and will be managed within existing revenue transportation budgets RESIDENT BENEFIT & CONSULTATION The benefit or impact upon Hillingdon residents, service users and communities The proposed disabled parking bay is intended to benefit disabled people by designating a parking space for the sole use of Blue Badge holders. Consultation carried out or required Consultation has been carried out on this proposal through a notice on site and in the local press. Local Ward Councillors have also been consulted. CORPORATE CONSIDERATIONS Corporate Finance Corporate Finance has reviewed the recommendations to this report and concurs with the financial implications as set out above. Legal The Council’s power to make orders to implement a disabled person's parking bay is set out in the Road Traffic Regulation Act 1984. The power to create/provide designated parking places is set out in Part IV of the Road Traffic Regulation Act 1984. Cabinet Member Report – 2 February 2021 Page 4 (Part 1 Public) The Traffic Signs Regulations and General Directions 2016 govern road traffic signs and road markings and there are no special circumstances drawn to our attention that would prevent the scheme proceeding provided that the appropriate statutory procedures are followed. The consultation and order making statutory procedures that should be followed in this case are set out in The Local Authorities’ Traffic Orders (Procedures) (England and Wales) Regulations 1996 (SI 1996/2489). In exercising any of the powers under the Road Traffic Regulation Act 1984 (as amended), the Council have to consider their statutory duty to secure the expeditious, convenient and safe movement of vehicular and other traffic including pedestrians, and the provision of suitable and adequate parking facilities on and off the highway. These powers must be exercised so far as practicable having regard to the following matters: a. the desirability of securing and maintaining reasonable access to premises b. the effect on the amenities of any locality affected including the regulation and restriction of heavy commercial traffic so as to preserve or improve amenity c. the national air quality strategy d. facilitating the passage of public service vehicles and securing the safety and convenience of their passengers; and e. any other matters appearing to the Council to be relevant. These powers must be balanced with the concerns raised by the objector. Availability for any Blue Badge holder to use the disabled parking bay outside No 12 Elmlea Drive is a relevant consideration in deciding whether to make this form of order. In considering the consultation responses, decision makers must ensure there is a full consideration of all representations arising including those which do not accord with the officer's recommendation. The decision maker must be satisfied that responses from the public were conscientiously taken into account. When making decisions, the Council should be mindful of its public sector equality duty under section 149 of the Equality Act 2010. Infrastructure / Asset Management There are no property implications resulting from the recommendations set out in this report. Comments from other relevant service areas None at this stage. BACKGROUND PAPERS • Traffic order • Objection emails Cabinet Member Report – 2 February 2021 Page 5 (Part 1 Public) TITLE OF ANY APPENDICES Appendix A - location plan Appendix B - plan of proposal © Crown copyright and database rights 2021 Ordnance Survey 100019283 APPENDIX A Elmlea Drive DISABLED Notes: Elmlea Drive, Hayes Disabled bayDISABLEDProposeddisabledparking bay APPENDIX B
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Cabinet Member Decision Notice – 12 February 2021 OFFICIAL DECISION NOTICE PUBLISHED BY DEMOCRATIC SERVICES ON 12 FEBRUARY 2021 The Cabinet Member for Public Safety and Transport has made the following decision today: 1. THE CABINET MEMBER FOR PUBLIC SAFETY AND TRANSPORT ELMLEA DRIVE , HAYES – OBJECTION TO PROPOSED DISABLED PERSON PARKING BAY DECISION: That the Cabinet Member for Public Safety and Transport: 1. noted the application for a disabled parking bay outside No 12 Elmlea Drive, Hayes; 2. considered the objection to the proposed disabled persons parking bay on Elmlea Drive, Hayes; and 3. approved the installation of the proposed disabled persons parking bay on Elmlea Drive, as shown in Appendix B to the report. REASONS FOR THE DECISIONS MADE The formal disabled parking bay is intended to benefit disabled people by designating a parking space for the use of Blue Badge holders. ALTERNATIVES CONSIDERED AND REJECTED None at this stage. FURTHER INFORMATION The detailed report relating to this decision is available to view here. Perry Scott, Director of Infrastructure, Procurement, Business Improvement, Communications, Waste Services and ICT Caroline Haywood, Residents Services DECISION AUTHORITY & IMPLEMENTATION Where required, these decisions have been taken under The Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012. These decisions, unless called in, will come into effect from 5pm on Friday 19 February 2021. This is the formal notice by the Council of the above decisions. If you would like more information on any of the decisions, please contact Democratic Services on 01895 250636. The right hand column indicates the name of the officer(s) responsible for implementing / following up the decision in each case. Circulation of this decisions sheet is to a variety of Cabinet Member Decision Notice – 12 February 2021 people including Members of the Council, Corporate Directors, Officers, Group Secretariats and the Public.