Hillingdon Council Cabinet Member and Officer Decisions
Objections to a proposed motorcycle bay outside Nos. 310 to 312 Kingshill Avenue, Hayes
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Democratic Services Location: Phase II Ext: 0833 DDI: 01895 250833 CMD No: 258 To: COUNCILLOR JOHN RILEY CABINET MEMBER FOR PUBLIC SAFETY AND TRANSPORT c.c. All Members of the Public Safety & Transport Select Committee c.c. Ward Councillors for Charville c.c. Perry Scott – Infrastructure, Transport & Building Services c.c. Catherine Flew – Infrastructure, Transport and Building Services c.c. Conservative and Labour Group Offices (inspection copy) Date: 18 August 2021 Non-Key Decision request Form D OBJECTIONS TO A PROPOSED MOTORCYCLE PARKING BAY OUTSIDE NOS. 310 TO 312 KINGSHILL AVENUE, HAYES 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 Thursday 26 August 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 Cor porate Director before it is made. Please indicate your decision on the duplicate memo supplied and return it to me when you have made your decision. I will then arrange for the formal notice of decision to be published. Jack Roberts Democratic Services Apprentice Title of Report: Objections to a Proposed Motorcycle Parking Bay Outside Nos. 310 to 312 Kingshill Avenue, Hayes 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 – 18 August 2021 Page 1 Part I - Public Objections to a Proposed Motorcycle Parking Bay Outside Nos. 310 to 312 Kingshill Avenue, Hayes Cabinet Member Councillor John Riley Cabinet Portfolio Cabinet Member for Public Safety and Transport Officer Contacts Catherine Flew, Infrastructure, Transport and Building Services Papers with report Appendix A – plan showing the proposed motorcycle bay outside Nos. 310 to 312 Kingshill Avenue HEADLINES Summary To inform the Cab inet Member that objections in the form of a petition and a separate r epresentation have been received to the proposal for a motorcycle parking bay outside Nos. 310 to 312 Kingshill Avenue. Putting our Residents First This report supports the following Council objectives of: Our People and Our Built Environment. Financial Cost The estimated cost implications in relation to the recommendations set out in this report is £1,500. Relevant Select Committee Public Safety and Transport Select Committee. Relevant Ward Charville. RECOMMENDATIONS That the Cabinet Member for Public Safety and Transport: 1. notes the petition objecting to the proposed motorcycle bay outside Nos. 310 to 312 Kingshill Avenue received during the statutory consultation; 2. notes the separate representation concerning the proposed motorcycle bay outside Nos. 310 to 312 Kingshill Avenue received during the statutory consultation; 3. approves the installation of the motorcycle bay outside Nos. 310 to 312 Kingshill Avenue as indicated on Appendix A; and 4. Asks officers to review the situation with the motorcycle parking bay after a period of six to twelve months and report back to the Cabinet Member. Cabinet Member Report – 18 August 2021 Page 2 Part I - Public Reasons for recommendations The proposed motorcycle bay aims to better manage the parking by providing a dedicated place for motorcyclists to park and is broadly supported by the Charville Ward Councillors Alternative options considered / risk management The Cabinet Member s could decide not to proceed with the installation of the proposed motorcycle parking bay and retain the area as a footway. Select Committee comments None at this stage. SUPPORTING INFORMATION 1. Kingshill Avenue Shopping Parade is a popular shopping parade serving the local community and forms part of the Town Centre Initiatives 2018/21 programme. 2. Concept designs for public realm works were shared with the Charville Ward Councillors and Cabinet Member in September 2018. In response to the Covid-19 pandemic, implementation of the public realm upgrades originally scheduled in 2020/21 paused during lockdown. Detailed design proposals and costs were agreed with the new Cabinet Member on 10 February 2021 and shared with Charville Ward Councillors on 19 February 2021. 3. The initial street lighting upgrade was completed in February 2021. An information letter detailing the planned public realm works expected for completion by end of October 2021 was distributed to the directly affected residents and businesses in early May 2021. The public realm works expected were: • New paving throughout, including the extensive private forecourts; • Better use made of the existing informal parking by demarcating individual parking bays; • Improved access to disabled parking bays; • Provision of a new solo motorcycle parking bay outside Costcutter, subject to formal consultation; • Decluttering the street scene by removing extensive lengths of guard railing and bollards; • New raised table at the Adelphi Way junction to provide an informal crossing point; • Removing unnecessary street furniture and replacing with contemporary benches, new trees and new cycle stands; • Mural on Post Office wall to give a unique feature and further uplift to the parade 4. Following the information letter, s tatutory consultation was carried out for the proposed motorcycle bay, as shown in the plan attached as Appendix A to this report. Cabinet Member Report – 18 August 2021 Page 3 Part I - Public 5. During the statutory consultation, the Council received a petition of 86 signatures objecting to the proposed motorcycle bay . A separate representation from a resident who lives nearby was also received with concerns that the proposed motorcycle bay will further encourage motorists to further block their driveway. 6. The main concerns highlighted in the petition and follow-up correspondence with the lead petitioner are summarised below: • A motorcycle could hypothetically go onto the pavement and collide with a pram or a school pupil; • Motorists approaching the zebra crossing could, in the petitioner’s view, be somehow distracted by the motorcycle bay; and • Noise nuisance e.g. motorcyclists revving up their engines intimidating visitors and affecting residents in close proximity 7. In response to the petition, the layout of the proposed motorcycle bay can be clarified to help address the concerns raised. The area of the proposed motorcycle bay will be lowered to road level with full height kerb edging. This means there will be a level change between the motorcycle bay and pavement, as with the existing two laybys fronting the shops at Kingshill Parade. Cycle stands are also planned to be installed on the pavement in front of the proposed motorcycle bay. 8. The noise nuisance concer ns are acknowledged and appear to be an emotion- based perception of a situation that has not arisen. The Metro politan Police Design Out Crime Officer has attended a site meeting and did not raise any direct antisocial behaviour concerns with the proposed motorcycle bay. 9. In response to the separate representation, the Cabinet Member will be aware that illegally parked vehicles which are blocking vehicle crossovers can be reported to the enforcement hotline. 10. The Charville Ward Councillors have been informed of the responses received and their views sought on whether or not they are in support of the proposed motorcycle parking bay. Two Ward Councillors responded and have indicated their support for the inclusion of the proposed motorcycle parking bay. 11. There are currently two existing parking laybys fronting the shops along Kingshill Parade which motorcyclists can park within. The proposed motorcycle bay aims to better manage the parking by providing a dedicated place for motorcyclists to park and to help maximise the available parking for visitors using the parade. The proposed motorcycle bay is broadly supported by the Charville Ward Councillors. It is therefore recommended to proceed with the installation of the proposed motorcycle bay outside Nos. 310 to 312 Kingshill Avenue as proposed and indicated in Appendix A. 12. In response to the concerns raised during the statutory consultation, it is also recommended that officers review the situation with the motorcycle bay after a period of six to twelve months and report back to the Cabinet Member. Should the petition be Cabinet Member Report – 18 August 2021 Page 4 Part I - Public formally heard in the intervening period, this recommendation can be suggested as a practical and pragmatic response, dealing with a real situation on the ground rather than something that has been imagined as a predicted scenario. Financial Implications The proposed motorcycle bay forms part of the proposals for the Kingshill Avenue Shopping Parade which has capital approval in place totalling £422k, funded from both the Shopping Parade Initiatives capital budget and Chrysalis funding. The estimated cost associated with the recommendations to this report is £1.5k, which will be contained within the £422k capital budget allocated for the Kingshill Avenue Shopping Parade Improvements. RESIDENT BENEFIT & CONSULTATION The benefit or impact upon Hillingdon residents, service users and communities The proposed motorcycle bay aims to better manage the parking by providing a dedicated place for motorcyclists to park and to help maximise the available parking for visitors using the parade Consultation carried out or required Statutory consultation was carried out between 19 May to 9 June 2021 by the insertion of public notices in a local newspaper, the London Gazette and displayed on site. Additionally, the Council wrote to the residential properties abutting the section of road where the changes are proposed. No further consultation is required, however, a final notice of making will be required if the Cabinet Member decides to approve the recommendations of this report. CORPORATE CONSIDERATIONS Corporate Finance Corporate Finance have reviewed the report and concur with the financial implications contained within the report. The cost changes totalling £1.5k can be contained in the £422k budget for Kingshill Avenue Shopping Parade. Legal The Council’s power to make orders to implement a motorcycle parking bay outside Nos. 310 to 312 Kingshill Avenue 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 Tr affic Regulation Act 1984. The consultation and order making statutory procedures to be followed in this case are set out in The Local Authorities’ Traffic Orders (Procedures) (England and Wales) Regulations 1996 (SI Cabinet Member Report – 18 August 2021 Page 5 Part I - Public 1996/2489). The Traffic Signs Regulati ons and General Directions 2016 set out the signage requirements, which must be observed. In considering consultation responses, section 122 of the Road Traffic Regulation Act 1984 means that the Council must balance the concerns of the objectors with the statutory duty to secure the expeditious, convenient and safe movement of vehicular and other traffic. There are a set of well-established common law rules which set out the requirements of a lawful public consultation which are known as the Gunning princ iples. They were endorsed by the Supreme Court in the Moseley case. The principles can be summarised as follows: − Consultation should occur when proposals are at a formative stage; − Consultations should give sufficient reasons for any proposal to permit i ntelligent consideration; − Consultations should allow adequate time for consideration and response; and − The product of consultation should conscientiously be taken into account by the decision maker. There are a very significant number of judicial review cases which involve successful challenges to the lawfulness of a consultation undertaken by a public authority, so it is imperative that the Gunning principles are closely followed. Infrastructure / Asset Management None at this stage. Comments from other relevant service areas None at this stage. BACKGROUND PAPERS NIL. TITLE OF ANY APPENDICES Appendix A – plan showing the proposed motorcycle bay outside Nos. 310 to 312 Kingshill Avenue BRENTSIDE CARSCOSTCUTTERCOSTCUTTERKING'S PERI PERIKINGHILLKEBAB 3.605.60 Existing Belisha beacons to bereplaced by hooded "Zebrite"Belisha beacons 1.710.91
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Executive Decision Notice – 27 August 2021 Page 1 This notice is a public document also available to view on the Council's website www.hillingdon.gov.uk OFFICIAL EXECUTIVE DECISION NOTICE PUBLISHED BY DEMOCRATIC SERVICES Notice is hereby given that the following decision(s) have been made today by Cabinet Members at the London Borough of Hillingdon: Title of decision Objections to a Proposed Motorcycle Parking Bay Outside Nos. 310 to 312 Kingshill Avenue, Hayes Reference No. CMD 258 Date of decision 27 August 2021 Call-in expiry date 6 September 2021 Relevant Select Committee(s) Public Safety and Transport Select Committee Relevant Ward(s) Charville Decision made Cabinet Members making the decision Councillor John Riley - Cabinet Member for Public Safety and Transport DECISION APPROVED That the Cabinet Member for Public Safety and Transport: 1. noted the petition objecting to the proposed motorcycle ba y outside Nos. 310 to 312 Kingshill Avenue received during the statutory consultation; 2. noted the separate representation concerning the proposed motorcycle bay outside Nos. 310 to 312 Kingshill Avenue received during the statutory consultation; 3. approved the installation of the motorcycle bay outside Nos. 310 to 312 Kingshill Avenue as indicated on Appendix A; and 4. asked officers to review the situation with the motorcycle parking bay after a period of six to twelve months and report back to the Cabinet Member. Executive Decision Notice – 27 August 2021 Page 2 This notice is a public document also available to view on the Council's website www.hillingdon.gov.uk Reason for decision The proposed motorcycle bay aims to better manage the parking by providing a dedicated place for motorcyclists to park and is broadly supported by the Charville Ward Councillors Alternative options considered and rejected The Cabinet Members could decide not to proceed with the installation of the proposed motorcycle parking bay and retain the area as a footway. Classification Public. Link to associated report here Relevant Officer contact & Directorate Catherine Flew, Infrastructure, Transport and Building Services Any interest declared by the Cabinet Member(s) / dispensation granted N/A Implementation of decision & scrutiny call-in [Internal Use only] When can this decision be implemented by officers? Officers can implement the Cabinet Member decision in this notice only from the expiry of the scrutiny call-in period which is: 5pm, Monday 6 September 2021 However, this is subject to the decision not being called in by Councillors on the relevant Select Committee. Upon receipt of a valid call-in request, Democratic Services will immediately advise the relevant officer(s) and the decision must then be put on hold. Councillor scrutiny call- in of this decision Councillors on the relevant Select Committee shown in this notice may request to call-in this decision. The request must be before the expiry of the scrutiny call-in period above. Councillors should use the Scrutiny Call-in App (link below) on their devices to initiate any call-in request. Further advice can be sought from Democratic Services if required: Scrutiny Call-In - Power Apps (secure) Further information These decisions, where applicable, have been taken under The Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012. This is the formal notice by the Council of the above executive decision, including links to the reports where applicable. If you would like more information on this decision, please contact Democratic Services on 01895 250636 or email: democratic@hillingdon.gov.uk. Circulation of this decision notice is to a variety of people including Members of the Council, Corporate Directors, Officers, Group Secretariats and the Public. Copies are also placed on the Council’s website. Executive Decision Notice – 27 August 2021 Page 3 This notice is a public document also available to view on the Council's website www.hillingdon.gov.uk Democratic Services London Borough of Hillingdon Civic Centre High Street Uxbridge UB8 1UW