Hillingdon Council Cabinet Member and Officer Decisions
Petworth Gardens, Hillingdon - Objection To Proposed Disabled Person Parking Bay
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Democratic Services
Location: Phase II
Ext: 0833
DDI: 01895 250833
CMD No: 260
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 Hillingdon East
c.c. Perry Scott – Infrastructure, Transport & Building
Services
c.c. Caroline Haywood, Infr astructure, Transport &
Building Services
c.c. Conservative and Labour Group Offices
(inspection copy)
Date:
20 August 2021
Non-Key Decision request Form D
PETWORTH GARDENS, HILLINGDON - 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 Tuesday 31 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 Corporate 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: PETWORTH GARDENS, HILLINGDON - 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 – 20 August 2021 Page 1
Part 1 - Public
PETWORTH GARDENS, HILLINGDON - OBJECTION TO PROPOSED
DISABLED PERSON PARKING BAY
Cabinet Member Cllr John Riley
Cabinet Portfolio Public Safety and Transport
Officer Contact Caroline Haywood, Transport & Projects
Papers with report Appendices A, B and C
HEADLINES
Summary
To inform the Cabinet Member that objections have been received
to the proposed disabled bay on Petworth Gardens, Hillingdon.
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 £5 00 and will be met from within existing revenue
budgets for the Transportation Service.
Relevant Select
Committee
Public Safety and Transport
Relevant Ward Hillingdon East
RECOMMENDATIONS
That the Cabinet Member for Public Safety and Transport:
1. notes the application for a disabled parking bay on Petworth Gardens, Hillingdon;
2. considers the objections to the proposed disabled persons parking bay on Petworth
Gardens, Hillingdon; and
3. approves the amendment to the installation of the proposed disabl ed persons
parking bay on Petworth Gardens, as shown in Appendix C to this report.
Cabinet Member Report – 20 August 2021 Page 2
Part 1 - Public
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.
Alternative options considered / risk management
None at this stage.
Select Committee comments
None at this stage.
SUPPORTING INFORMATION
1. Petworth Gardens is a mainly residential road within Hillingdon East Ward and is in close
proximity to local shops and Ryefield Primary School on Ryefield Avenue. It appears that
some of the properties in the area do not have access to any off-street parking facilities
and rely upon the available kerbside spaces . 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 Petworth
Gardens. 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.
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 three emails
objecting to this proposed disabled parking bay.
4. The first objector stated " We are extremely concerned about the parking issues that we
already have on our road. The proposed space is where either me or my husband usually
park if it is available. Due to the current lack of parking spaces if either me or my husband
are home late (past 6pm) it is not uncommon for us to be parked right at the beginning of
the road or even in the road behind. We have small children and as you can imagine it is
not ideal for us to have to park such a distance especially when we have shopping to carry
too..........There was a proposal last year for yellow lines to be added outside but this was
refused as it would have taken too many spaces away from t he residents. I also believe
that there is a current application for a dropped kerb to be added directly opposite the
proposed disabled space this again will be taking away the very limited parking that we
have. …..We are not against a disabled space being m ade if there was more additional
parking added first. Otherwise, it would be a total nightmare for us and many residents on
our already crammed road.”
Cabinet Member Report – 20 August 2021 Page 3
Part 1 - Public
5. The second objector stated “I would like to say that I totally support the need for a disabled
parking space for any resident who may need one. I do however have some concerns. My
first concern is with the fact that our road is extremely busy for parking at the best of times
and having a space taken away for other residents is going to cause my husband and I
further problems when accessing our driveway. Over the last year we have had on at least
5 occasions been unable to exit our driveway due to the parking of the cars on the
road.........”
6. The third objector stated “I obj ect to this as parking is hard enough as it is and by doing
this you will be taking away 3 parking spaces as the kerb opposite the proposed bay will
not be able to accommodate 2 cars that already park there as it will make the road too
narrow for traffic to pass through.....I struggle already to get parked plus also being refused
a dropped kerb.....I would not objec t if it was to be placed half & half as residents of
Petworth gardens already park like this and therefore a bay of this design will not take
away any parking spaces.”
7. The comments from the objectors are acknowledged. However, from Council officers' 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
Petworth Gardens 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 lo nger required due to either a change in
circumstances, are reported to be unused or if the resident has moved away.
8. The local Ward Councillors have been consulted and two have responded and have
reservations about the provision of a blue badge disabled parking bay due to the existing
parking pressures in the road.
9. However, following detailed discussions with the Council’s Princi pal Access Officer, we
have been advised that under the Equality Act 2010 (EqA) the Local Highways Authority
has a responsibility to ensure that disabled people have reasonable access to convenient
parking facilities. This is known as the ‘duty to make reasonable adjustments’. What is
reasonable depends on several factors. However, in this instance, the disabled resident
meets the criteria for an on-street parking bay and many residents do have access to off -
street parking. It would be a reasonable adjustment to ‘guarantee’ this resident a parking
sp
ot close to their home.
10. Notwithstanding the three objections received and the concerns raised by two Ward
Councillors, it would be entirely appropriate within the ambit of the EqA s.13(3) to treat the
disabled resident more favourably, as access to parking close to the home is likely a matter
of necessity, not convenience.
11. To deny this resident an on-street parking bay, despite them meeting the criteria could be
challenged under the Equality Act 2010.
Cabinet Member Report – 20 August 2021 Page 4
Part 1 - Public
12. However, following careful consideration comments of the three objectors it is proposed to
adjust the location of the bay and place it with two wheels on the footway, allowing the
existing parking arrangements to remain on the other side of the road and maintain as
much parking as possible.
13. 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 amendment to
the proposed formalisation of the disabled parking bay on Petworth Gardens, as shown in
Appendix C to this report.
Financial Implications
The estimated cost of installing the proposed disabled parking bay and signpost is £ 500 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.
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).
Cabinet Member Report – 20 August 2021 Page 5
Part 1 - Public
In exercising any of the powers under the Road Traffic Regulat ion 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 25 / 23 Petworth
Gardens 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
TITLE OF ANY APPENDICES
Appendix A - location plan
Appendix B - plan of proposal
Appendix C – revised proposal
Cabinet Member Report – 20 August 2021 Page 6
Part 1 - Public
Appendix A - location plan
Cabinet Member Report – 20 August 2021 Page 7
Part 1 - Public
Appendix B - plan of proposal
Cabinet Member Report – 20 August 2021 Page 8
Part 1 - Public
Appendix C – revised proposal
View Decision / Minutes Text
Executive Decision Notice – 3 September 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
PETWORTH GARDENS, HILLINGDON - OBJECTION TO
PROPOSED DISABLED PERSON PARKING BAY
Reference No. 260
Date of decision Friday, 3 September 2021
Call-in expiry date 5pm, on 10 September 2021
Relevant Select
Committee(s)
Public Safety and Transport Select Committee
Relevant Ward(s) Hillingdon East
Decision made
Cabinet Members
making the decision
Cllr Councillor John Riley - Cabinet Member for Public Safety &
Transport
DECISION
APPROVED
That the Cabinet Member for Public Safety and Transport:
1. noted the application for a disabled parking bay on
Petworth Gardens, Hillingdon;
2. considered the objections to the proposed disabled
persons parking bay on Petworth Gardens,
Hillingdon; and
3. approved the amendment to the installation of the
proposed disabled persons parking bay on Petworth
Gardens, as shown in Appendix C to the report linked
below.
Reason for decision The formal disabled parking bay is intended to benefit disabled
people by designating a parking space for the use of Blue Badge
holders.
Alternative options
considered and
rejected
None at this stage.
Classification Part 1 – Public
Executive Decision Notice – 3 September 2021 Page 2
This notice is a public document also available to view on the Council's website www.hillingdon.gov.uk
Link to associated
report
Link to report.
Relevant Officer
contact & Directorate
Caroline Haywood, Transport & Projects
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 Cabinet Member decision in this notice only from the
expiry of the scrutiny call-in period which is:
5pm, on 10 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.
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