Agenda item

Action Taken Under Delegated Authority: Amendments to the Crawley Borough Council (Off-Street Parking Places) (Civil Enforcement and Consolidation) Order 2009

On 8 February 2022 Councillor Peter Lamb, as Leader of the Council, took an urgent decision as it has not been possible to convene a meeting of the Cabinet in line with the usual required processes, however the urgency and protection from Call-in procedures have been followed.

 

The Council sought, under its powers contained in the Road Traffic Regulation Act 1984 and all other enabling powers to amend the Crawley Borough Council (Off-Street Parking Places) (Civil Enforcement and Consolidation) Order 2009 in accordance with the Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996 (legislation.gov.uk)

 

The reason for urgency was that the Kingsgate Car Park element of the Off Street Parking Order was time critical and urgent as the Car Park was not in use and as such had a negative impact on the Council’s revenue as no income could be collected. Following this decision to amend the Parking Order to include Kingsgate Car Park it can opened which will ensure the best value for money for the taxpayer.

 

In relation to this matter the Leader agreed to:

 

a)      Approve the following amendments (1, 4, 5 & 6) to the Crawley Borough Council (Off-Street Parking Places) (Civil Enforcement and Consolidation) Order 2009 as set out in section 4.9 of consideration report HCS/037.

1)    To incorporate Kingsgate Car Park into the Parking Order. This car park is an existing car park that was previously run by NCP and has been acquired by the Council.

4)    To amend the charging hours at the Town Hall Multi Storey Car Park so that charges are payable between 7am and 12 midnight.

5)   To introduce weekend and evening rates at the Town Hall Multi Storey Car Park and Orchard Street Multi Storey Car Park

6)   To make administrative changes to the Parking Order including additional methods and means of payment available at all car parks, including Kingsgate

b)      That consideration of proposed amendment 3 (as set to in section 4.9 of the consideration report HCS/037) be referred to a future meeting of the Cabinet.

 

c)       Reconfirm that the Head of Community Services has delegation to consider the proposed amendment 2 (as set to in section 4.9 of the consideration report HCS/037).

 

d)      Delegate implementation of the approved Parking Order to the Head of Community Services in consultation with the Head of Legal, Governance and HR and the Cabinet Member for Environmental Services and Sustainability. This will, following the prescribed the legal process, include:

·         Letter to the objectors

·         Letters seeking the agreement of WSCC (include all objections)

·         Seal Order

·         Notice of Making the Order.

·         Notices for Publication within 14 days of making the Order

·         Specify when the Order has effect (signage)

 

The report (Consideration Report HCS/037 of the Head of Community Services) on which this decision was taken is attached.

 

The reasons for taking this decision were the recommendations are required to ensure that the operation and enforcement of the Council’s portfolio of owned and managed off-street car parks are legally compliant and in place as soon as possible. The recommended approach aims to provide a balance between ensuring a compliant, high quality service which continues to support the wider needs of residents and businesses relating to parking provision, local traffic congestion and mitigate any future potential risks.

 

Without this in place the Council is unable to charge for parking, nor enforce matters, which will have a significant impact on parking availability and income streams to deliver services and maintain parking areas.

 

The Kingsgate Car Park element in particular is time critical and urgent as not having the Car Park in use has a negative effect on the Council’s revenue as no income can be collected. As soon as a decision can be made to amendment the Parking Order to included Kingsgate Car Park it can opened which ensures the best value for money for the taxpayer.

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