Agenda item

To receive a report from the Head of People, Performance and Waste and the Environment and Enforcement Manager on the Halberton car parking spaces revision to off street parking order.

The Cabinet had before it a report * from the Head of People, Performance and Waste on the Mid Devon Off Street Parking Places Order.

The Cabinet Member for Finance, Governance and Risk outlined the contents of the report with particular reference to the following:

• The Mid Devon Off Street Parking Places Order with recent changes to car parking provision across the district, ensured that parking regulations remained fit for purpose, supporting residents, businesses, and the wider community.
• One of the key amendments was the incorporation of five parking spaces within Halberton known as “The Orchard” into the Off Street Parking Places Order. As Members would be aware, on-street parking in some of the communities was extremely limited, and this measure would enable residents to use those designated spaces while helping to ease congestion on the highway, ensuring the free and expeditious movement of traffic.
• Additionally, the report sought to provide greater clarity around electric vehicle charging infrastructure. The Council had been actively working with contractors to install electric vehicle charging points at numerous locations across the district, improving infrastructure and supporting our climate sustainability goals. The proposed amendments included updated wording to reflect legislative changes and ensured the correct use of electric vehicle bays and charging points.

RESOLVED that:

1. On being satisfied that the statutory grounds for amending and varying the OSPPO were met, as detailed in the Report, to authorise Officers to commence statutory consultation for the following proposed amendments to the OSPPO:

·         To incorporate as appropriate references to up to date legislative regulations including The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022. The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022.

·         To incorporate within the OSPPO, 5 parking spaces known as ‘The Orchard’ in Halberton for the purpose of permit only parking.

·         To amend the OSPPO to incorporate the access roads within Carpenter Close, Tiverton to be subject to a restriction in the OSPPO of no parking.

·         For the OSPPO to include new provisions relating to electric vehicles and electric vehicle parking bays. The OSPPO would provide that only electric vehicles could park in an electric vehicle parking bay in order to recharge using the electric charging point provided the electric vehicle met the following definition of an electric vehicle "Electric Vehicle" means an Electric Vehicle or plugin hybrid a vehicle that was powered entirely or partially by electricity and was capable of being recharged from an Electric Charging Point or external electric power source. The Electric Vehicle must be licensed as private or private/light goods and not exceeding 2500kg in weight or 2 metres in height.”

·         The wording of the OSPPO to be amended to allow for electronic payment of parking fees along the lines of using the definition below :-

““Electronic Payment" means a cashless parking payment method of charges for use in a parking place where facilities at that parking place allowed payment by telephone or electronic means, allowing vehicles of such classes, in such positions, on such days, during such hours and for such periods as are specified at each parking place and specified in the Schedule of Parking Places to be parked for the period of time for which electronic payment has been made. A transaction fee (convenience charge) may be incurred in addition to the scale of current charges as specified on site and specified in the schedule, for the use of this electronic payment method.”

2. Delegated authority to be granted to the Director of Legal, People & Governance (Monitoring Officer) to draft the order amending the OSPPO above including making such minor amendments to go out to consultation.

3. In the event that there were no material objections to the proposed amendments and variations as determined by the Operations Manager for Street Scene and Open Spaces, in consultation with the Cabinet Member for Service Delivery and Continuous Improvement, to grant delegated authority to the Director of Legal, People & Governance (Monitoring Officer) to make the order amending the OSPPO as recommended in the report.

(Proposed by Cllr J Buczkowski and seconded by Cllr J Wright)

Reason for Decision:

The OSPPO was designed to accurately reflect the Council’s parking service and was a legal requirement that allowed the Council to provide such services.

Note: * Report previously circulated.