Highways & Neighbourhoods Cabinet Member – Minutes – 13 June 2013

The Food Standards Agency required the council to write a plan which set out how food work would be carried out. The council enforced both Food Safety and Food Standards (Consumer Protection) legislation. It also carried out work on the composition and safety of Animal Feeding Stuffs.

Appendices 1 and 2 to the report contained two documents which made up the council’s Food Service Plan.

The planned activity was in two documents, one for Food Safety and one for Food Standards.  The latter document now had to include Feed Law Enforcement work.

The Food Standards Agency required the council to approve the Food Service Plan.

Resolved – That Food Service Plan for 2013/2014 be approved.

65                (14) HEALTH AND SAFETY (H&S) SERVICE PLAN 2013/14 – The Director of Places submitted a report seeking approval for the H&S Service Plan for 2013/2014.

The council were required to make suitable arrangements to carry out H&S work within its area.  The council used HSE guidance which set out an enforcement framework.

The H&S Service Plan 2013/14, at Appendix 1 to the report, required the approval of the council.

The plan showed the resources needed to undertake the different aspects of the H&S service.  H&S and food safety work would be carried out at the same time in order to reduce the burden on business.

Resolved – That the Health and Safety Service Plan 2013/2014 be approved.

66                (15) REVIEW OF THE ACCESS PERMIT SYSTEM FOR HOUSEHOLD RECYCLING CENTRES – The Director of Places submitted a report seeking agreement to review the current household recycling centre access permit system for residents with vans or similar commercial-type vehicles, and seeking approval for a consultation on the proposed changes with existing permit holders and the wider community.

The council operated a permit system that regulated access by vans or similar commercial-type vehicles onto its household recycling centres. Households that only owned a van or commercial-type vehicle could apply for a permit.  The permit allowed unlimited access.

The council had a statutory duty to provide recycling and disposal facilities for residents. These dealt with domestic waste. The council could charge to receive commercial waste, although that did not currently happen.

Waste generated in connection with a business, commercial waste, should not be disposed of at a household recycling centre. It was believed that commercial waste carriers were bringing their waste in under the guise of a permitted vehicle to avoid paying disposal charges. Evidence from the permit database supported this belief.

Appendix A to the report contained a suggested document for use in conducting a consultation exercise.  It was proposed that this be issued to all existing permit holders.  It would also be made available at all of the household recycling centres during the consultation period, as well as forming the basis for any web-based or social media feedback.

Resolved – (a) That the proposed changes be agreed in principle; (b) that a consultation exercise be undertaken on the basis of the information shown in Appendix A to the report, and (c) that a final report be submitted to the Cabinet Member at a later date, incorporating the outcome of the consultation and any recommended changes to the permit access system.

67              (16) ENVIRONMENTAL OFFENCES (FIXED PENALTIES) (MISCELLANEOUS PROVISIONS) (AMENDMENT) REGULATIONS 2012 – The Director of Places submitted a report informing the Cabinet Member of the new Environmental Offences regulations, and recommending adoption of the new levels of fines.

On 30 May 2012 the Government changed sections of the Environmental Protection Act 1990 (EPA90) regarding waste collection resulting in the Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) (Amendment) Regulations 2012 (Regs12).

Section 46 of the EPA90 allowed the council to serve notice on residents if they overfilled their bin or put it out on the wrong day. The notice could say what type of waste bin was to be used, what waste was allowed to be put in the bin, where the bin was be put to be emptied and on which day. Similar rules applied to businesses under section 47.

If a section 46 or section 47 notice was not followed this could result in service of a Fixed Penalty Notice, or prosecution.  As the council worked with residents and businesses it rarely served Fixed Penalty Notices or took legal action if someone overfilled or put their bin out on the wrong day.  Presently the amount adopted by the council for Fixed Penalty Notices relating to section 46 and section 47 offences was in the range of £75 to £110.

The Regs12 changed the Fixed Penalty Notices for offences under section 46 and section 47 of the EPA90. These had been changed to ‘not less than £60 and no more than £80’. Also changed was the amount received the council can consider a Fixed Penalty Notice paid as ‘not less than £40’.

Resolved – That the new range for Fixed Penalty Notices regarding overfilling or putting bins out on the wrong day be approved as follows:

(a) The minimum amount, if paid within 10 days, be £40.00; (b) the maximum amount, if paid between 11 and 15 days, be £60.00, and (c) that subject to legal advice, a prosecution be taken if a Fixed Penalty Notice was not paid in full.

68              (17) TRAFFIC REGULATION ORDER – ST BARNABAS ROAD/WEST STREET, BARNETBY-LE-WOLD – The Director of Places submitted a report considering objections received by the council to the proposed Traffic Regulation Order – St Barnabas Road/West Street, Barnetby-le-Wold.

The council had set out proposals for a new Traffic Regulation Order at St Barnabas Road/West Street in Barnetby-le-Wold to restrict inconsiderate parking.  The proposed restrictions would prevent vehicles parking around the junction of West Street. This would improve visibility for vehicles exiting the junction and aid residents on their journeys.

The parish council and a local resident had asked for the restrictions.

Resolved – (a) That the proposed Traffic Regulation Order, as shown on plans at Appendix 1 to the report, be approved, and (b) that officers write to the consultees advising them of the decision, following normal statutory procedures.

69              (18) TRAFFIC REGULATION ORDER – SPEED LIMIT REVIEW AMENDMENT ORDER 1 SOUTH FERRIBY 30MPH – The Director of Places submitted a report considering objections received by the council to the proposed Traffic Regulation Order for a 30mph speed limit on the A1077 at South Ferriby.

The speed limits on all A and B class roads in North Lincolnshire were reviewed following guidance set out in the revised Department for Transport (DfT) Circular 1/06 ‘Setting Local Speed Limits’.

In order to clarify what speed limit applied to what road, the DfT had updated Circular Roads 1/93 Setting Local Speed limits. This new document, Circular Roads 1/2006 aimed to introduce consistency in setting speed limits on a national level.

A traffic order relating to the A1077 at South Ferriby was advertised.  Objectors felt that the speed limit proposed was inappropriate, conflicting with Circular Roads 1/2006. The section that the objections related to was that outside the Cemex works up to the sluice bridge.  They felt that a 40mph speed limit was more appropriate than the proposed 30mph speed limit.

Six other speed limit amendments were advertised in this order.  The objections related only to this small section. However the one objection prevented the others from progressing.

Resolved – (a) That the proposed Traffic Regulation Order, as detailed in the report, be approved, and (b) that officers write to the consultees advising them of the decision, following normal statutory procedure.

70              (19) M181 PARTIAL DE-TRUNKING – The Director of Places submitted a report advising the Cabinet Member on the M181 partial de-trunking process, and seeking agreement for the progression of the statutory process for de-trunking in principle.

The council commissioned a study in 2010 to investigate the limitations of the current road network to the west of Scunthorpe.  Critical areas were highlighted at Berkeley Circle, Scotter Road and Doncaster Road.  These areas were identified as operating over capacity at peak times.  Solutions were proposed which would address the traffic issues in the long term.

The Highways Agency (HA) was consulted during the development of the Core Strategy.  A Memorandum of Understanding and a Statement of Common Ground were agreed to enable the investigation of options for a new exit to the M181.  The estimated cost of the new junction was around £5m – £7m.  The HA required that the junction was constructed to motorway standards.

An additional piece of work was subsequently carried out to investigate the length of the M181 to identify locations suitable for the new junction.  Only two areas were deemed to be suitable for the proposed junction.  One of these was strategically unsuitable due to its proximity to the existing junction, at Frodingham Grange.  The Lincolnshire Lakes scheme would enable the de-trunking to be funded via contributions from the development.

The Highways Agency had prepared a submission for the Secretary of State to approve the progress of the works.  Final approval was anticipated in Autumn 2013.

Resolved – That the progression of a submission to the Secretary of State to allow the partial de-trunking of the M181 to advance, be acknowledged and approved.

71              (20) BUS SERVICE 55: SCUNTHORPE – APPLEBY – WINTERTON – BURTON – The Director of Places submitted a report considering the future of the local bus service which ran between Scunthorpe, Appleby, Winterton and Burton.

In 2011, the council awarded a contract to a local bus operator to provide Service 55 Monday to Friday. This service provided a link between Burton upon Stather and Winterton to allow Burton upon Stather residents to connect with service 350 buses to Hull.

The contract grew from school and college journeys and a small number of off peak journeys serving Appleby.

On 3 April the operator gave the council early notice to end the contract, although it was due to run until August 2015.

Resolved  – (a) That the proposal to provide a tendered schoolday only service, plus a minibus running off-peak every weekday, as set out in Option 2, at paragraph 3.2.2 of the report, be approved, and (b) that Members consider additional funding for public transport services in 2013/2014 and subsequent years.