Highways & Neighbourhoods Cabinet Member – Minutes – 4 December 2014

The 2014 Act gave new powers to councils, the Police and social landlords to deal with ASB.  ASB described the day to day incidents of crime, nuisance and disorder that impacted on our communities.  These could include litter, vandalism, aggressive dogs and noisy and abusive neighbours.

The 2014 Act sought to rationalise existing powers available to deal with ASB.  It would provide a more streamlined toolkit, for use across a number of agencies to tackle ASB. The new law would put victims at the heart of the response to ASB.  It was broad enough to allow agencies to deal with new ASB issues without the need for new laws.

Although the 2014 Act brought in a range of powers, the focus of the report was the new Community Protection Notice (CPN) that was intended to deal with particular, ongoing problems or nuisances which negatively affected the community’s quality of life.

CPN’s applied to anyone aged 16 or over, or a business or organisation which spoilt the community’s quality of life. The behaviour had to:

  • Have a detrimental effect on the quality of life of those in the locality
  • Be of a persistent or continuing nature, and
  • Be unreasonable

Officers in Environmental Health currently dealt with issues such as noise, litter and graffiti.  The new arrangements provided an opportunity to consider how the council responded to the new legislation across a broader range of enforcement staff.

Resolved – (a) That the Director of Places be authorised under the 2014 Act and allow the Director of Places to delegate the authorisation as he consider appropriate to serve written warnings, Community Protection Notices and fixed penalty notices to officers within the council; (b) that the proposal to establish an officer working group to identify opportunities across the council for officers to carry out the powers within the report, be approved, and (c) that a maximum charge for a fixed penalty notice of £80.00, with a reduced fee of £50.00 payable for an early settlement, be approved.

139  (16) GREATER LINCOLNSHIRE NATURE PARTNERSHIP POSITION STATEMENTS – The Director of Places submitted a report seeking endorsement for the Greater Lincolnshire Nature Partnership (GLNP) Position Statements on Planning and Agriculture.

On 28 June 2012 the Highways and Neighbourhoods Cabinet Member resolved that the council should support both Greater Lincolnshire Nature Partnership and Humber Nature Partnership (Minute 85 refers).

The GLNP was a group of 47 organisations across Greater Lincolnshire.  It aimed to ‘achieve more for nature’.  The council was one of the partners.  Others included almost all of the district councils, Lincolnshire County Council and North East Lincolnshire Council.

Details on the work of the GLNP were set out in the report.

The GLNP was funded mainly through Service Level Agreements.  The council was one of these funders. The council had recently signed a new Service Level Agreement. This gave access to ecological data, Local Sites information and support with biodiversity actions.

Last year, the GLNP approved a new business plan and advocacy plan. To carry out these plans, GLNP staff needed to be able to speak on behalf of the partnership as a whole.  To this end, they were developing a joint view, or position statement, on various topics.  Farming and spatial planning were currently the two key areas for this work.  The GLNP staff had worked with various partners to draft position statements on these topics.

Once endorsed, these position statements would give a clear idea of what the GLNP stood for and why.  Given the wide range of partners in the GLNP, the position statements were relatively broad.  They were based on widely agreed principles. Two thirds of Partners needed to endorse these position statements for them to be considered a GLNP position.

Resolved – That the Greater Lincolnshire Nature Partnership position statements on farming and planning be endorsed.

140  (17) PRIVATE WATER SUPPLIES REGULATIONS 2009 – The Director of Places submitted a report setting out options for a possible charging scheme under the Private Water Supplies Regulations 2009 (the Regulations).

A private water supply (PWS) was a supply of water intended for human consumption that was not provided by a statutory water undertaker. The PWS could come from a variety of sources.  These included wells, springs, boreholes and streams. Regulations on PWS were first introduced in 1991.  However, new Regulations were subsequently introduced that aim to ensure that water from private supplies was wholesome. This made sure that people who drank water or consume food or drinks made from private supplies were not put at risk.

The Regulations imposed duties on local authorities to carry out a risk assessment of some private water supplies.  The risk assessment process assessed the supply from the source to the tap and the surrounding area to see if contamination of the water supply was possible. It involved the collation of desk based information, an on-site inspection and sampling of the water supply. The local authority could choose to charge for these services.  Charges were capped at a maximum level as set out in the Regulations.

If, following monitoring, the supply did not comply with drinking water standards, or if there was suspicion that the water supply was unwholesome, the local authority should carry out an investigation to establish the cause. If the problem could be resolved informally a formal authorisation could be issued setting out the required works and timescales required to rectify the problem. The council could charge for each authorisation issued.

The Regulations advised that councils could charge a fee for undertaking the activities of risk assessment, sampling, investigation, granting an authorisation, and analysing a sample. The table appended to the report at Appendix B detailed the maximum amount payable by the relevant person as set out in the regulations. The council could only charge the reasonable cost of providing the service.  This should reflect the time taken to carry out the work. The charge could be based upon an hourly rate or a flat rate.

Resolved – That the flat rate charging scheme, as set out in Appendix B to the report, be approved.

141  (18) WINTER SERVICE: DESK TOP REVIEW UPDATE – The Director of Places submitted a report advising the Cabinet Member of the progress made to date on the Winter Service Policy desk top review prior to the start of the winter season 2014-2015.

It had been concluded that the Winter Service Policy document used last winter performed very well and that it continued to robustly comply with the national Code of Practice.

Winter Service Procedures reflected the most recent guidance contained in Chapter 13 of the Code of Practice for Highway Maintenance management, “Well Maintained Highways”.  In addition, the recent Transport Resilience Review report: Winter 2014/15, had been considered and the relevant recommendations in regard to the council’s Winter Service had been taken on board.

The council had received a number of additional requests to include streets in the schedule of precautionary salting routes.  Each street had been assessed against the policy criteria.  As a result, Scawby Road, Broughton; Fieldside, Epworth; South Street, Owston Ferry and Beltoft Road, Epworth had all been included as secondary routes, having failed to meet the criteria for inclusion as precautionary routes.  Requests for the provision of additional salt bins were continually assessed.

The Winter Service policy continued to include the provision of devolved budget allocations for snow clearing to Town and Parish Councils.  It was proposed to maintain these at the same level as last year.

Resolved (a) That the amendments to the Winter Service Policy for 2014/15, as set out in the report and accompanying appendices, be approved, and (b) that the addition of routes on to the Secondary Route salting networks, as set out in Appendix 1 to the report, be approved.

142  (19) TECHNICAL AND ENVIRONMENT SERVICES ENFORCEMENT POLICY 2014/2015 – The Director of Places submitted a report seeking approval for the revised Enforcement Policy for Technical and Environment Services.

The functions covered by the report were delegated to the Director of Places.  He could in turn appoint officers and make decisions on the most appropriate course of action in any given legal proceeding, the Assistant Director Legal and Democratic provided advice on these matters.

The existing policy had been reviewed and some updates made to make sure that the policy continued to meet statutory guidance and reflected best practice.

The policy was appended to the report.

Resolved – That the Technical and Environment Services Enforcement Policy 2014/15 be approved and adopted.

143  (20) SCHOOL SAFETY MEASURES – ST LAWRENCE ACADEMY – The Director of Places submitted a report considering objections received by the council to the proposed Traffic Regulation Order – St Lawrence Academy (Doncaster Road).

The proposed restrictions were designed to remove parking in front of St Lawrence Academy. The proposals also included restrictions on other sections of Doncaster Road.

The proposed restrictions were part of the wider efforts to reduce the number of children being brought to school by car. It would also encourage more healthy and ‘green’ alternatives.

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

144  (21) SCHOOL CROSSING PATROL ESTABLISHMENT OF A NEW SITE ON FIELDSIDE, CROWLE – The Director of Places submitted a report seeking approval to establish a new School Crossing Patrol site on Fieldside in Crowle.

There were currently 61 School Crossing Patrol (SCP) sites in North Lincolnshire. who worked term time only – 192 days a year.

The criteria for establishing a School Crossing Patrol site was approved by the Development and Environment Committee on 30 July 1996 (minute 238 refers).

St Norbert’s Catholic Primary School was situated on Fieldside in Crowle.  Fieldside ran parallel to High Street.  It was regularly used by locals as an alternative route to avoid delays at the traffic lights. The road had a 20mph speed limit and was traffic calmed.  Parking restrictions were in place to help manage parent parking at the start and finish of the school day.

St Norbert’s had recently updated their school travel plan. One of the actions in the updated plan was to request a School Crossing Patrol. A survey and count was carried out.  The site met the criteria.

Resolved – That the creation of a new School Crossing Patrol site on Fieldside, Crowle and recruitment to the post, be approved

145  (22) TRAFFIC REGULATION ORDER AMENDMENT TO PARKING RESTRICTIONS IN BARTON TOWN CENTRE – The Director of Places submitted a report considering objections received by the council to the proposed Traffic Regulation Order – ‘Amendment to Parking Restrictions in Barton Town Centre’.

The proposal resulted from requests by ward members.  They had asked the Traffic team to look at changing parking restrictions in Barton.  The restrictions would change to allow two hours free parking, with no return for two hours.  Consultations with Barton Town Council and Barton Chamber of Trade and Industry initially proved positive.

The proposal would change existing restrictions.  The current restrictions stated ‘1 hour no return for 1 hour from Monday to Saturday between 8am and 6pm’.  They would change to ‘2 hours no return for 2 hours from Monday to Saturday, between 8am – 6pm’.  It would affect various streets in Barton town centre.

The proposal would also alter the town centre’s disabled parking bays.  Some existing bays stated “disabled badge holders 1 hour no return for 2 hours Monday – Saturday 8am – 6pm”.  Others stated “disabled badge holders only”.  These town centre bays would change to state ‘disabled badge holders 3 hours no return for 2 hours’.

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

146  (23) TRAFFIC REGULATION ORDER KING STREET, WINTERTON – TM607 – The Director of Places submitted a report considering objections received by the council to the proposed Traffic Regulation Order on King Street, Winterton.

The council had received complaints from local residents over double parking and the difficulties this created for the bus companies. Several reports related to damage to vehicles caused by buses.

Residents had also complained.  Their issues were that parking opposite the access road made it difficult for them to exit with trailers.

The proposed restrictions would remove double parking on King Street.  They would also address the other concerns raised by residents.

Letters were sent to many consultees, including every property in the area during the statutory consultation process. Notices were posted on site. Two objections were received.

Resolved (a) That the Traffic Regulation Order, as shown in the plans in Appendix 1 to the report, be approved, and (b) that officers write to the residents advising them of the decision following the normal statutory procedure.

147  (24) TRAFFIC REGULATION ORDER TOWN STREET, SOUTH KILLINGHOLME – The Director of Places submitted a report considering a new Traffic Regulation Order on Town Street, South Killingholme, at the request of the Highways Agency (HA).

The A160 improvement scheme was anticipated to start in 2015. Improving safety on the A160 was one of the benefits of this scheme.  The project included for the closure of the gap where it was crossed by Town Street, with the construction of a new overbridge as an alternative route.

During consultation it had become apparent that the gap closure would mean the local farmer cannot carry out a U-turn at that location, which was the current way he crossed the A160 from north to south.

The HA had published Development Consent Order proposals.  However, they were in discussion with the council about introducing traffic management measures to allow vehicles to pass along at least one of those two streets at all times (e.g. by introducing parking restrictions).

The HA had undertaken a parking survey in South Killingholme as part of the A160/A180 port of Immingham improvements. These discussions were also considering the potential bus stop relocation that was referred to in the Statement of Common Ground between HA and the council.

Resolved – (a) That the implementation of a Traffic Regulation Order, as shown on the plan in Appendix 1, and that the matter be progressed on commencement of the A160 scheme, be approved.