Agenda item

Report of the Director for Environment and Resident Services. To be introduced by the Cabinet Member for Climate Action, Environment & Transport.

Consider all feedback, objections and monitoring data of the trial LTN and decide whether to make permanent the associated traffic orders.

Cllr Chandwani left the meeting room.

The Cabinet Member for Climate Action, Environment and Transport introduced the report for this item which was seeking approval to make the trial LTN permanenting St Ann’s.

In summary the Cabinet member outlined that the journey to transform the St Ann's neighbourhood had been long and challenging, but it was a journey members had to take for the health of residents. The consultation on this scheme revealed strong local support.

The LTN laid the groundwork for this transformation of the borough. Crucially, LTNs would be the catalyst to tackle the long-standing issues on the main roads. The Cabinet Member gave assurances that the Council were listening to residents’ views and would continue to refine and improve this work. Early on, officers listened to households with blue badges and health conditions and brought in exemptions.

The following was noted in response to questions from Cllr Cawley Harrison.

-       It took time for these schemes to really enact changes. However, in terms of the details, there were a number of issues which had to be taken into account. The week in which the traffic counts were taken prior to the LTN and then post the LTN were quite divergent. Prior to the LTN there was dry weather throughout the entire count period, whereas post the LTN it was a week of continuous rain; this would have an impact on active travel numbers and take up.

-       With dockless cycling, the numbers rose exponentially during the period of the trial. If this scheme was made permanent, a lot of public realm improvements could be made. This would make it safer and more pleasant to walk and cycle around the LTN area and beyond. Officers were looking at protected cycle lanes and bus priority routes on the boundary roads as an example. The Council were looking at this holistically through all the aspects, not just within the LTNs themselves.

RESOLVED

1. To consider the measured impact of the trial LTN as set out in the Monitoring Reports, Appendix A1 and A2.

2. To consider the responses received to the non-statutory public consultations and the statutory consultation, including objections to the experimental traffic orders, as set out in the Consultation Reports, Appendix B1 to B4.

3. To approve the recommended responses to main themes of objection, as set out in Appendix C.

4. To consider and discharges the Council’s statutory duties under section 16 of the Traffic Management Act 2004 and section 122 of the Road Traffic Regulation Act 1984.

5. To consider and discharges the Council’s statutory duties under the Equality Act 2010 including the discharge of the Public Sector Equality Duty and any impact on Human Rights and approve the updated Equality Impact Assessment, Appendix D.

6. To agree that the Council shall exercise its discretion to not cause a public inquiry to be called.

7. To approve making the trial LTN permanent.

8. To delegate authority to the Head of Highways and Parking for the making of traffic orders which give permanent effect to the experimental traffic scheme known as St. Ann’s Experimental LTN.

Reasons for decision

The reason for recommendation 3.1 is to provide Cabinet with empirical evidence of the impact of the LTN.

The reason for recommendations 3.2 and 3.3 is to ensure compliance with (a) the Regulations1 whereby the order making authority must consider all unwithdrawn objections before making an order and (b) consider all consultation responses, in line with the ‘Gunning’ or ‘Sedley’ requirements. In short, this means: consultation must be at a time when proposals are still at a formative stage; Sufficient reasons must be put forward for any proposal to permit “intelligent consideration” and response; Adequate time is given for consideration and response; and the product of consultation is conscientiously taken into account by the decision maker.

Recommendation 3.4 is made to ensure that the Council discharges its statutory duties as contained within the Traffic Management Act 2004 and the Road Traffic Regulation Act 1984, as discussed in the report.

Recommendation 3.5 is made to ensure that the Council discharges its statutory duties in relation to equalities and human rights, as discussed in paragraphs 10.5 to 10.16.

The reasons for recommendation 3.6 are set out in section 9.

Having taken into account all responses to all consultations, objections, the monitoring data, the Council’s existing strategic plans, statutory duties, studies on LTNs, the urgent need to respond to the Climate Emergency and to improve public health through increased active travel, the reason for recommendations 3.7 and 3.8 is to enable the Council to make the trial LTN permanent.

Alternative options considered.

At this stage of an experimental traffic order (ETO), the Council must take a decision whether to make the traffic orders permanent. No changes to the LTN scheme are permitted in moving the orders to permanent orders. Notwithstanding the above, the existing LTN design meets the principles of such a scheme by preventing through-traffic (except exempt vehicles) and whilst alternative options do exist (for example to provide all resident motorists with more routes to their street or property) this could not be achieved without undermining the objectives of the LTN; therefore, this option is not recommended.

If the Council does not make the LTN permanent, the alternative is to revoke the traffic orders (or let them lapse) and, as a consequence, the Council must remove the traffic signs that give effect to those orders and, therefore, remove the LTN. This alternative is not recommended for the reasons given in paragraph 4.6.