Rule changes make it easier for council to dismiss objections to traffic orders

By Andy Mitchell - Local Democracy Reporter 12th Dec 2023

Amendments to the county’s constitution were signed off by leader Cllr Izzi Seccombe on Friday (image via SWNS)
Amendments to the county’s constitution were signed off by leader Cllr Izzi Seccombe on Friday (image via SWNS)

Rule changes brought in by Warwickshire County Council mean some objections to traffic orders will no longer require a review from the councillor in charge of highways. 

Amendments to the county's constitution were signed off by leader Cllr Izzi Seccombe on Friday (December 8) to allow senior officers to make those calls in cases where fewer than three objections to a traffic order are not withdrawn by the objector. 

Traffic Regulation Orders (TROs) are powers that local authorities with responsibility for highways have to implement rules that govern the area's roads. They include speed limit changes, parking restrictions, bus lanes, disabled bays, weight restrictions and one-way streets.

Before they are put in place, national laws dictate that councils must publish what they intend to do and consider any comments received. How they consider such matters is not set out in law. 

In Warwickshire, highways officers would contact objectors to try to resolve any issues, explaining why something was being done or why alternatives were not possible, or going as far as amending proposals to deal with concerns or implement ideas. 

If any objection still prevailed after that, a report would be filed to the councillor in charge – the portfolio holder for transport and planning, a role currently held by Cllr Jan Matecki – to review the case and make the decision. 

That has been changed to require at least three objections to prevail to require involvement from the councillor. The executive director for communities Mark Ryder now has the final say on cases with one or two remaining objections or on traffic orders that are defined as minor.

As part of these changes, the definition of minor traffic orders has also been broadened. 

They include yellow lines at junctions, waiting restrictions on small lengths of road, the introduction or removal of on-street parking places, amendments to the hours of on-street parking places, extending the scope of existing speed limits, structural weight limits and some individual disabled bays. 

The report states that it will still be possible "for any scheme to be referred to the portfolio holder if deemed necessary" by Mr Ryder or any future incumbent of his role, but the net result is that fewer changes to Warwickshire's roads will be subjected to oversight from councillors.

The council's report says the changes "allow decisions to be made on an on-demand basis, removing the need for time delays and officer time associated with the full reporting process, making the order-making process more time and resource efficient", as well as "reducing the risk of reputational harm associated with time delays in delivery of essential projects".

It goes on to note that the old system created "significant delays" to minor traffic orders.

"On multiple occasions schemes have been paused while a single objection is considered. Delegating the authority to make decisions on schemes which have attracted up to two objections would also gain the efficiency savings," it continued. 

The report states a commitment to continue publishing the nature of the objections and the council's responses to them. Decisions will also be sent to objectors, something the authority says will continue a "transparent line of communication with objectors".

     

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