Warrington Borough Council To: Members of the Traffic Committee

Councillors: Chair – B Brinksman Deputy Chair – S Parish B Axcell, L Hoyle, T McCarthy, S Roberts, G Settle

31 March 2014

Traffic Committee – Agenda Tuesday, 8 April 2014 at 6.30pm

Committee Room No 1, Town Hall, Sankey Street, Warrington Agenda prepared by Julie Pickles, Democratic and Member Services Officer – Telephone: (01925) 443212, Fax: (01925) 656278, E-mail: jpickles@warrington.gov.uk

A G E N D A Part 1 Items during the consideration of which the meeting is expected to be open to members of the public (including the press) subject to any statutory right of exclusion. Item Page Nº 1. Apologies

To receive any apologies for absence

Professor Steven Broomhead Chief Executive

Town Hall Sankey Street

Warrington WA1 1UH

mailto:jpickles@warrington.gov.uk

2. Code of Conduct - Declarations of Interest Members are reminded of their responsibility to declare any disclosable pecuniary or non-pecuniary interest (where the matter is not a ∗‘sensitive’ interest) which they have in any item of business on the agenda no later than when the item is reached.

3. Minutes

To confirm the minutes of the meeting held on 5 March 2014 as a correct record.

4.

The Borough of Warrington (Harpers Road) (Prohibition of Driving – Except for Access) Order 2014 Report of the Executive Director of Economic Regeneration, Growth and Environment.

Part 2 Items of a "confidential or other special nature" during which it is likely that the meeting will not be open to the public and press as there would be a disclosure of exempt information as defined in Section 100I of the Local Government Act 1972.

NIL

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∗ A ‘sensitive interest’ is described in the Localism Act 2011 as a member or co-opted member of an authority having an interest, and the nature of the interest being such that the member or co-opted member, and the authority’s monitoring officer, consider that disclosure of the details of the interest could lead to the member or co-opted member, or a person connected with the member or co-opted member, being subject to violence or intimidation.

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TRAFFIC COMMITTEE

5 March 2014

Present: Councillor B Brinksman (Chairman) Councillors B Axcell, S Parish, T McCarthy, S Roberts and G Settle

T 19 Apologies No apologies for absence had been received. T 20 Code of Conduct - Declarations of Interest

Councillor Minute Reason Action Councillor B Brinksman

T 22 Councillor Brinksman reported that he had held the key to the entrance gate many years ago due to working on the foundation to the viaduct

Cllr Brinksman remained in the meeting and took part in both the discussion and voted thereon.

Councillor G Settle

T 22 Councillor Settle was a path warden

Cllr Settle remained in the meeting and took part in both the discussion and voted thereon.

T 21 Minutes Resolved,

That the minutes of the meeting held on 7 January 2014 be confirmed and signed as a correct record by the Chair.

T 22 Application for Definitive Map Modification Order – Alleged

footpath running alongside the Thelwall Viaduct The Committee received a report of the Executive Director of Economic Regeneration, Growth and Environment Directorate. The purpose of the report was for the Committee to consider an application to record a footpath in the Definitive Rights of Way Map and Statement. On 13 December 2012 the Council received an application under section 53 of the Wildlife and Countryside Act 1981 for the addition of a footpath to the definitive rights of way map and statement, the applicant had certified that the landowner and occupiers had been notified. The application was based on a statutory presumed dedication of a right of way following unchallenged and uninterrupted use of way by the public for a

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period of twenty years or dedicated in common law, evidenced by unchallenged, uninterrupted public use for less than the statutory period. The claimed footpath was shown on the applicants’ plan, this was appended to the report as MAP 1, a location plan MAP2 for clarity was also appended to the report. The applicant had provided a signed statement which claimed to be from a former resident of Lymm who now lived in Australia, additionally, statements in support claimed to be from three local residents who stated that they had used the way over the same period as the applicant, unfortunately these documents could not be verified as the applicant did not want the people concerned contacted. The applicant stated that he used the way without challenge from 1958 to 2012 when a notice saying “Highways Agency – Private Property Trespassers will be Prosecuted” was erected in in April 2012. Also, within the documentation the applicant claimed that there was a track in existence substantially on the line of the current road prior to the building of the Thelwall Viaduct in 1960 and that there was a field gate, stile and footpath sign on the track near Warrington Road. These were reported by him to have been replaced by the tarmac road and a new gate when the Viaduct was built. He stated the stile and signpost were not replaced, the gate was sometimes locked and the applicant recalls climbing the fence alongside where the original stile used to be located. A new gate with pedestrian side gate was reported to have been erected about 18 months prior to his application. Both of these gates were locked although the applicant informed the side gate was locked by a third party without authority. The applicant claimed to have continued to use the way. He reported that he was never challenged in his usage of the way until matters came to a head in 2012 when the trespass notice was erected and the applicant sought to assert his claimed right of way with the Highways Agency. It was noted that the Highways Agency had denied the existence of any public right of way over the claimed way. The Members were informed that the claimed way was not recorded at any stage of the mapping of public rights of way from the early 1950s which led to the creation of the definitive rights of way maps and statements. The Committee considered the findings of the report and the representations in support and against the application. The Committee reflected on the statutory tests which need to be applied in order to approve the application. Decision,

That the Committee refused the application to modify the Definitive Rights of Way Map and Statement by adding a footpath as shown on MAP 1, appended to the report, on the grounds that the statutory tests

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had not been satisfied (section 31 of the Highways Act 1980 or common law dedication)

Signed ………….………………….

Dated………………………………

Agenda Item 4 WARRINGTON BOROUGH COUNCIL TRAFFIC COMMITTEE (8th April 2014) Report of the: Report of the Executive Director Economic Regeneration,

Growth and Environment Report Author: Joanne Evans Contact Details: Email Address:

Jevans1@warrington.gov.uk Telephone: 01925 442691

Ward Members:

Graham Friend, Geoff Settle, Billy Lines–Rowlands, Colin Froggatt and Lottie Ladbury

1. SUMMARY PAPER – REPORT ON THE BOROUGH OF WARRINGTON (HARPERS ROAD) (PROHIBITION OF DRIVING – EXCEPT FOR ACCESS) ORDER 2014

2.

Purpose of the Report: To consider 2 objections and 25 letters of support regarding the proposal to prohibit driving on Harpers Road, except for access purposes. The measures would be implemented through the introduction of a Traffic Regulation Order.

3. Recommendations: It is recommended that the Committee approve the proposals as outlined in the conclusion to this report.

4. 5.

Reason for the Recommendation To alleviate issues with “rat running” and to prevent Harpers Road from being used as a through route by general traffic. Confidential or Exempt: N/A

6. Financial Considerations: Subject to the Traffic Committee’s resolution, the associated works will be funded from a section 106 agreement regarding the Olympic Park development.

7. Risk Assessment: Low

8. 9.

Equality Impact Assessment: No Consultation: Ward members and all other interested parties have been consulted as part of the statutory order making process.

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10. Background Papers: Warrington Borough Council – Harpers Road Traffic Study Delegated approval to advertise the proposal. Contacts for Background Papers:

Name E-mail Telephone Joanne Evans jevans1@warrington.gov.uk 01925 442691

(See next page to continue report).

mailto:jevans1@warrington.gov.uk

Agenda Item 4

Meeting of the Traffic Committee Date: 8th April 2014 Report of : Executive Director of Economic Regeneration, Growth and Environment Directorate Author: Joanne Evans Contact Details: jevans1@warrington.gov.uk Ward Members: Graham Friend, Geoff Settle, Billy Lines–Rowlands, Colin Froggatt and Lottie Ladbury TITLE OF REPORT: THE BOROUGH OF WARRINGTON (HARPERS ROAD) (PROHIBITION OF DRIVING – EXCEPT FOR ACCESS) ORDER 2014 1.0 PURPOSE 1.1 To consider formal representations both for and against the proposal to introduce

a prohibition of driving except for access on Harpers Road, Longbarn. 2.0 INTRODUCTION AND BACKGROUND 2.1 Harpers Road is located in Longbarn, north east Warrington and runs between

Woolston Grange Avenue B5210 and Station Road, Padgate and is approximately 1250 metres in length. The road is single carriageway with two way traffic flow and is subject to a 30mph speed limit. No residential properties are directly accessed from Harpers Road as none of the properties in the area front onto the carriageway. However, Harpers Road provides the only means of access to approximately 825 residential properties in the area.

2.2 It has been reported to officers by local Ward Members and the Longbarn

Residents Association (LRA) that traffic using Harpers Road as a through route is increasing. This has resulted in concerns being expressed about congestion and road safety. Concerns have also been raised regarding the fact that overspill parking from the businesses on Olympic Park has migrated in to the residential roads off Harpers Road and that obstructive parking is taking place on a daily basis.

2.3 Local Ward Members and the LRA requested, as a matter of urgency, that the

authority put forward a proposal to introduce a prohibition of driving except for access order on the full extent of Harpers Road. The extents of the proposed restriction are detailed on plan ERGE/TMRS/TRO532 attached as Annex A to this report.

2.4 During the 21 day statutory consultation period, 3 written objections were

received along with 25 letters of support. An objection from Poulton with Fearnhead Parish Council has since been withdrawn. Copies of the 2 remaining

Agenda Item 4 objections are attached in Annex B and copies of the letters of support are in Annex C.

2.5 The proposed restriction will provide enforcement powers to the police although Cheshire Constabulary has publicly expressed concerns about their ability to enforce such an order in a road of this nature and length. However, Cheshire Constabulary has not objected to the proposal and has committed to deploy a Police presence on Harpers Road should the order be introduced.

2.6 It is anticipated that the introduction of the prohibition of driving order ‘except for

access’ may result in a minor reduction in traffic volume and that the associated traffic signs which would be located at either end of Harpers Road may deter motorists from using Harpers Road as a through route. The order may also deter some motorists from using Harpers Road and the roads accessed from it, for the purposes of on street parking for Olympic Park, however, the order will not make such car parking unlawful.

3.0 LEGAL POSITION SECTION 122 OF THE ROAD TRAFFIC REGULATION ACT

1984 3.1 When exercising their function of making road traffic orders under the Road

Traffic Regulation Act 1984, the Council are under a duty imposed by Section 122 of the Act to secure the expeditious, convenient and safe movement of vehicular and other traffic and the provision of suitable and adequate parking facilities on and off the highway. The Council must, so far as is practicable, have regard to a number of matters set out in Section 122 (2) which are as follows:-

(a) The desirability of securing and maintaining reasonable access to

premises.

(b) The effect on the amenities of any locality affected, including the importance of regulating and restricting the use of roads by heavy commercial vehicles so as to preserve or to improve the amenities of the areas through which the roads run.

(c) The National Air Quality strategy prepared under Section 80 of the

Environment Act 1995.

(d) The importance of facilitating the passage of public service vehicles and of securing the safety and convenience of persons using or wishing to use such vehicles.

(e) Any other matters thought by the Local Authority to be relevant.

3.2 Before making any particular road traffic order, the Council must consider all

objections duly made during the statutory consultation period and must carry out a balancing exercise where representation in support of the proposed order has also been received. The Council must decide how much weight to attach to the

Agenda Item 4 representations, having regard for the individual circumstances of the case. The Council must, however, at all times bear in mind the statutory duty to which they are subject by virtue of Section122.

3.3 The Committee is advised that as there are no properties from which objections have been received that will be denied vehicular access via at least one public highway, then it has the power to determine the objections and instruct the officers to proceed appropriately. 4.0 OBJECTIONS 4.1 In response to the statutory advertisement, 2 objections have been received relating to the proposed Traffic Regulation Order and are summarised below: 4.2 Objection 1 - Mr & Mrs Douglass

• Congestion along The Grange (it is assumed this refers to Woolston Grange Avenue) and Birchwood Way causes motorists to find alternative routes. • If the congestion problem was looked at as a bigger picture, issues that cause this congestion could be improved and as a result, drivers would not need to use Harpers Road as a “cut through”. The objector suggests that widening Woolston Grange Avenue and sections of Birchwood Way would reduce congestion from Harpers Road.

4.2 Objection 2 - Woolston Parish Council

• Vehicle flows along Harpers Road are consistent with traffic generated from within the area. • Traffic flows have decreased since surveys undertaken in 2007. • Harpers Road is long with bends that obscure view. There are shops and a school within the area and police enforcement would be difficult and unlikely. • The businesses on Station Road South would make for much of the traffic, regardless of any order. • Harpers Road is a valuable alternative route when there are M6 motorway issues. • Increased congestion Woolston Grange Avenue and Manchester Road for vehicles that travel in an east to west direction and to the south side of town.

5.0 RESPONSE TO OBJECTIONS 5.1 Widening Woolston Grange Avenue and Birchwood Way would require significant

investment which is outside the realms of the resources available to the council for highway infrastructure improvements.

Agenda Item 4 5.2 It is accepted that a significant number of residential properties are served by

Harpers Road and traffic generated by these properties will continue to have legitimate use of Harpers Road. The LRA have been advised by officers that the proposed order is unlikely to reduce traffic flow to a level it would expect.

5.3 The Harpers Road Traffic Study analysed traffic survey data recorded from

automatic traffic counts undertaken in 2007 and 2013. The report stated that weekday 24 hour traffic flows had reduced. The average daily flow in 2007 was 4899 vehicles and 4224 vehicles in 2012 which represents a 14% reduction. Outside of peak hours, traffic flows are relatively light with an average of 4 vehicles per minute using the road. Although it should be noted that the eastbound peak of 467 vehicles between 8.00am and 9.00am is causing significant congestion on Harpers Road as it is held up in queues attempting to egress onto Woolston Grange Avenue.

5.4 The LRA have been advised by Cheshire Constabulary officers that enforcement

of the proposed traffic regulation order would be difficult due to the length of the road and the number of motorists that will have legitimate use of the road. The proposal aims to deliver modest reductions in traffic by deterring motorists that would wish to use Harpers Road as a through route, particularly in the peak hours.

5.5 The businesses located on Station Road South are outside the extents of the

proposed order and access to these properties from Woolston Grange Avenue via Harpers Road would result in an offence being committed.

5.6 Significant congestion can be experienced on much of the Warrington road

network as a result of events on nearby motorways. The proposed restriction may assist in managing the congestion away from the residential area and onto more appropriate roads such as Woolston Grange Avenue and Birchwood Way.

5.7 It is accepted that should motorists be fully compliant with the proposed order, the

traffic flow would be displaced onto other roads and increase congestion during peak traffic hours. As the proposed order is expected to displace only moderate levels of traffic, any increased congestion on the more appropriate routes of Woolston Grange Avenue, Manchester Road and Birchwood Way is expected to have minimal impact on increased journey times.

6.0 FINANCIAL CONSIDERATIONS

6.1 The costs associated with implementing the proposal will be funded from an

existing Section 106 agreement relating to Olympic Park and is expected to be within the region of £4.5k.

7.0 RISK ASSESSMENT

7.1 Low.

Agenda Item 4 8.0 EQUALITY IMPACT ASSESSMENT 8.1 None. 9.0 RECOMMENDATION 9.1 It is recommended that the committee approves the making of the traffic

regulation order as originally advertised. 10.0 BACKGROUND PAPERS 10.1 Plans ERGE/TMRS/TRO532, delegated approval to advertise the proposal, 2

objection letters and 25 statements of support. 10.2 Warrington Borough Council – Harpers Road Traffic Study

Agenda Item 4 Annex A

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Annex B

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Annex C

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(1) Agenda 080414Chair – B BrinksmanTraffic Committee – AgendaCommittee Room No 1, Town Hall, Sankey Street, WarringtonA G E N D APart 2NIL

(3) Agenda Item 3 (Minutes 050314)(4) Traffic Committee Report Harpers Road finalReport of the Executive Director Economic Regeneration, Growth and EnvironmentJoanne EvansTo alleviate issues with “rat running” and to prevent Harpers Road from being used as a through route by general traffic. N/A

Consultation:Ward members and all other interested parties have been consulted as part of the statutory order making process.Ward Members: Graham Friend, Geoff Settle, Billy Lines–Rowlands, Colin Froggatt and Lottie Ladbury