Agenda item

(Director of Corporate Support Services) To consider the attached report.

The Assistant Director of Corporate Support Services (Legal) presented a report on Temporary Road Closure Orders.

The Assistant Director reported that the Local Councils Liaison Committee had requested the District Council to consider the possibility of taking on the powers to make Temporary Road Closure Orders within the District, under the Town Police Clauses Act 1847. At present, this function was undertaken by Essex County Council, who did not charge for this service.

The Assistant Director stated that the Licensing Team had not undertaken road closures in the past and consultation had been undertaken with other councils to understand the nature of the work. Consequently, it had been estimated that the cost to the Council would be £150 for a small street party or fete, and £400 for a larger event. The Council was not legally permitted to make a profit from such fees, and it would be necessary to employ an additional part-time member of staff to undertake this work. A small change to the Council’s Constitution would also be required to delegate authority to determine Temporary Road Closure Orders to either Officers or a Sub-Committee, depending upon whether an objection to the order was made.

The Committee noted that, following an application by Waltham Abbey Town Council for a temporary road closure in December for the switching on of their Christmas Lights, Essex County Council had responded that they were no longer considering such requests, which should be directed to the District Council. The District Council currently did not have the ability to make such orders, and Officers were negotiating with the County Council to continue this service for a few more months until the District Council was able to commence the provision of the service.

In response to questions from members of the Committee, the Senior Licencing Officer stated that the Highways department within Essex County Council had previously dealt with road closure orders, and if the District Council assimilated this function then there would still be a requirement to consult with the County Council over any prospective orders. The Assistant Director added that those District Councils that did perform Temporary Road Closure Orders did so within their Licencing departments. It was re-iterated that Licensing Officers would need to undertake training before the District Council could begin to deal with these orders.

The Committee felt that the Council’s Chief Executive should have urgent discussions with his counterpart at Essex County Council regarding the Christmas Lights event at Waltham Abbey, as this was a long-standing and prestigious event within the District. There should also be discussions with the manager of the North Essex Parking Partnership and the Safer, Greener and Transport Portfolio Holder on this matter. It was felt that the Committee was not in a position to agree the recommendations, or the additional member of staff. It was resolved that the Assistant Director should report back to the Local Councils Liaison Committee stating the Committee had considered and noted the resolution but that the Temporary Road Closure powers could not assimilated until further investigations and discussions had taken place.

Resolved:

(1)        That the resolution of the Local Councils Liaison Committee requesting the District Council to exercise its powers to make temporary road closure orders be noted;

(2)        That the Assistant Director of Corporate Support Services (Legal) be requested to report back to the Local Councils Liaison Committee and inform them that their resolution had been considered and noted but that the necessary powers could not be assimilated until further investigations and discussions had taken place.