Agenda item

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

The Committee noted that in the past the temporary closure of roads were under the purview of the County. They have now decided that they would no longer do this and would like to hand it over to district level, if they wished to take this on. In July of this year the Local Councils Liaison Committee asked that EFDC consider the possibility of taking on these powers under the Town Police Clauses Act 1847 to local means of road closures for temporary events. These powers have been interpreted to include making a temporary road closure although not all orders under this power need take the form of a closure.

The provisions of the Town Police Clauses Act 1847 give powers to District Councils to make temporary road closures for markets, street parties, sporting events, fetes, processions etc. 

Officers have estimated that there would be 20+ such applications each year and this would entail a not inconsiderable amount of work for the licensing section.

Officers were currently looking at other authorities and how they operate this type of scheme. It may be that as in the past if the street closure was for a charitable event then the council would waive any fees. The Chairman noted that we may be looking at a fee of around £170 per application and that we did have a tradition of not charging for charitable events. Alison Mitchell noted that officers had still to work out how much it would cost us and then charge that. We were not allowed to make a profit, just cover our costs.  If we were minded not to take this on we should have a conversation with the county at a high level as someone would have to make a decision and take responsibility.

The Committee noted that the Tour de France would be going through the district and that this would involve multiple road closures, but it was assumed that the County would want to organise this as it was a major (county wide) event.

Councillor Smith appreciated the officer’s advice and noted we needed some confirmation from Essex County Council (ECC) that they would transfer their powers to us so that no confusion arose in the future. Also needed were notice of the times and the scale of road closures wanted and how far in advance would officers need notification in order to do the administration work.

Alison Mitchell said that if the Committee were happy in principle with this they would carry out work on the background to this and the policy needed.

Councillor Spencer asked if we could just use the ECC process. Ms Mitchell replied that it was under a different legislation. Officers have gone out to other district councils to look at their procedures. She also noted that officers would need training in these new powers.

Councillor Angold-Stephens asked if there would need to be a transitional period. Officers had agreed with ECC a transitional period of August/September.

Councillor Lion remembered the problems with the ECC for the street parties for the Royal Wedding, commenting that we need to be very clear on the scope of the actions needed.

RESOLVED:

(1)  That Epping Forest District Council agree to take on the powers to exercise its right to make temporary road closures; and

(2)  That work to establish the fees and the necessary additional post be established to undertake this work.