From: motorcycleparking
Sent: 29 January 2010 12:16
To: motorcycleparking
Subject: MOTORCYCLE PARKING OBJECTIONS
I refer to your
formal objection against the making of permanent Traffic Orders for the motorcycle
charging scheme.
The formal
objections received in June and July 2009 were summarised and addressed in a
formal report entitled ‘Motorcycle Charging Scheme – Objections to the Making
of Permanent Traffic Orders’, which was submitted to the Cabinet Member for
City Management on 1 October 2009. I have included a copy of this report as an
attachment to this email.
Before making a
decision on whether to make the Orders as proposed, the Cabinet Member met
individually in October 2009 with four of the leading motorcycle groups and a
private transport consultant, who was speaking on behalf of motorcyclists
opposed to the Orders, to discuss the scheme and to listen to their further
concerns. The points raised by them which had not been addressed in the 1 October
2009 report were then set out and addressed in a supplementary formal report
entitled ‘Motorcycle Charging Scheme – Objections to the Making of Permanent
Traffic Orders – Supplementary Report’, which was submitted to the Cabinet
Member on 21 December 2009. I have included a copy of this report as an
attachment to this email.
On 6 January 2010
the Cabinet Member, having considered the two reports and having considered the
objections to the proposed Orders and officers’ comments thereon (as set out in
the report of 1 October), decided that the permanent Traffic Orders should be
made as proposed for the reasons given by officers in their comments on
the objections. The Cabinet Member’s Notice of Decision in respect of the
report of 1 October 2009 stated the following –
“1
That the objections received by the Council to the proposed permanent Traffic
Orders have been considered and that the comments of the Council’s officers in
relation to such objections be endorsed including those set out in the
supplementary report.
2
That the making of the Traffic Orders making the motorcycle charging scheme
permanent be approved.
3
That the details of the Orders be as proposed in the Notice of Proposals. This
includes a reduction in the price of a residents’ permit for a motorcycle to
£50 per annum.
4
That holders of current residents’ permits for motorcycles purchased from 1
April 2009 receive a rebate on the unused portion of their permit to reflect
the proposed price reduction.
5
That the City Council establishes a road users’ forum.”
His
Notice of Decision in respect of the report of 21 December 2009 stated as
follows:
“That the contents
of the supplementary report having been taken into consideration alongside the
1 October 2009 report when making a decision as regards the making of permanent
Traffic Orders for the motorcycle charging scheme be noted.”
Both Notices of
Decision are posted on the City Council’s website at –
The
permanent Traffic Orders were made on 18 January 2010 and came into force on 25
January 2010.
Should anyone wish
to question the validity of the Orders, paragraph 35 of Schedule 9 to the Road
Traffic Regulation Act 1984 allows for proceedings to be brought in the High
Court against the City Council on the grounds either that the Orders are not
within the relevant powers, or that any of the relevant requirements have not
been complied with. Proceedings must be brought within six weeks of the date on
which the Orders were made. Paragraph 36 states that the Court, if
satisfied that the order, or any provision of the order, is not within the
relevant powers, or that the interests of the applicant have been substantially
prejudiced by failure to comply with any of the relevant requirements, may
quash the order or any provision of the order. Paragraph 37 of Schedule 9
states that, except as provided by Part VI of Schedule 9, an order to which
Part VI of Schedule 9 applies shall not, either before or after it has been
made, be questioned in any legal proceedings whatever.
The full
batch of display documents for the Traffic Orders concerning the
motorcycle charging scheme can be viewed at One Stop Services at Westminster
City Hall, 62 Victoria Street, SW1E 6QP.
Further
information regarding the scheme can be found on the Council’s website at –
Amanda
Jones
West One
Infrastructure Services
10th
Floor, Westminster City Hall
64
Victoria Street
London
SW1E 6QP