Classification: OFFICIAL
Thanks very much for getting back to me.
You might not know this but the Cabinet Member for Environment has just approved the implementation of
the scheme with only minor amendments which do not affect your concerns.
Below is a copy of an email I have sent principally to Asmat Hussein, Assistant Director Legal Services as
well as Councillor Anderson, Cabinet Member for Environment and Ian Davis, Director of Environment.
I think that Arriva should now formally write asking that a Local Public Enquiry be held as I believe this is
the only way to get the council to take notice. In this connection the officers report confirms that they
received over 1600 objections to the statutory consultation – the highest number I have seen on something
like this in very many years.
Please let me know what you decide, however I do urge you to proceed with the request for a Local Public
Enquiry.
Regards,
Terry
Cllr.Terry Neville OBE JP
Leader of the Conservative Group
LB Enfield and Member for Grange Ward
From: Helen Otter
On Behalf Of Cllr Terry Neville
Sent: 24 August 2016 10:18
To: Cllr Daniel Anderson; Ian Davis; Asmat Hussain
Cc: Cathy Hunnisett; David B Taylor
Subject: FW: Cycle Enfield A105 For approval/amendment [SEC=OFFICIAL]
Importance: High
Classification: OFFICIAL
Cycle proposals for A105
I shall as a separate exercise be calling in the decision of the Cabinet Member to approve the
proposals recently consulted upon.
However I write now because it seems to me that there is, on the face of the report, an error of law
occurring in that we have clearly received objections from interested parties about:
(a) The restriction of loading and unloading of vehicles along this route
and
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(b) From the relevant bus company about what they see as a restriction of the passage of buses
along the route.
Both of these issues are specifically dealt with in Regulation 9(1) of the Local Authorities Traffic
Orders (Procedure) (England and Wales) Regulations 1996, which requires the order making
authority to cause a Public Inquiry to be held before making an order to which regulation 9(3)
applies. The two issues referred to above are both covered by this regulation.
Dealing first with issue of waiting and loading, it is said in the report by way of comment on the
objection at paragraph 76 of the Schedule of Objections, that in effect, since the proposal includes
the same number of loading bays in Palmers Green and Winchmore Hill as currently exists, and at
this stage the council is not making an order which prohibits the loading or unloading, there is
therefore no need to cause a Public Inquiry to be held. That seems to me to be based on a
fundamental misunderstanding, and incorrect interpretation, of Regulation 9(3) of the 1996
Regulations. By way of reminder, the wording of Regulation 9(3)(a)says that it applies to an order if:
“its
effect is to prohibit the loading and unloading of vehicles……”.
As I understand the draft Traffic Management Order as published with the consultation documents,
it will subject to exception for emergency services etc., prevent any vehicles entering the cycle lane
during the relevant period. It therefore must follow that, whether or not loading bays continue to
exist, if vehicles cannot enter the cycle lane they clearly cannot use the bays because self-evidently
to get to the parking bay they need to enter the cycle lane.
Turning to the question of bus services, likewise the provision in Regulation 9(3) (b) says it applies
if
“its
effect is to prohibit or restrict the passage of public service vehicles along…………” the route.
The report makes it plain in paragraphs 5.17 – 5.21 that Arriva have formally objected and
expressed serious concerns about narrowness of parts of the carriageway, "major concerns" about
the introduction of speed tables, and specifically they object to the removal of bus lanes because of
the effect on "predictability of journey times".
Paragraph 5.18 of the report acknowledges additional delays along the corridor.
It is clear that the report as approved does not resolve these objections and as such the Council is obliged
to hold a Public Inquiry.
Please confirm that this will now be put in train and that no further work on the scheme will take
place until such Inquiry has been held and adjudicated upon. In the absence of such confirmation, it
is extremely likely that there will be an application to the courts for an injunction.
Regards,
Terry
Cllr. Terry Neville OBE JP
Leader of the Conservative Group
LB Enfield and Member for Grange Ward
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Classification: OFFICIAL
Dear Mr Pennyfather
Thank you for copying me into your company’s representations against the A105 Cycle Scheme.
I received from one of my constituents the attached letter which might particularly interest you as it picks up
on the issue of the safety of bus passengers. You may want to consider this further in relation to your own
representations to the council.
Kind Regards,
Terry
Cllr.Terry Neville OBE JP
Leader of the Conservative Group
LB Enfield and Member for Grange Ward
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