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     LICENSING AND REGULATORY COMMITTEE

    21 FEBRUARY 2008

    AGENDA ITEM 4

Subject THE BOROUGH OF CHELMSFORD (OFF STREET PARKING

    PLACES) (GENERAL) ORDER 2008 - REPRESENTATIONS

Report by DIRECTOR OF TECHNICAL SERVICES

    Enquiries contact: Averil Price, Tel. (01245) 606473 or averil.price@chelmsford.gov.uk

Purpose

    To report the receipt of representations on the Borough Council of Chelmsford (Off Street

    Parking Places) (General) Order 2008 and the officers’ responses to the issues raised.

Recommendation(s)

    It is recommended that:

(a) subject to the following amendments

    (a) to the Glebe Road South car park charging periods to show the all day charge for

    Monday Friday (08.00 18.00 hrs) as ?4.50 and the all day charge for Saturdays

    and Sundays (08.00 18.00 hrs) as ?2.50;

    (b) the reduction of the proposed all day charge on Sundays at Fairfield Road car

    park from ?2.50 to ?1.50;

    (c) the deletion of the proposed overnight charge at Riverside (Victoria Road) and

    Waterloo Lane No. 2 car parks;

    (d) the retention of the ? hour and ? hour charge between 08.00 hrs and 23.59 hrs

    Monday - Sunday at Riverside (Victoria Road) and Waterloo Lane No. 2 car parks;

    (e) the distinction between the ?2.50 recoverable fee payable for a vehicle left

    parked overnight at the High Chelmer Multi Storey Car Park and the Meadows Retail

    Multi Storey Car Park after they have closed and the release fee of ?50.00 payable

    to the Council where a vehicle has been parked in one of these car parks which

    have been locked and the car park has to be opened in order to release the vehicle;

    (f) the re-wording of the Order and inclusion of Schedules 2 and 3 to the Order as

    articles as suggested in paragraphs 3.5 and 3.7 of this report;

     th the Order be made as advertised in the Essex Chronicle on 13 December 2007;

    and

(b) the objectors be advised accordingly.

Corporate Implications

Legal: The democratic process requires the Council to advertise the

    fees and charges approved in the press and in each of the car

    parks for a minimum of 21 days. This process has resulted in a

    number of representations as listed at Appendices 1 and 2.

    Financial: The anticipated additional car parks income in 2008/09, over the

    expected 3% increase on the control budget, would be

    ?148,310.

    Personnel: None.

    Risk Management: In terms of car parks income, the current trend indicates that the

    long stay customer base appears to be holding up but that short

    stay business has been affected by the Park and Ride site,

    particularly since the opening of the extension, and the take up

    of bus passes plus the popularity of on-line shopping. The

    Director of Leisure and Cultural Services has highlighted his

    concerns about the potential impact of income at both theatres

    and the Riverside Ice and Leisure Centre from the introduction

    of new car park fees and charges.

    Not applicable. Equalities and Diversity:

     (For new or revised

    policies or procedures has

    an equalities impact

    assessment been carried

    out? Y/N)

    Health and Safety: None.

    IT: None.

    Other: None.

Consultees Deputy Chief Executive

     Director of Finance

    Director of Leisure and Cultural Services

    Legal and Democratic Manager

    Cabinet Member for Technical Services

Policies and Strategies

    The report takes into account the following policies and strategies of the Council:

None

Corporate Plan Strategic Themes

    The report relates to the following strategic theme/themes in the Corporate Plan

    Excellent Customer Services Renaissance Social Inclusion Environment X Value for Money X

1. Purpose

1.1 To advise the Committee of representations on the Borough Council of Chelmsford

    (Off Street Parking Places) (General) Order 2008.

2. Background

    2.1 The Parking Services Manager undertakes a review of the Parking Services

    budget annually and as part of that review operational costs and income are

    revised to determine the financial position in the coming year. Future parking

    income is estimated by using the number of vehicles predicted to visit each car

    park within each tariff band based on previous years’ experience.

     th2.2 The Cabinet on 6 November 2007 considered the fees and charges for the

    Council’s car parks prepared by the Parking Services Manager, in consultation

    with the Director of Technical Services and the Cabinet Member for Technical

    Services.

    2.3 The proposed Order setting out the proposed fees and charges was advertised on thsite in each car park and in the Essex Chronicle on 13 December 2007. The thformal consultation period ran until 11 January 2008 and a full list of objectors

    and people making representations is contained at Appendix 1. Consultations

    have also taken place with a number of interested organisations including Essex

    County Council and Essex Police.

2.4 The Order provides for a 10p increase on the cost of short stay parking and 20p on

    the long stay parking fees which meet the criteria of the Council’s budget. A

    number of new initiatives to increase income were introduced in 2007, such as the

    Annual 7 Pass, and the Order included further proposals for 2008/9 including:

    o The introduction of overnight parking charges at a number of car parks

    o A new tariff and more widespread charging on Sundays

    o A new evening charge in the two mixed stay car parks and Fairfield Road car

    park with normal tariffs applying in the others

    o Special Saturday and Sunday charges at more long stay car parks to assist

    residents, their visitors, day trippers to London and parents attending events

    at local schools

    o A range of new tariffs at Baddow Road car park to allow up to 5 days 24/7

    parking

3. Comments

    3.1 The details of the representations are summarised in Appendix 2 to this report

    together with the comments of the officers. Copies of all representations have

    been placed on the shelves by the Cabinet Room. All those who have written to

    the Council with representations have been advised of the date of this Committee

    meeting.

3.2 Officers have noticed a typing error in the advertised Order in relation to the Glebe

    Road South car park. The charging periods not exceeding appeared in the

    advertised Order as ‘Monday Saturday (08.00 18.00 hrs) and Saturday

    Sunday (08.00 18.00 hrs). In this context, the Council’s intention was to have

    one charge for weekdays and one for weekends and this will be corrected when

    the Order is made.

3.3 Some comments have been received from Essex County Council about the

    wording of the draft Order and the Schedules to the Order. Some minor

    amendments are required when the Order is made including the re-numbering of

    the Articles. In addition it was pointed out that much of Schedules 2 and 3 impose

    further restrictions and should in fact be included in the text of the Order as Articles

    instead. These amendments can be included in the Order, when it is made.

    3.4 It has also been pointed out that in relation to the High Chelmer Multi Storey Car

    Park and the Meadows Retail Multi Storey Car Park there is some confusion about

    the ?2.50 recoverable fee payable for a vehicle left parked in the car parks after

    they have closed and a release fee. Where a vehicle has been parked in one of

    these car parks which have been locked and the car park has to be opened in

    order to release the vehicle, the person in charge of that vehicle shall be liable to

    pay the Council call out fee (release fee) in accordance with the Order. The

    distinction between the two different fees can also be made clear and be included

    in the Order when it is made.

3.5 The representations from the general public make a number of points which lead

    them to believe the Order in whole or in part should not be pursued, as indicated in

    Section 3 above. Officers consider that the following representations are of

    sufficient weight to warrant a change to the Order advertised:

    o The overnight charge is removed at the Riverside (Victoria Road) and

    Waterloo Lane No. 2 car parks and that the charging period at these car

    parks be amended when making the Order to Monday Sunday 08.00

    23.59 hrs.

    o The ? hour and ? hour charge at the Riverside (Victoria Road) and

    Waterloo Lane No. 2 car parks be retained throughout the whole charging

    period at these car parks and this amendment be made when making the

    Order.

    o The all day charge on Sundays (05.00 23.59 hrs) at the Fairfield Road car

    park is reduced from the proposed ?2.50 to ?1.50 and this amendment be

    made when making the Order.

3.6 The changes set out in 3.5 to 3.8 above do not make the Order more restrictive

    and therefore do not require a separate Order or re-advertisement of this Order.

    They can be included in the Order when it is made prior to its coming into

    operation.

Conclusion

Having considered the community representations, the council proposes to make the

    amendments outlined in paragraph 3.5 above. In addition, the impact on the usage of

    both the Riverside complex and the Theatre complex as a direct result of the order will be kept under review.

List of Appendices

(1) List of objectors and people making representations

    (2) Summary of representations and officers’ comments.

Background Papers

Nil

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