Decision

To amend the responsibilities and delegated powers of the Cabinet and of the Leisure and Public Realm Portfolio Holder in relation to the Traffic Regulation Order process as follows:-

(1)      Paragraph 9 will be deleted from the Cabinet’s collective responsibility;

(2)      the delegated power number 2 to the Leisure and Public Realm Portfolio Holder

        will be amended to the following:

“The selection and rejection of proposals for the making of traffic regulation orders being submitted to the North Essex Parking Partnership will be authorised by the Portfolio Holder, whether objections have been received to initial proposals. Reasons for such selection or rejection will be published following consultation with the relevant ward councillor. Such delegation cannot be exercised for proposed traffic regulation orders within the Portfolio Holder for Leisure and Public Realm’s ward and in such cases, would be referred to the Leader for determination.”

Reasons for the decision

Currently, the Cabinet has a delegated power as follows:-

Paragraph 9 - Power to consider objections received and then determine proposed Traffic Regulation Orders under the Road Traffic Regulations Act 1984 (as amended). All such objections to be determined at a public meeting of the Cabinet.

This means that if any objections are received, consideration should go to Cabinet and not be determined by the Portfolio Holder on their own.

Currently, the Leisure & Public Realm Portfolio Holder has a delegated power as follows:-

2. Proposals for and approve the making of traffic regulation orders where no objections are received.

This covers the situation where no objections are received. In both circumstances, a Decision would be required with reasons for selecting the Traffic Regulation Orders (TROs) and proceeding, if objections were received, these would be set out in a Cabinet Report.

Reasons for the Change

On the basis that the initial process in the selection of TROs does require local consultation to be carried out, the proposals are sent onto the North Essex Parking Partnership to undertake the formal process, including consultation. Therefore, upon review, the Leader of the Council does not feel that initial objections to a proposal should be considered by the Cabinet, in its strategic responsibility. Any Executive Decision made either by Cabinet or an individual Portfolio Holder is subject to call in, upon certain criteria applying. This delegation would not apply to any TROs within the

relevant Portfolio Holder’s ward, and in such cases, these will be referred to the Leader to make the decision.

Alternative options considered

To not make the change. This was not felt to be appropriate or in the Council’s best interests.