Agenda item

To consider a recommendation from the Traffic Regulation Committee, (made at the Traffic Regulation Committee meeting on 16 December 2019), in respect of Phase 4 of the Cheltenham Transport Plan. Cabinet will be asked to make or abandon the experimental traffic regulation orders for this scheme.

 

Please refer to the link below to view the documents published with the agenda for the Traffic Regulation Committee meeting on 16 December 2019.

 

https://glostext.gloucestershire.gov.uk/ieListDocuments.aspx?CId=268&MId=9586&Ver=4

 

Notification of the Traffic Regulation Committee meeting decision will be published on the Gloucestershire County Council website prior to the Cabinet meeting.   

 

Please refer to the link below to view the final report (including recommendations) of the Traffic Regulation Committee meeting on 16 December 2019.

 

https://glostext.gloucestershire.gov.uk/documents/b16344/Traffic%20Regulation%20Committee%20Report%2016%20December%202019%20Friday%2020-Dec-2019%2010.00%20Cabinet.pdf?T=9

 

The report was published as a supplementary report to the agenda on 18 December 2019.

At the Traffic Regulation Committee meeting on 16 December 2019, the committee was asked to consider the Experimental Traffic Regulation Orders (ETROs) relating to Phase 4 of Cheltenham Transport Plan, (trial restriction of Clarence Street “Boots Corner”), and make a recommendation to Gloucestershire County Council Cabinet.

 

Vice Chairman of the Traffic Regulation (TR) Committee, Cllr Alan Preest, presented the final report of the Committee, (including recommendations), from the TR Committee meeting held on 16 December 2019.

 

Cllr Preest confirmed that the committee had considered the evidence made available to them, including all of the representations received in response to the final version of the ETROs, and had

 

RESOLVED to recommend that the Gloucestershire County Council Cabinet: -

 

Abandon the current Phase 4 Experimental Traffic Regulation Orders (ETROs) and revert back to the permanent Traffic Regulation Orders (TROs) which had been in place immediately prior to the Phase 4 trial.

 

The Committee also RESOLVED to: - 

 

Recommend that, whether or not Cabinet agreed to abandon the Phase 4 ETROs and revert back to the permanent TROs, Cabinet should note that:

 

Ø  Capital investment is needed to improve the sequence of the traffic signals on the town centre ring road to make the routes more useable.

 

Ø  Clearer strategic route signage is needed throughout the town centre, to enable motorists to navigate their way around effectively.

 

Ø  Action needs to be undertaken on addressing the conflict between pedestrians and vehicles at various points in the town centre.

 

Cabinet considered the recommendation of the Traffic Regulation Committee and,  

 

RESOLVED to: -

 

1)    Abandon the amended versions of the ETROs for Phase 4 of the CTP;

2)    Delegate authority to the Lead Commissioner: Highway Authority to implement its decision;

3)    Commit to continuing to work with key stakeholders to improve transport and access in Cheltenham Town Centre.

 

Where the need to implement a decision so urgently pre-implementation review of the decision is not appropriate, the Council’s Constitution allows for the decision to be implemented urgently without imposing a call-in period. (To do so, the Chair of Council and the Chair of the relevant Scrutiny Committee, must confirm that it is necessary to implement the decision immediately). 

 

In accordance with paragraph 7.2 of the cabinet decision report for this decision, Cllr Ray Theodoulou, (Chair of Council), and Cllr Rob Bird, (Chair of the Environment Scrutiny Committee), agreed that the decision should be implemented immediately for the following reason: -     

 

The original CTP Phase 4 ETROs were implemented on 28 June 2018 for a period of no more than 18 months. The ETROs expire on 28 December 2019. Whatever the outcome of the Cabinet decision on 20 December 2019, the council’s 5 day call in procedure would restrict implementation of the decision until 1 January 2020, (following expiry of the ETROs).

 

The decision to abandon the amended versions of the ETROs for Phase 4 of the Cheltenham Transport Plan will therefore be implemented with immediate effect in accordance with the council’s procedures for Urgent Implementation of Cabinet Decisions.

Cllr Tim Harman, Cabinet Member: Public Health declared a non pecuniary interest and left the meeting for consideration of this item (Cheltenham Transport Plan). The declaration of interest related to Cllr Harman’s role of Group Leader at Cheltenham Borough Council.

 

The Cheltenham Transport Plan, (CTP), commenced in 2013 as a joint project funded by the Department for Transport. The CTP is a long-held Cheltenham Borough Council (CBC) vision to recast and make changes to Cheltenham Town Centre.

 

The original Phase 4 Experimental Traffic Regulation Order (ETRO) commenced on Thursday 28 June 2018 as a trial restriction of Clarence Street, Cheltenham, (known locally as “Boots Corner”), to run for a period of up to 18 months, after which time the trial would need to be abandoned or made permanent. The overall objective of implementing the trial ETROs was to restrict general traffic along a section of Clarence Street (Boots Corner) whilst allowing service access and enabling civil enforcement.

 

Having considered comments received in relation to the original Phase 4 ETROs, including the effects of the restrictions, Cheltenham Borough Council (as scheme promoter) and Gloucestershire County Council (as local highways authority) agreed in January 2019 to introduce revised ETROs. The amendments to the Phase 4 Trial commenced for a 6 month period on Monday 3 June 2019.

 

At a meeting on 16 December 2019, the GCC Traffic Regulation Committee (TRC) was asked to make a recommendation to GCC Cabinet on whether the Phase 4 Trial, (as amended from 3 June 2019), should be abandoned or made permanent. The TRC has the authority to make a recommendation to Gloucestershire County Council, (as local highways authority), to seek a final decision on whether to abandon or make permanent the ETROs. The remit of the committee was to solely consider the amended and final version of Phase 4 ETROs.

 

The TRC was asked to consider the following recommendations: -

 

i)     Make the current Phase 4 ETROs permanent; or

 

ii)    Abandon the current Phase 4 ETROs and revert back to the permanent TROs in place immediately prior to the Phase 4 trial

 

Following a full and in-depth discussion, involving intense questioning and representations from members of the public, local businesses and Cheltenham Borough Council, the TRC made the following recommendation to Gloucestershire County Council, (as local Highways Authority), for consideration by GCC Cabinet at this meeting.

 

The TRC recommended: -

 

i)             That Cabinet abandon the current Phase 4 ETROs and revert back to the permanent TROs in place immediately prior to the Phase 4 trial.

 

ii)            In considering the recommendation, that Cabinet delegates authority to the Lead Commissioner: Highways Authority to implement the decision and, whatever the outcome of the decision, commit to continue to working with key stakeholders to improve transport and access arrangements in Cheltenham Town Centre.

 

Vice Chairman of the TRC, Cllr Alan Preest, presented the final decision report of the committee, including an overview of the outcomes of the meeting held on 16 December 2019. Cllr Preest informed members that, in addition to considering the written evidence presented at the meeting, the committee had received representations from: -

 

Ø  Scheme Promoter, Cheltenham Borough Council;

Ø  Highway Authority, Gloucestershire County Council;

Ø  Oral representations from 44 people (36 speaking in objection and 9 speaking in support)

 

At the meeting, the TRC robustly questioned both the Scheme Promoter and the Highway Authority. Particular emphasis was placed on issues raised by members of the public, which the committee felt did not correspond to the data included in the committee report, nor to the information presented by the Scheme Promoter and Highway Authority.

 

Cllr Preest confirmed that the majority view of the committee had been that the responses provided by the Scheme Promoter and Highway Authority were unclear nor did they allay the committees concerns. The majority of members felt the answers to their questions were not ‘sufficiently positive’ to offset the points raised by members of the public when making their representations to the committee.

 

In summary, the majority view of the committee had been that the agenda documentation and the information presented at the meeting, including the responses to questions, were not sufficiently compelling to make the current Phase 4 ETROs permanent, nor did they outweigh the concerns and issues raised at the meeting.

 

Having considered all of the evidence available to them, including the representations made at the meeting, the TRC

 

RESOLVED to recommend that the Gloucestershire County Council Cabinet: -

 

Abandon the current Phase 4 Experimental Traffic Regulation Orders (ETROs) and revert back to the permanent Traffic Regulation Orders (TROs) which had been in place immediately prior to the Phase 4 trial.

 

In proposing Cabinet abandon the current Phase 4 ETROs, it was noted that:

 

i)     Capital investment would be needed to improve the sequence of the traffic signals on the town centre ring road in order to make the routes more useable;

 

ii)    Clearer strategic route signage would be needed throughout the town centre in order to enable motorists to navigate their way around effectively; and

 

iii)   Action would be needed to address the conflict between pedestrians and vehicles at various points in the town centre.

 

Responding to the TRC’s recommendation, Cllr Nigel Moor, Cabinet Member for Environment and Planning, noted the significant amount of work that had been undertaken as part of the in-depth examination of issues relating to the proposed implementation of Stage 4 of the Cheltenham Transport Plan.

 

Noting the effects of the trial on the local area, Cllr Moor confirmed that, in making its decision, Cabinet had taken into consideration the concerns of both Liberal Democrat and Conservative County Councillors, and representations made by the local MP, all of which, were very important considerations.

 

Cllr Moor informed members that, following the announcement of the decision at the TRC meeting on 16 December 2020, he had been contacted by a significant number of Cheltenham residents expressing their support for the decision.

 

Cllr Moor stated that, in recent months, the County Council had tried extremely hard to support Cheltenham Borough Council with the implementation of this latest stage of the scheme, and had stood by the Borough Council, even when encountering significant public opposition. The County Council had made several changes to the scheme in order to make it work and had paid significant costs associated with the trial. Notwithstanding the huge disappointment, Cllr Moor believed it was necessary to cut our losses and abandon Phase 4 of the scheme.

 

Cllr Moor wished it to be noted that, when CBC approached the County Council to assist with implementation of the trial, it had been on the basis that the scheme would support the regeneration of Cheltenham, not environmental issues. Cllr Moor expressed concern that, making the ETROs permanent could result in the movement of air pollution to residential areas of Cheltenham, and whilst there had been some evidence linked to environmental issues, (relating to cycling and bus usage), there was no firm evidence to suggest there had been a reduction in overall carbon as a result of the trial. 

 

Leader of the Council, Cllr Mark Hawthorne, confirmed that the County Council had embarked on the joint collaboration with CBC with an open mind, seeking to work towards the council’s regeneration aspirations. He clarified that, at every stage of the trial, the County Council had made it abundantly clear the success of the trial would be the responsibility of CBC, including the need to seek out the support of those affected by the scheme and efforts to prove that the benefits of the trial outweighed the disadvantages.

 

The Leader clarified that the decision at today’s meeting was not a ‘binary choice’. He expressed his disappointment that supporters of the scheme had made it appear that the decision was a binary choice, and that, in doing so, had failed to focus on the economic elements of the decision. The Leader confirmed that the County Council remained fully committed to working with CBC in the regeneration of the town centre, (including increased bus use).

 

The Leader expressed his huge regret that CBC, as scheme promoter, had failed to prove that the economic benefits of the decision to make the ETROs permanent outweighed the impact on the local area. Cllr Moor also expressed his regret at having to uphold the TRC decision, and gave his assurances that a number of meetings between GCC and CBC would be arranged to review this position and to move forward in a positive manner. Cllr Moor confirmed that the County Council would continue to work with CBC to address both the regeneration of Cheltenham Town Centre and the climate change emergency.

 

Thanking officers at GCC for the significant amount of time and effort contributed to supporting the scheme and noting the evidence made available to them,

 

Cabinet accepted the recommendation of the Traffic Regulation Committee and, 

 

RESOLVED to: -

 

1)    Abandon the amended versions of the ETROs for Phase 4 of the CTP;

2)    Delegate authority to the Lead Commissioner: Highway Authority to implement its decision;

3)    Commit to continuing to work with key stakeholders to improve transport and access in Cheltenham Town Centre.

 

Urgent implementation

 

In circumstances where there is a need to implement a decision so urgently the pre-implementation review process of the decision is not appropriate, the Council’s Constitution allows for that decision to be implemented urgently without imposing a call-in period. (To endorse this requirement, the Chair of Council and the Chair of the relevant Scrutiny Committee, must confirm that it is necessary to implement the decision immediately). 

 

In accordance with Paragraph 7.2 of the Cheltenham Transport Plan Phase 4 decision report, Cllr Ray Theodoulou, (as Chair of the County Council), and Cllr Rob Bird, (as Chair of the Environment Scrutiny Committee), agreed that, whatever the outcome of the cabinet decision, the decision should be implemented immediately, for the following reason: -     

 

The original CTP Phase 4 ETROs were implemented on 28 June 2018 for a period of no more than 18 months. The ETROs are due to expire on 28 December 2019. Whatever the outcome of the decision at the cabinet meeting on 20 December 2019, the council’s 5 day call in procedure would restrict implementation of the decision until 1 January 2020, (after expiry of the ETROs).

 

For this reason, it was agreed to implement the decision toabandon the amended versions of the ETROs in respect of Phase 4 of the Cheltenham Transport Plan with immediate effect, in accordance with the council’s procedures for Urgent Implementation of Cabinet Decisions.