Agenda item

Context:

This report seeks member support for officers to proceed with applying to the Welsh Government for Monmouthshire County Council to take on Civil Parking Enforcement within the county, the approval of additional funding to validate and prepare a new consolidated order for all parking traffic regulations throughout the county, along with associated works to ensure the order is enforceable and the implementation of the necessary arrangements to manage CPE within the county.

Key Issues:

Gwent Police have historically undertaken enforcement of contraventions of formal Traffic Regulation Orders, such as parking restrictions. All other Welsh Police Authorities have withdrawn from on street parking enforcement with the local authorities taking up responsibility for CPE, Gwent Police have given notice that they will cease to undertake such enforcement on 31st December 2018.

In response to this, the Gwent G7 meeting of Chief Executives agreed to investigate the introduction of Civil Parking Enforcement (CPE) as a replacement for the role of the Police and on this basis a feasibility study report was subsequently prepared as part of joint G7 initiative.

Subsequently a feasibility study was commissioned jointly by the Gwent authorities. The report provides initial financial and operational information around the development of a Civil Parking Enforcement regime.

CPE will allow the Council to enforce parking contraventions within Monmouthshire County Council through a civil law regime, as opposed to enforcement by the Police in a criminal law context. Those parking contraventions that fall under a civil law regime specifically relate to traffic

lines and signs (e.g. double yellow lines, parking bays, etc.). Therefore, the enforcement of vehicles contravening such lines and signs will be the responsibility of the Council, not the Police.

All other parking offences, such as obstruction of the highway, parking on the footway etc.) remain with the Police to enforce.

If CPE powers are not acquired, the Council will not be able to manage and enforce Traffic Regulation Orders within the county and this would lead to a detrimental impact on the efficiency and safety of the highway network.

To acquire CPE powers, the Council must apply to the Welsh Government for a Designation Order for Monmouthshire County Council to become a Civil Enforcement Area and a Special Enforcement Area for the purposes of part 6 of the Traffic Management Act 2004. As part of the application, it is essential that the Traffic Regulation Orders (TRO) that form the Council’s Traffic Management network are correct. Work to achieve this would require reviewing the existing TROs and then proceed to incorporate a new schedule within a Consolidated Order that accurately reflects the physical signs and lining on the highway. The feasibility Report jointly commissioned by the Gwent authorities has indicated an estimated cost of £90k for this review

process in Monmouthshire.

A further requirement of the application to WG to acquire CPE powers is to produce a business plan setting out how the Council proposes to operate the scheme. The options are shown within the feasibility study commissioned by the Gwent LA’s (appendix 1) and should be considered based upon resilience and cost efficiency.

MCC is currently in discussions with neighbouring authorities on how CPE may be delivered. The preferred option at present would be for MCC to combine the ‘front line’ element with the in-house off-street parking service and ‘back office’; to provide the ticketing section via a collaborative arrangement using either an existing local authority back office or similar service offered by the private sector.

The outline timescale for the implementation of CPE is:

 Council Select Committee consideration of the implications for MCC introducing CPE (February 2018)

 Council approval to proceed with the development of an application to Welsh Government for the introduction of CPE (March 2018)

 Complete draft Consolidation Order (April 2018)

 Public Consultation on Consolidation Order (June 2018)

 Draft CPE application to Welsh Government (August 2018)

 Full CPE application to Welsh Government (November 2018)

Member Scrutiny:

The Cabinet Member for Operations, County Councillor B. Jones attended the meeting to speak on this item.

It was asked if we provided back office support for other authorities, along with ourselves, would it have a financial benefit for us and would it be worth investigating.

It was asked if a common approach from the five authorities would be the best way forward for reasons of costs and continuity.

It was asked why there has been no provision from Welsh Government to enable collaborative working from the start.

Questions were raised on the frontline provision of the service, in house rather than tendering out.

Reassurance was sought that sufficient resource was in place so that all areas of Monmouth would be policed.

It was asked how Councillors will interact with the team and what influence Councillors would have on the allocation of staff.