Present:

Devon County Council

Councillors Fowler (Chairman), Cann, Davis, Greenslade, Haywood, Tucker and Yabsley.

North Devon District Council

Councillor Chugg

Apologies for Absence:

Councillors Jenkins (DCC) and Manuel (NDDC).

*43 Minutes

(a) Confirmation

RESOLVED that the Minutes of the meeting held on 21 June 2007 be signed as a correct record.

(b) Matters Arising: Minute *39(b) Footpath 92 Capstone, Ilfracombe

The Chairman commended the progress being made on the improvement scheme for this footpath.

*44 Urgent Business: Traffic Lights at the Junction of the Barnstaple Western Bypass with the A361

(Item taken under Section 100B(4) of the Local Government Act, 1972)

The Chairman had decided that the Committee should consider this item as a matter of urgency because of the need for the issues involved to be addressed as soon as possible.

Councillor Greenslade referred to the repeated failure of the traffic lights at the northern end of the Barnstaple Western Bypass and the need for the situation to be resolved as soon as possible.

The Head of Waste, Engineering and Transport Services outlined the testing and other action which was being undertaken urgently by the supplier of the equipment and the maintenance contractor to rectify the problem. He undertook to keep members informed of progress.

It was MOVED by Councillor Fowler, SECONDED by Councillor Tucker and

RESOLVED that the position be noted.

*45 Traffic Issues in Braunton

(Councillor Chugg declared a personal interest in this item by virtue of being the District Councillor for the Braunton (West) Ward)

It was MOVED by Councillor Greenslade, SECONDED by Councillor Cann and

RESOLVED that consideration of this item be deferred until the next meeting when it was hoped that the County Councillor for Braunton would be able to attend.

*46 Devon Local Transport Plan Scheme for Formal Approval

Station Road, Ilfracombe to Lee Bridge, Mortehoe Cycleway Upgrade

The Committee considered a report by the Area Engineer (North) (EEC/07/348/HQ - text only | pdf EEC/07/348/HQ) seeking approval to the upgrading of the existing cycleway which was part of the National Cycleway Network Route 27, Ilfracombe to Plymouth coast to coast route.

It was MOVED by Councillor Davis, SECONDED by Councillor Greenslade and

RESOLVED

(a) that the scheme shown on drawing no. MAIN(N)626/0 for the upgrading of the existing National Cycle Network Route 27 from Station Road, Ilfracombe to Lee Bridge, Mortehoe to a surfaced width of two and a half metres shared use pedestrian and cycle route be approved;

(b) that the route be surfaced as detailed in drawing no WOEC/4 at an estimated cost of 46,000 including design and supervision.

*47 Traffic Management Act: New Road and Street Works Act - New Regulations

The Committee considered a report by the Director of Environment, Economy and Culture (EEC/07/349/HQ - text only | pdf EEC/07/349/HQ) on new regulations which would enable Highway Authorities to better co-ordinate roadworks by utilities and enforce infringements.

Key elements of the new regulations were:

all streetwork registers to be based on GIS by 1 April 2009 and available on the internet;

greater emphasis on the provision of forward planning information for longer term planned works to help co-ordination and the use of early starts;

the provision to designate a road as traffic sensitive by agreement;

to direct on the timing and duration of works;

to direct an undertaker not to place new apparatus in a specific street;

to extend the protection of a street following substantial roadworks or streetworks;

to limit the period in which an undertaker must complete the permanent reinstatement (will be "as soon as reasonably practicable, and in any event within six months of the completion of the interim reinstatement");

the accompanying Code of Practice reiterates the duty of the undertaker to co-operate with the highway authority.

Aspects covered in more detail in the report included: definitions of work and notice periods; restrictions on works; directions; fixed penalty notices; permits; civil parking enforcement and the timetable for the implementation of Parts 2 and 3 of the Traffic Management Act, 2004.

The County Council had included the requirements of the Traffic Management Act, 2004 within the Term Maintenance Contract and accordingly all penalties and duties would be applied to County Council works.

It was MOVED by Councillor Fowler, SECONDED by Councillor Tucker and

RESOLVED

(a) that the report be noted;

(b) to support the production of a user friendly summary of the new regulations for the benefit of all Town and Parish Councils in Devon.

*48 Temporary Road Closures: Special Events Act, 1994

(Councillor Greenslade declared a personal interest in this item by virtue of being a member of the Devon and Cornwall Police Authority and North Devon District Council. Councillors Cann, Chugg, Davis, Haywood, Tucker and Yabsley declared a personal interest in this item by virtue of being members of North Devon District Council)

The Committee considered a report by the Director of Environment, Economy and Culture (EEC/07/350/HQ - text only | pdf EEC/07/350/HQ) outlining the procedure for applications to temporarily close a road for special events in Devon under the Special Events Act, 1994.

Historically, roads had been closed to hold special events (carnivals, charity races, street parties etc) using the Town Police Clauses Act, 1847. However, the Devon and Cornwall Police Authority had advised that they would no longer authorise road closures for special events under the Town Police Clauses Act which was considered unsuitable for this purpose, and such applications now had to be made under the Special Events Act. In practical terms the main differences were that applications were processed by Devon County Council as traffic authority which administered the Special Events Act rather than District Councils and the responsibility for placing, maintaining and removing road signs lay with event organisers rather than the Police or the County Council. This had to be carried out by accredited personnel eg. AA, RAC, South West Highways with all costs being borne by the organisers. The standard fee for the County Council to administer a road closure was 160.

It was reported that in September 2007 the County Council s Executive, on consideration of views expressed by the Environment, Economy and Culture Overview/Scrutiny Committee had resolved as follows:

(i) that the Executive believes that charges for smaller charitable and community events are not appropriate;

(ii) that accordingly a meeting be sought with the Chief Constable to discuss the use of the Special Events Act, 1994 (this had not yet taken place).

It was MOVED by Councillor Cann, SECONDED by Councillor Yabsley and

RESOLVED

(a) that the report be noted;

(b) that the Committee:

shares the concern at the effect of charges for road closures on smaller charity and community events and supports their proposed removal/abatement;

supports the Environment, Economy and Culture Overview/Scrutiny Committee s proposal for involving the local County Councillor and Town or Parish Council at an early stage to advise on their charitable status and assist liaison with the organisers;

(c) that the Committee be kept informed of developments.

*49 Dates for Future Meetings

The Committee noted the following:

Next Meeting:

Tuesday 25 March 2007

Subsequent Meetings:

Thursday 19 June 2008

Thursday 25 September 2008

Tuesday 2 December 2008

Tuesday 24 March 2009.

all 11.00am at Barnstaple Civic Centre.

*DENOTES DELEGATED MATTER WITH POWER TO ACT

The meeting started at 11.00am and finished at 12.15pm