On 3 December 2019, a report to the Hambleton District Council (HDC) Cabinet with regards the Leeming Bar Parking Ban will be considered.
Email To Hambleton District Council
Could I please refer you to the attached, which is the report to the Hambleton District Council (HDC) Cabinet for the 3 December meeting at which the Leeming Bar Parking Ban PSPO will be considered.
I am rather bewildered that neither the “independent legal advice” nor the “North Yorkshire County Council Highways Authority” reflects the truth in relation to what constitutes a traffic sign.
“5.1 The Council has taken independent legal advice to ensure that all foreseeable legal requirements have been considered and that the proposed variations to the Order are reasonable in attempting to address the anti-social behaviour at Leeming Bar Industrial Estate referred to in the report.”
“5.18 It was confirmed by North Yorkshire County Council Highways Authority on 3 April 2019 that the signs installed as notification of the Public Space Protection Order are considered to be public notices; as such they are permitted within the Traffic Signs Regulations and General Directions 2016 without the need for special authorisation from the Secretary of State.”
You will note that the Road Traffic Regulation Act 1984 – 64 – 1 states:
“In this Act “traffic sign” means any object or device (whether fixed or portable) for conveying, to traffic on roads or any specified class of traffic, warnings, information, requirements, restrictions or prohibitions of any description“
The legislation clearly confirms that any “public notices” HDC proposes to deploy for the proposed PSPO will indeed be traffic signs (as defined above) and as such notices are not contained in the TSRGD 2016, they may not be used. Thus, no PSPO can be introduced.
Members acting ultra vires may risk facing charges of Misconduct in Public Office, an offence at common law which carries a maximum sentence of life imprisonment. I believe all members of the Cabinet must therefore be made aware of the actual statements of the “independent legal advice” and the “North Yorkshire County Council Highways Authority” report, as ignorance of the law offers no defence. This could result in criminal convictions for them all.
Under the Freedom of Information Act, may I please request copies of the “independent legal advice” and of the “North Yorkshire County Council Highways Authority” report? Cabinet will also require sight of these documents; I have therefore copied all members into this email.
As a court case could result upon the receipt of my FOI response, to ensure “clean hands”, could I politely suggest that all HDC Cabinet members and myself receive copies of these documents prior to the Cabinet meeting on 3 December?
Finally, as I and/or my associates intend to attend the Cabinet meeting to record proceedings, could you please inform me where the meeting is to be held, what time the meeting is to commence and from what time access to the room is possible to allow for the setting up of recording equipment. Thank you.