This morning I have submitted a complaint to North Yorkshire County Council in relation to false information contained in the Leeming Bar Parking Ban – Report To Cabinet (click on the link to read).
Complaint to North Yorkshire County Council
From: Andy Strangeway
Sent: Monday, November 25, 2019 6:32 AM
Subject: Urgent Complaint – North Yorkshire County Council Highways Authority
Could I please refer you to the attached?
Please note in the Public Space Protection Order – Cabinet 3 December 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” Hambleton District Council (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.
The statement provided by “North Yorkshire County Council Highways Authority” to HDC is wrong and on December 3 this false information will be considered by the Cabinet.
Not only is my opinion supported by legislation HDC Director Paul Staines in a report to Cabinet on 15 January 2019 correctly states:
“5.4 Any signage related to the Public Space Protection Order does not fall within permitted signage within the Traffic Signs Regulations and General Directions 2016; therefore all associated signage will have to be located on land not in control of the Highway Authority for which planning permission may therefore be required.”
Could I please register a formal complaint against “North Yorkshire County Council Highways Authority” for providing false information to HDC? Could I request that this is resolved by close of business Friday 29 November to ensure that HDC have the correct information for their Cabinet meeting on Tuesday 3 December?