Agenda item

Report attached

The report before the Committee detailed responses to a public consultation on the revised proposals to provide a loading bay and a bus stop clearway with a kerb build-out outside 69/79 Butts Green Road in support of the implementation of a development at 77/79 Butts Green Road. Tesco Stores Ltd had planning consent for the erection of a single storey rear extension to the retail unit at 77/79 Butts Green Road.

At its meeting in January 2013, the committee considered a scheme that proposed the bus stop being relocated outside 69/75 with a clearway restriction and a single yellow line restriction in from of 77/79 which would permit loading. After discussion with staff, the layout was revised to replace the single yellow line restriction with a multi-use bay for loading and parking. This was rejected by the committee.

Staff put forward an alternative scheme and had the committee’s approval to consult on it. The proposed scheme left the bus stop in its current position outside 77 to 79 Butts Green Road but set into the carriageway with a footway build-out and with the area outside 69 to 75 Butts Green Road being left available for parking/ loading. Staff also reviewed previous correspondence and it was confirmed that the existing business were against a pay-and-display parking but were contented with a loading bay (operating 10am to 2pm). Therefore, a proposal for a loading bay operational 10am to 2pm throughout the week was taken forward with the area being unrestricted outside of those times.

A proposal for at any time waiting restrictions (double yellow lines) was included opposite the loading bay/ bus stop to ensure that traffic flow through the area was not unduly impeded. The proposal also included a footway build out with a clearway as shown on drawing QH051/OF/101A.

The report detailed that given that Tesco Stores Ltd had a planning consent in place and there was also an agreement to fund and implement a review of the parking, loading and bus stop arrangements. The Council could not be seen to be using its highways/ traffic management powers to with-hold the development which had planning consent. The committee’s attention was also drawn to the legal implications in the report.

The report detailed that the latest proposal had not attracted any further responses from those affected and therefore staff were recommending the scheme for implementation.

During the debate, Members of the Committee made the following comments:

A Member was of the opinion that the committee had not agreed to proceed with a consultation that included providing a kerb build out at the bus stop, stating that the road was too narrow and that they were unaware of complaints from people who had difficulties accessing busses from this stop.

The Principal Engineer explained that the committee had agreed to proceed with the consultation which included the build out and that it was needed as part of the scheme to ensure that the stop is made accessible.

A Member stated that he agreed with officers’ proposals as he was aware that bus stop build-outs worked well in other London boroughs.

A Member enquired if the Equality Act had a bearing on this scheme if the committee decided to approve only the loading bay element and not proceed with the bus stop build-out.

Officers explained that in their opinion the implementation of the full scheme as designed would be required for the Council to fulfill its obligations under Equalities legislation.

Officers explained that they considered the loading bay and bus stop to be were intrinsically linked as implementing the loading bay would render the kerbside too short for buses to meet the kerb and reasonable adjustments would be required to the road layout which would require the build out.

A Member stated that the committee should not need to rely on the law to make bus stop accessible as it was a moral duty.

Following the debate Councillor Ower proposed a motion to install the loading bay element of the scheme only, whilst retaining the bus stop without change. The motion was seconded by Councillor Kelly.

The Committee RESOLVED:

1.To recommend to the Cabinet Member for Community Empowerment that subject to Tesco Store Limited  bearing the costs of implementation the following measures be implemented as described in the report and shown on Drawing QH051/OF/101A

·         Provision of a loading bay, 19.4 metres in length, outside 69 to 75 Butts Green Road. The bay to be in operation throughout the week, between 10am and 2pm, loading for 20 minutes, no return within 1 hour;

2.         That it be noted that the estimated cost of £20,000 for the review will be met by Tesco Stores Limited secured by unilateral undertaking made under Section 106 of the Town & Country Planning Act 1990 (review costs) and that the costs of the implementation of the measures described above can be secured either through an agreement made under Section 278 of the Highways Act 1980 as amended (works) or a Deed of Variation to the Unilateral Undertaking made under Section 106 of the Town and Country Planning Act 1990.

The vote for the proposal was carried by 6 votes to 2. Councillors Breading and Thompson voted against.

As stated at the beginning of the minutes and in accordance with his disclosure of interest, Councillor Barry Oddy left the meeting during the discussion and took no part in the voting.