Cabinet report Sept. Sept 9th (part of) PARKING ON THE PROMENADE Frequently Asked Questions: “Why can’t you just put a sign up banning Camper Vans from parking and / or staying overnight?” Yes we could but the sign would have no legal authority whatsoever due to the fact that there would be no legal Order. The requirements of the sign would be unenforceable and, when challenged, would certainly compromise the position and professionalism of the Authority. In order to control the parking of any vehicles, we would need to follow the necessary legal procedures which would require the introduction of a Traffic Regulation Order (TRO). One compromise to the above suggestion would be to restrict Motorhomes, Caravanettes and Caravans from staying overnight in specific areas of South Promenade / Marine Terrace whilst still allowing unrestricted use for all users. “Why not reserve an area of the Prom for them to park, say from Castle Point to the HUT?” Yes, this is a possibility too, and similar to the above compromise. However, in this case such a measure would, in effect, target a specific group for preferential treatment and require a TRO. This may be considered to be a questionable use of the powers vested in the Highway Authority and would almost certainly be challenged. It would also require further TROs to be provided in adjacent stretches of South Promenade and Marine Terrace to prevent what could be an overspill / migration of vehicles should the reserved area become fully occupied, which in turn, from previous experience, is likely to raise objection. “Why don’t you just make the bays narrower so that larger vehicles cannot legally park within them?” This would discriminate against many road users, not just one targeted group, such as: certain 4x4 vehicles (bearing in mind that Aberystwyth is middle of a predominantly rural farming community), Mini Buses, vehicles adapted for the disabled, and many other types of vehicle. Notwithstanding this, any contravention of the rules could be challenged on the grounds of unreasonable expectations. “The answer is simple - allow them to stay in the public Car Park and Charge overnight and charge a reasonably fair price for doing so.” Overnight parking is already permitted in the New Promenade Car Park and it is free. What is not permitted is overnight sleeping, camping or cooking. To permit this use would effectively change the use of the car park and would require further Cabinet consideration and probably planning permission. “You should consider the introduction of on-street pay & display ticket machines and regulate the use of the Promenade?” This is a measure employed by other coastal Authorities to regulate the use of their Promenades. The cost of the machines, including installation, would be in the region of £7k to £8k per unit and at least one machine would be required at every 60 to 80 metres. The minimum capital outlay for such a proposal is estimated to be around £150k (not including annual maintenance). This type of facility is often considered to be premium parking and this is reflected in the charges. In addition, such a measure would have an impact on local residents and other existing users. Why can’t you provide similar “Aires” type facilities to those provided on the continent, especially France and Germany? Aires are generally regarded by the Motorhome users as a very convenient stopping location where they can recharge, deposit waste and take on board fresh provisions; they are more often used as a stop- over on-route rather than an end destination. There is normally a fee for staying and using the facility, and Aires are generally located within relatively quiet low trafficked areas. Popular visitor attractions (such as a Promenade) or residential areas would be an inappropriate location for an Aires. Ceredigion has a large number of licensed tourist sites that can easily provide the same facilities as those offered by Aires situated in far more suitable locations. “We have heard of a Charter preventing the Authority from doing anything along this section of the Promenade without the landowner’s permission?” The whole length of the highway (not necessarily the Promenade walking area) is adopted as a public highway and as such falls under the jurisdiction of Ceredigion County Council as the Highway Authority. “They’re parking on the footpath / footway causing an obstruction. Why can’t action be taken? Obstruction of the highway / footway is a matter for the Police to deal with and difficult to prove. The Police receive many requests to deal with issues relating to obstruction and it would be a matter for the appropriate officer to determine the level of their enforcement strategies. “This contravenes existing legislation that gives the Council the authority to take action due to the fact that more than a small number (+5) of Caravans are set up with their wheels on the footpath? “The footway is part of the public highway and would not fall within the legislation referred to in the ‘Caravan Sites and Control of Development Act 1960’
Posted on: Tue, 02 Sep 2014 16:36:54 +0000
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