Issue - meetings

(a)       Reference ED1426 – Update Report on Draft Obstructions Policy for Highways                             (Executive Decision Record and report enclosed)

To consider the call-in of executive decision ED1426

(b)       To consider any further call-in items

(a)  Reference ED1426 – Update Report on Draft Obstructions Policy for Highways

The Scrutiny Committee was informed that the Executive at its meeting on 20 August 2012 had considered and approved the following amended policies and the associated changes to the licensing:-

•           Highways Obstruction Policy;

•           Advertising Boards and Trade Goods on the Highway – Obstructions Policy;

•           Highways Café Policy; and

•           Control of Skips, Containers, Scaffolding and Hoardings on the Highway Policy.

The Executive Meeting had also authorised the Service Director (Place Management) to agree the appeals arrangements separately from the agreement of the policies, in consultation with the Executive Councillor (Economic Development & Regeneration), following consideration by the Constitution Working Party.

The decision of the Executive had been ‘called in’ by Councillors William Wragg, Linda Holt and Lisa Walker.

Councillors Wragg and Holt explained their reasons for ‘calling in’ the decision, namely that it was appropriate for this issue to be debated at the full Council Meeting and that there was no criteria against which to judge the success or otherwise of the trial period with regard to the issuing of advertisement board (‘A’ board) permits. Legislative provision already existed for the Council to remove obstructions to the highway using officers’ discretion and the policies would be expensive to administer in terms of officer time. Concern was also expressed about the possible effect on local businesses if ‘A’ boards had to be removed.

The following comments were made/issues raised:-

•           The proposed policies would ensure that all people and businesses were treated equally.

•           The Advertising Boards and Trade Goods on the Highway – Obstruction Policy would be introduced on a trial basis and assessed against the criteria for its introduction and how long it took Officers to process applications.

•           A Member expressed concern about the extent of the charges in the policies.

•           Whether there would be enforcement of skip permits in the evening.

It was then

MOVED AND SECONDED - (1) That no further action be taken.

(2) That the outcome of the trial of the Advertising Boards and Trade Goods on the Highway – Obstruction Policy be reported back to the Scrutiny Committee in twelve months’ time.

AMENDMENT MOVED AND SECONDED – That the decision be referred to the next available Council Meeting to be debated by the full Council.

For the amendment 5, against 5.

The Chair exercised her casting vote against the amendment.

AMENDMENT NOT CARRIED.

It was then

RESOLVED – (1) That no further action be taken.

(2) That the outcome of the trial of the Advertising Boards and Trade Goods on the Highway – Obstruction Policy be reported back to the Scrutiny Committee in twelve months’ time.

(3) That an interim report be submitted to a meeting of the Scrutiny Committee in six months’ time on progress with regard to the trial referred to in (2) above.

(4) That consideration be given to reviewing the level of licence fees set in the Highways Café Policy and Advertising Boards and Trade Goods on the Highway – Obstructions Policy in order to ensure that they are as low as possible.

(5) That consideration be given to taking action against companies who persistently flouted the requirement for skip permits.

(b) There were no further call-in items to consider.

To consider a report of the Executive Councillor (Economic Development & Regeneration)

The report provides an update on the findings of the consultation on the Draft Obstruction Policy for Highways, Draft Highways Café Policy, Draft Control of Skips, Containers, Scaffolding, and Hoardings on the Highway Policy, and the Draft Advertising Boards and Trade Goods Obstructions Policy and proposes a way forward as a result of these findings.

The Executive is invited to:-

·         approve the amended policies attached and the proposed changes to the licencing

·         authorise the Service Director (Place Management) to agree the appeals arrangements separately, in consultation with the Executive portfolio holder following consideration by the Constitution Working Party.

Officer contact: Sue Stevenson, 0161 474 4351, sue.stevenson@stockport.gov.uk

The Executive Councillor (Economic Development & Regeneration) submitted a report (copies of which had been circulated) inviting the Executive Meeting to consider the draft policies for Obstructions for Highways; the Highways Café; the Control of Skips, Containers, Scaffolding and Hoardings on the Highway; and the Advertising Boards and Trade Goods Obstructions following consultation with stakeholders.

RESOLVED – That

·         the amended Highway Obstruction; Advertising Boards and Trade Goods on the Highway – Obstructions; Highways Café; Control of Skips, Containers, Scaffolding and Hoardings on the Highway policies and associated changes to the licensing be approved;

·         the Service Director (Place Management) be authorised to agree the appeals arrangements separately from the agreement of the policies, in consultation with the Executive Councillor (Economic Development & Regeneration) following consideration by the Constitution Working Party.

To consider a report of the Service Director (Place Management)

This report summarises the key issues and elements of the Draft Obstruction Policy for Highways, Draft Highways Café Policy, Draft Control of Skips, Containers, Scaffolding and Hoardings on the Highway Policy, and the Draft Advertising Boards and Trade Goods Obstruction Policy. The draft policies are appended to the report.

The Area Committee is invited to comment on the policies.

Officer contacts: Andrew Suggett/Sue Stevenson/Graeme Vout, Tel: 474  5694/4351/4562

email: andrew.suggett@stockport.gov.uk/sue.stevenson@stockport.gov.uk/

graeme.vout@stockport.gov.uk

A representative of the Service Director (Place Management) submitted a report (copies of which had been circulated) requesting the Area Committee’s comments on the Draft Obstruction Policy for Highways, Draft Highways Café Policy, Draft Control of Skips, Containers, Scaffolding and Hoardings on the Highways Policy; and the draft Advertising Boards and Trade Goods Obstruction Policy. The aims of the policies were to promote consistency across the borough and disability and other user groups has raised a number of concerns about the current arrangements.

The following comments were made/issues raised:-

•           The cost of the proposed licences.

•           With regard to cafes on the highway, there needed to be adequate footway space, including for people in wheelchairs. Permission would not be granted in those instances where there was not enough space  on the pavement to accommodate a pavement café.

•           What controls were in place in order to ensure that street furniture was robust enough not to be blown away in adverse weather conditions.

•           Disability groups frequently complained about the effect on blind people of advertising boards, and Disability Stockport had been consulted extensively on the proposals.

•           Applications would be granted by Officers and there would be a right of appeal against refusal.

•           Licence holders would need to display a sticker in their shop window.

•           What would happen to shops who currently had goods displayed on the pavement.

•           The decision of the Planning and Highways Regulation Committee in June 2010 to remove advertising boards and other unauthorised advertisements from the highway and the subsequent decision for the Council and local businesses to work together to develop an agreed policy and guidance.

•           A Member did not feel that the way forward was with a licensing system that generated revenue. Planning permission should be retained for advertising boards and other unauthorised advertisements from the highway.

•           A Member suggested that the Environment & Economy Scrutiny Committee should consider the existing enforcement on advertising boards, cafes and skips in order to establish what was wrong with the current process and that the guidance be prepared accordingly.

•           The Council’s legal department had been consulted on the policy.

•           When the scaffolding outside the Primark premises in Chestergate would be removed.

•           When the scaffolding on the Rock building adjacent to the Plaza Theatre (former ‘Stockport Village’) would be removed and whether the advertising on it needed planning permission.

•           Support was given for the continuation of the charges set for skips and action would be taken against companies if they did not acquire skip permits.

•           There were many examples of skip holders who were not following the existing rules.

•           In the Highways Obstructions Policy, whether the Council would identify areas where they would enforce against parking on the pavement.

RESOLVED – (1) That the report be noted and the comments be referred to the Service Director (Place Management) for consideration as part of the consultation.

(2) That the Committee’s comments be included in the report to the Executive on this issue.

To consider a report of the Service Director (Place Management)

The report requests the Area Committee to comment on the Draft Obstruction Policy for Highways, Draft Highways Café Policy, Draft Control of Skips, Containers, Scaffolding, and Hoardings on the Highway Policy, and the Draft Advertising Boards and Trade Goods Obstructions Policy.

The Area Committee is requested to comment on the report.

Officer Contact: Sue Stevenson on tel: 474 4351 or email: sue.stevenson@stockport.gov.uk

A representative of the Service Director (Place Management) submitted a report (copies of which had been circulated) requesting the Area Committee to comment on the draft Obstruction Policy for Highways, the draft Highways Café Policy, the draft control on Skips, Containers, Scaffolding and Hoardings on the highway and the draft Advertising Boards and Trade Goods Obstructions Policy.

The following comments were made/issues raised:-

·         Consultations carried out with Disability Stockport in relation to the positioning of A Boards.

·         Who was liable if a members of the public trips over an A-Board.

·         Concern was expressed at the detrimental impact that proposed charging for A –Boards would have on Traders especially in view of the number of vacant premises in the borough and it was suggested that officers meet with the Traders Associations during the course of the consultation.

·         It was suggested that Marple Traders could adopt a voluntary Code of Conduct in respect to regulating the use of A-Boards.

RESOLVED – That the report be noted and the comments be referred to the Service Director (Place Management) for consideration as part of the consultation.

To consider a report of the Service Director (Place Management)

This report details a proposed policy for dealing with obstructions and three policies creating a unified policy and licensing approach for uses of the highway that the council is willing to consider. The policies recognise the need to address and balance the needs of a number of stakeholders including pedestrians, people with disabilities, residents. businesses and local traders and seeks to make controls more efficient and the response to problems more effective.

The Area Committee is requested to comment on the Draft Obstruction Policy for Highways, Draft Highways Café Policy, Draft Control of Skips, Containers, Scaffolding and Hoardings on the Highway Policy, and the Draft Advertising Boards and Trade Goods Obstruction Policy.

Officer contacts: Andrew Suggett/Sue Stevenson/Graeme Vout, Tel: 474  5694/4351/4562

email: andrew.suggett@stockport.gov.uk/sue.stevenson@stockport.gov.uk/

graeme.vout@stockport.gov.uk

A representative of the Service Director (Place Management) submitted a report (copies of which had been circulated) requesting the Area Committee’s comments on the Draft Obstruction Policy for Highways, Draft Highways Café Policy, Draft Control of Skips, Containers, Scaffolding and Hoardings on the Highways Policy; and the draft Advertising Boards and Trade Goods Obstruction Policy. The aims of the policies were to promote consistency across the borough, and disability and other user groups had raised a number of concerns about the current arrangements.

The following comments were made/issues raised:-

•           The Council was attempting to strike a balance between the economic concerns of traders and issues raised by disability groups.

•           It was proposed under the draft policy that unlicensed advertising boards would be removed.

•           How it would be ensured that there would be sufficient width on the pavements for wheelchair users.

•           The vision of the Highways Obstruction Policy and Advertising Boards and Trade Goods on the Highway Obstructions Policy would conflict with the vision of other Council policies.

•           With regard to Appendix 1 of the Advertising Board and Trade Goods on the Highway Obstructions Policy, clarification was sought on the statement that A-boards may only be displayed during trading and daylight hours.

•           Parking on the pavement would be considered to be an obstruction to the highway under the terms of the policy. Additionally, clarification was sought on the legal position with regard to parking on verges.

•           With regard to the Highways Café policy, the licence should be free for cafes run by registered charities.

•           In rural locations where there was a grass verge and footway widths would prohibit an A-board, the practicalities of an A-board on the grass verge in such locations would be considered on a case by case basis.

RESOLVED – (1) That the report be noted and the comments be referred to the Service Director (Place Management) for consideration as part of the consultation.

(2) That the Committee’s comments be included in the report to the Executive on this issue.

To consider a report of the Service Director (Place Management)

The report summarises the key issues and elements of the Draft Obstruction Policy for Highways, Draft Highways Café Policy, Draft Control of Skips, Containers, Scaffolding, and Hoardings on the Highway Policy, and the Draft Advertising Boards and Trade Goods Obstructions Policy. The Draft Policies themselves are appended to the report.

The Area Committee is invited to comment on the policies.

Officer contact: Andrew Suggett/ Sue Stevenson/Graeme Vout, 0161 474 4351, andrew.suggett@stockport.gov.uk / sue.stevenson@stockport.gov.uk / graeme.vout@stockport.gov.uk

A representative of the Service Director (Place Management) submitted a report (copies of which had been circulated) requesting the Area Committee to comment on the draft Obstruction Policy for Highways, the draft Highways Café Policy, the draft Control on Skips, Containers, Scaffolding and Hoardings on the highway and the draft Advertising Boards and Trade Goods Obstructions Policy.

The following comments were made/ issues raised:-

·         It was suggested that further consideration should be given to another option within the report to simply enforce current legislation.

·         Concern was expressed about the potential impact of a charge for A-Board advertising on small businesses.

·         It was hoped that the Policy would provide clarity for businesses on what advertising was acceptable and the charge, while small, would provide resources to enforce and advise on the policy.

·         Concern was expressed about the lack of flexibility in the Policy in relation to charities and not-for-profit clubs and the need to have and display licenses.

·         It was suggested that the 28 day notice to remove an obstruction was too long a period.

RESOLVED – That the report be noted and the Service Director (Place Management) be requested to give consideration to the comments made in respect of the Obstruction to Highways Policy.