Decision details

The Director of Communities, Housing and Environment and the Director of City Development submitted a joint report which, following the Call In process and having considered the key concerns raised as part of that process, recommended that Executive Board approved the confirmation of the original officer Key Delegated Decision (D57783) regarding District Car Park Charges which had been originally taken by the Chief Officer Highways and Transportation and the Chief Officer Elections and Regulatory on 12th November 2024.

By way of introduction to the report, the Executive Member highlighted that the proposed charges were key to the Council’s budgetary objectives and that they had been subject to extensive consultation which had resulted in amendments to the pricing proposals. Further detail was provided on the Call In process undertaken in response to the Key Delegated Decision originally taken, with it being noted that the concerns raised by the Scrutiny Board as part of that process had been considered, with responses to those provided in the submitted report. It was highlighted that the report recommended that the Board approved the confirmation of the original Key Delegated Decision, with an undertaking being given that the Executive Member and officers would work collaboratively with local Ward Councillors and local communities when implementing this decision.

Responding to a Member’s specific enquiries, the Board received information regarding the approach that the Council was taking in respect of impact assessment processes. In terms of the economic impact upon local businesses, it was noted that, in line with the approach taken by other Local Authorities, an economic impact assessment had not been undertaken due to there being no standard methodology for such assessments, as sufficient reliable data was not available at such a local level.  Regarding the wider financial impact upon the Council, it was noted that whilst an impact assessment had not been undertaken, which was consistent with the established approach on such matters, the effects of the decision would be monitored as part of our regular monitoring of car parking policies and charges, and that appropriate action would be taken in response, if required and as appropriate. Regarding the impact upon the surrounding streets in terms of displaced parking, the Board received confirmation around the detailed assessments that would be undertaken as part of the statutory consultation process, as outlined in the report.

A Member raised a number of concerns in respect of the proposals, highlighted the negative consultation responses received, noted the length of time it would take to implement the Traffic Regulation Order process and emphasised the negative impact that they felt the decision would have upon local communities and businesses. As such, the Member requested that the Board reject the proposals and work with the local community, the local Town and Parish Councils and Ward Councillors in order to identify an alternative way forward. Further to this, the Member highlighted that based upon the information provided around consultation and impact assessment processes, they felt that the recommended decision would be considered unlawful and would potentially expose the Council to potential judicial review.

RESOLVED –

(a)  That the contents of the submitted report and its appendices, be noted;

(b)  That it be noted that further consideration has been given by the Director of Communities, Housing and Environment and by the Director of City Development to the recommendations raised by the Environment, Housing and Communities Scrutiny Board as detailed in the ‘Call In Outcome’ report dated 21 November 2024, as presented at Appendix 2 to the submitted report;

(c)  That confirmation of the original Key Delegated Decision (D57783) be approved, as follows:-

(i)  That the findings of the Delegated Decision report, included within Appendix 1 to the submitted report, be noted, and that support be given to the principle of the introduction of car park charges at the following car parks: Wilderness & Station Gardens in Wetherby; Fink Hill in Horsforth; Barleyhill Road in Garforth; Marsh Street in Rothwell & Netherfield Road in Guiseley;

(ii)  That it be noted that subject to the Parking Places Order (PPO) being sealed and made, the Chief Officer, Elections and Regulatory is delegated to operate the off-street car parking and associated decriminalisation and issuing of parking contravention notices;

(iii)  That the City Solicitor be instructed to advertise a draft Parking Places Order in respect of those off-street car parks detailed in Appendix 1 to the Delegated Decision report (included within Appendix 1 to the submitted report), and if no valid objections are received, to make and seal the Order as advertised. If valid objections are received, these will be reported to the Chief Officer, Highways and Transportation for further consideration, and;

(iv)That the timescales for implementation be noted, with it also being noted that before and after surveys will be undertaken in the streets around the above car parks, and that, should further restrictions be required, that these will be: subject to further recommendations; fully funded by Communities Housing and Environment; and, reported to the Chief Officer, Highways and Transportation.

(Under the provisions of Council Procedure Rule 16.5, Councillor A Lamb required it to be recorded that he voted against the decisions referred to within this minute)

(In line with Executive and Decision Making Procedure Rule 8.1.1 (‘The power to Call In decisions does not extend to decisions which have been the subject of a previous Call In’), the resolutions above were not eligible for Call In)