Some useful info related to Southwark, traffic, LTNs etc

[legalalien]

Right - further to my earlier thread, here's some info/ links which I hope will be useful to anyone coming to the whole subject of the council and recent road/ LTN proposals cold. I hope it's accurate but if anyone finds any inaccuracies tell me.

The idea of this thread is just to provide info for people who are interested in finding out more and not to start a new debate about the substance of the issues - that can stay on other threads. What I plan to do is try and keep an eye on the Southwark website and flag up any new decisions etc that I spot. Will do my best but obviously this is a bit of an amateur effort.

If people want to add things/ think things need to be amended then post below and I'll edit the original posts when I get a chance.

The initial wodge of info is a bit longer than I expected so will put it in four separate posts....

[legalalien]

Southwark Council and councillors

The council?s constitution is available online at https://www.southwark.gov.uk/council-and-democracy/how-we-work/council-s-constitution. To see the most recent version, you need to click on the ?View Southwark Council?s constitution? button, and then click on whatever document is linked to the most recent date listed under ?Meetings?. The most recent version is currently 17 September 2020, which is at http://moderngov.southwark.gov.uk/ieListDocuments.aspx?CId=425&MId=6806&Ver=4.

Section 3 tells you which bodies make which decisions (Council Assembly, Cabinet (or Full Cabinet), individual Cabinet Members, some specialised committees (for e.g. planning, licensing). Decisions affecting more than one portfolio have to go to Cabinet. The current list of cabinet portfolios is at http://moderngov.southwark.gov.uk/documents/s90803/Cabinet%20Portfolios%202020-2021.pdf.

The leader of the council is Councillor Kieron Williams. Councillor Catherine Rose is responsible for leisure, environment and roads, which includes air quality, street scene and road safety, school streets, parking (including for cycles) and roll out of EV infrastructure. Her mandate includes working with the Cabinet Member for Climate Emergency, Planning and Transport to promote sustainability and improve air quality, particularly around schools. The Cabinet Member for CEPT is Councillor Johnson Situ, whose remit includes green energy and reducing carbon emissions, and also transport and travel strategy (working with Councillor Rose), public transport and the Council?s relationship with TfL. Councillor Radha Burgess has been appointed a Deputy Cabinet Member, tasked with increasing the proportion of Southwark?s streets and estates dedicated to zero carbon, zero pollution uses, increasing cycling and walking and reducing traffic. Councillor Alice MacDonald covers Communities and Equalities, including issues around equality and community engagement. Councillor Stephanie Cryan is responsible for business. There are other cabinet members but these ones are most relevant to the LTN roll out and related issues.

A list of Southwark councillors as at May 2019 is at http://moderngov.southwark.gov.uk/documents/s90834/List%20of%20councillors%20June%202018.pdf. You can also click through to the list of councillors, including contact details, at https://www.southwark.gov.uk/council-and-democracy/councillors-and-mps/your-councillors.

Since May 2019, Community Councils have been superseded by a new Empowering Communities programme. Details at https://www.southwark.gov.uk/test/empowering-communities-programme. Southwark is divided into 5 areas, and there are to be two ?area? meetings per year (multi-ward meetings) for each area, for the purpose of funding presentations and announcing decisions; as well as three meetings per year for each individual ward, ?where the residents and ward councillors will determine the agenda, providing a more relaxed and intimate environment in which to discuss what is going on in the immediate neighbourhood, where everyone feels they can contribute?. Multi-ward meetings are chaired by the area?s Community Champion.

Champions Hill, Goose Green, Dulwich Hill, Dulwich Village and Dulwich Wood are in the South area (Cllr Andy Simmons, with Cllr Margy Newens as his deputy); Peckham, Nunhead & Queens Road, Rye Land and Peckham Rye are in East Central (Cllr Sunil Chopra).

It looks like all Empowering Communities meetings are on hold because of COVID. The meetings dates are found here, when they are happening: https://www.southwark.gov.uk/engagement-and-consultations/empowering-communities/ward-and-multi-ward-meeting-dates.

The Decision Making Process ? Cabinet and Individual

You can find decisions made at meetings or by individual cabinet members (under their delegated authority) at http://moderngov.southwark.gov.uk/mgDelegatedDecisions.aspx?DS=0&bcr=1. There are detailed procedural rules that apply to these, which you can see at http://moderngov.southwark.gov.uk/documents/s90819/Access%20to%20Information%20Procedure%20Rules%20May%202019.pdf.

Advance notice of important decisions expected to be taken is set out in a Forward Plan which is prepared by the council leader. The Forward Plan from time to time is at http://moderngov.southwark.gov.uk/mgListPlans.aspx?RPId=153&RD=0. At least 28 clear days? notice must be given via the plan for any ?key decision?. Key decision has a particular meaning. It is a decision which results in expenditure or savings about a ?500,000 threshold OR which is likely to be significant in terms of its impact on communities and specifically in one ward or more ?an example being where there is evidence of significant local opposition to any proposals. Note that where a decision is only likely to have a significant impact on a very small number of people in one ward, the decision maker should ensure those people are informed of the forthcoming decision in sufficient time to make an input into the decision making process, and ward councillors should also be informed of the decision to be made.

In most cases (there are some exceptions around urgency), there is a minimum five working day period before the decision can be implemented, during which time it can be ?called in? by the Oversight and Scrutiny Committee ? a minimum of three committee members must make the request, and call in will usually only occur where the OSC believes that the general principles that apply to Council decision making have not been complied with ? namely that the link between strategy and implementation must be maintained; decision making generally, whether by individual officers, individual cabinet members or the cabinet collectively, should have reference to the policy framework; respect for human rights, law and probity; due consultation and the taking of professional advice from officers; proportionality (i.e. the action must be proportionate to the desired outcome); a presumption in favour of openness; and clarity of aims and desired outcome.

Southwark Cyclists have a helpful tracker of decisions at https://docs.google.com/spreadsheets/u/0/d/1eBxvYUYgFti9qYPZtl8FX0jTs74CnFHqaOKLk4UAwgw/htmlview

[legalalien]

Traffic Management Orders

Southwark?s traffic management order page is here https://www.southwark.gov.uk/transport-and-roads/traffic-orders-licensing-strategies-and-regulation/traffic-management-orders and includes a link to ?traffic order consultations?. The list of things on that page includes all of the Experimental Traffic Orders put in place recently, even though these are not strictly speaking consultations. It also includes a link to some of the more frequently requested (non experimental) traffic orders in force.

The procedures are described at https://www.southwark.gov.uk/transport-and-roads/traffic-orders-licensing-strategies-and-regulation/traffic-management-orders?chapter=2, and reflect the publication requirements of the relevant legislation ? essentially publication in a newspaper and notices in the street. In the case of permanent and experimental orders, the council must consult statutory bodies where required (eg emergency services, bus operators, key transport associations). Southwark says that other stakeholders such as cycling and disability groups will be contacted if any TMOs affect them (not a legal requirement).

The underpinning law: TMOs are made under the Road Traffic Regulation Act 1984, which you can see at https://www.legislation.gov.uk/ukpga/1984/27/contents. The procedural requirements are set out in the catchily titled Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996, see https://www.legislation.gov.uk/uksi/1996/2489/contents/made. These set out the various statutory consultees and notice requirements.

Permanent TMOs (eg the recently proposed double yellow lines in various places) are made under section 6 of the Act. Apart from the statutory consultation, there?s a general ability to object to a draft order within 21 days after it?s made, and the council must properly consider objections in light of administrative law principles, human rights law and relevant statutory powers i.e. it?s a fairly limited right to object, rather than a right to object just on the merits of the decision.

Experimental TMOs are made under section 9 of the Road Traffic Act. The 21 day objection period doesn?t apply. Notice must be given at least 7 days before the order comes into effect, and any objections or representations to the order being made permanent, must be made within six months of the order coming into force. Again, the objections have to be properly considered by the council.

Southwark do include all the info about these processes at the end of the reports that accompany each decision on TMOs.

Part VI of Schedule 9 to the Act provides that any person may question the validity of a TRO on the grounds that (a) it is not within the relevant powers, or (b) any of the relevant requirements has not been complied with in relation to the order. Application is to the High Court within six weeks of the date of the making of the TRO. However, the court can only quash a TRO "if satisfied that the order, or any provision of the order, is not within the relevant powers, or that the interests of the applicant have been substantially prejudiced by failure to comply with any of the relevant requirements."

Lastly: Coronavirus. There are some regulations that allowed councils to put in emergency measures, and to use alternative publicity methods (where eg newspapers might not be operating), but these don?t underpin the current LTN experiments. More info about this is available at https://www.gov.uk/government/publications/making-traffic-regulation-orders-during-coronavirus-covid-19/traffic-regulation-orders-guidance-on-the-traffic-orders-procedure-coronavirus.

The real impact of coronavirus on the LTN process results from the government?s making available of funding and the need to take advantage of that funding. See below (when I have a chance to write it...)

[legalalien]

Interest Groups

Some links to interest groups and local residents? associations:

Clean Air for Dulwich: https://www.facebook.com/cleanairdulwich/ (@cleanairdulwich)

Dulwich and Herne Hill Safe Routes to School http://dulwichsaferoutes.blogspot.com/p/clean-air.html (@DulwichWheels)

London Cycling Campaign (Southwark Cyclists is the local branch of this): https://southwarkcyclists.org.uk/ (@southwarkcycle), https://www.lcc.org.uk/ (@london_cycling)

Living Streets https://www.livingstreets.org.uk/, also https://londonlivingstreets.com/

From their website it looks as though they support Dulwich and Herne Hill Safe Routes to School locally. (@living streets, @LDN-LS)

East Dulwich Healthy Streets: (@EdstnStreets)

Mums for Lungs: https://www.mumsforlungs.org/ (@MumsForLungs)

Dulwich Society: https://www.dulwichsociety.com/travel-and-environment

Dulwich Village, College Road and Woodyard Lane Residents? Association: http://dulwichra.org.uk/

Turney Road Residents? Association and Burbage Road Residents? Association: https://turneyandburbage.org.uk/turney-road-residents-association-key-documentation/ (@turneyburbage)

Court Lane Residents? Association: https://courtlane.info/

Emails for some others here: https://dulwichvillageforum.org.uk/about/

One Dulwich: https://www.onedulwich.uk/

[legalalien]

Other important documents

There are some other important documents to be aware of because they set out overarching policy goals:

Movement Plan (2019) at https://www.southwark.gov.uk/planning-and-building-control/planning-policy-and-transport-policy/transport-policy/policy-and-guidance-documents/movement-plan which sets out the council?s overall approach to travel for the next twenty years ? this is intended to be a ?living document?. Worth a read, it sets out the various policy goals for traffic reduction, use of streets, active travel etc.

Climate Emergency: Southwark declared a climate emergency in March 2019 and are taking a number of steps as a result, including around School Streets and air quality https://www.southwark.gov.uk/environment/climate-emergency?chapter=5. Policies to address the climate emergency inform things like the New Southwark Plan (setting out planning policy): https://consultations.southwark.gov.uk/planning-and-regeneration/changes-to-new-southwark-plan/ as well as individual decisions.

[legalalien]

Central government advice /funding in response to COVID

In response to the COVID lockdown, central government (Department for Transport) gave local authorities statutory guidance as regards reallocating road space.

https://www.gov.uk/government/publications/reallocating-road-space-in-response-to-covid-19-statutory-guidance-for-local-authorities. The foreword suggests it is a once in a generation opportunity to deliver a lasting transformative change in how we make short journeys in our towns and cities and enjoins local authorities to make significant changes to their road layouts to give more space to cyclists and pedestrians. The guidance says that local authorities ?should take measures to reallocate road space to people walking and cycling, both to encourage active travel and to enable social distancing during restart (social distancing in this context primarily refers to the need for people to stay 2 metres apart where possible when outdoors? Measures should be taken as swiftly as possible, and in any event within weeks, given the urgent need to change travel habits before the restart takes full effect.?

The Department of Transport wrote to London boroughs on 28 May describing the first tranche of funding that would be provided to support this: https://s3.amazonaws.com/lcc_production_bucket/files/13657/original.pdf?1590750305. The emphasis was on speed and there is a reference to temporary traffic orders, but the funding isn?t just linked to temporary orders. (Note that the early LTN closures at Calton Avenue and Melbourne Grove are experimental orders, not some kind of temporary/ emergency order, to avoid any confusion). The letter says that ?If work has not started within four weeks of receiving your allocation under this tranche of funding, or has not been completed within eight weeks of starting, the Department will reserve the right to claw the funding back by adjusting downwards a future grant payment to your authority. This is also likely to have a material impact on your ability to secure any funding in tranche 2.?

Bids for Tranche 2 funding were invited on 10 July: https://www.cyclescape.org/media/W1siZiIsIm1lc3NhZ2VfZG9jdW1lbnRzLzA1NS9lNjQvMDU1ZTY0MzI1MGMzYWVmZGNhZDYwODJiNDY1NTA5YTBhNWU3ODYzMiJdXQ/200708%20Letter%20-%20T2%20invitation%20letter%20FINAL%20UPDATED.PDF?sha=a2f950bd822714e4. This letter indicates the types of projects that are eligible for funding (note that Southwark doesn?t bid directly but is involved in a London wide funding allocation process).

On October 16 the Minister wrote to local authorities reminding them of the need to balance the needs of cyclists/ pedestrians and motorists ? see https://www.forbes.com/sites/carltonreid/2020/10/18/transport-secretary-grant-shapps-u-turns-on-cycling-revolution-urging-councils-to-again-prioritize-motorists/#20600c041152 (haven?t located a copy of the actual letter yet).

[Rockets]

And here are our local councillor email addresses. Drop them an email - they love hearing from their constituents - although tend not to reply if you aren't supporting the closures! ;-)

[email protected]

[email protected]

[email protected]

[email protected]

[email protected]

[email protected]

[email protected]

[email protected]

[email protected]

[email protected]

[AylwardS]

The Councillors for Champion Hill ward are

[email protected]

[email protected]

The Councillors for Peckham Rye ward are

[email protected] Who often posts on the forum

[email protected]

[Nigello]

Please write to them if you?re in favour of the closures (partly/fully) so they don?t just get the wrong idea that a highly vocal and overlapping group of people with multiple axes to grind are necessarily the majority.

[Rockets]

What I am hearing is that their inbox is far fuller of nays than they are the yays and a lot of people are giving their addresses so the councillors understand the weight of local feeling against these closures (including many who are on roads that are directly benefitting from the closures).

Also, the council is very familiar with the yays as they have worked with them for years and aren't so inclined to write in given they get so much face and consultation time anyway...(sorry couldn't resist it ;-)).

[legalalien]

Get off my neutral thread you lot! 😁

[Rockets]

Sorry miss/sir - Nigello started it! ;-)

[legalalien]

😂😂😂

(Pronouns: she/ her)

[legalalien]

Another relevant document: the Code of Conduct applicable to Councillors which explains their role / responsibilities in representing their constituents:

https://www.southwark.gov.uk/assets/attach/8861/Code-of-conduct_May-2014.pdf

(Relevance and complaints procedure at https://www.southwark.gov.uk/council-and-democracy/councillors-and-mps/your-councillors?chapter=2 )

[holymoly]

Nigello Wrote:

-------------------------------------------------------

> Please write to them if you?re in favour of the

> closures (partly/fully) so they don?t just get the

> wrong idea that a highly vocal and overlapping

> group of people with multiple axes to grind are

> necessarily the majority.

And please write if you support a better way that achieves the goals and yet does not partition us East/West Dulwich. Too many historical examples of the social failure of that approach .....

[Spartacus]

Also, try posting messages to the councillors social media accounts.

Although I believe Tim at Franklins has been blocked by a few of them after raising questions.

[bels123]

Probably helpful to work out who the councillors for your own ward are, rather than emailing the whole list below each time... http://moderngov.southwark.gov.uk/mgFindMember.aspx?

Rachel Gates isn't a councillor btw.

Rockets Wrote:

-------------------------------------------------------

> And here are our local councillor email addresses.

> Drop them an email - they love hearing from their

> constituents - although tend not to reply if you

> aren't supporting the closures! ;-)

>

> [email protected]

> [email protected]

> [email protected]

> [email protected]

> [email protected]

> [email protected]

> [email protected]

> [email protected]

> [email protected]

> [email protected]

[legalalien]

I'll post the links to the existing orders / decisions on here later, but just a quick heads up that a decision on "Batch 5" is due next month. http://moderngov.southwark.gov.uk/mgIssueHistoryHome.aspx?IId=50023739&PlanId=634, as well as School Streets Batch 3.http://moderngov.southwark.gov.uk/mgIssueHistoryHome.aspx?IId=50024103&PlanId=635.

And then in January, Minor Traffic Schemes 20/21 Batch 2 (you will recall batch 1 contained a number of permanent double yellow lines plus experimental orders for various school streets).

No supporting documents posted yet so I don't think there's a way of knowing what it relates to...anyone know?

[AylwardS]

You can comment on here.

https://southwarkstreetspace.commonplace.is/

If you go into Learn more about the project you can sign up for updates.

[legalalien]

I have commented but haven't had any updates. I suspect it's done scheme by scheme (so if eg you comment on the east dulwich one you just get feedback on that one)?

[legalalien]

TMOs/ decisions to be turned into TMOs shortly:

Calton Avenue/ Court Lane / Melbourne Grove South: https://www.southwark.gov.uk/assets/attach/12765/LSP-Dulwich-Trials-notice-dated-18-June-2020-.pdf plus minor modification at https://www.southwark.gov.uk/assets/attach/22828/LSP-Dulwich-modification-notice-dated-15-Oct-2020-.pdf and proposal for blue badge parking https://www.southwark.gov.uk/assets/attach/22827/LSP-Dulwich-DPPP-proposal-notice-dated-15-Oct-2020-.pdf

Extension of Champion Hill trial/ experimental order: https://www.southwark.gov.uk/assets/attach/15739/Champion-Hill-trial-ext-notice-dated-6-August-2020-.pdf

East Dulwich - Melbourne/Elsie/Derwent etc: https://www.southwark.gov.uk/assets/attach/17090/LSP-East-Dulwich-trials-notice-dated-20-Aug-2020-.pdf

Goodrich point closure and double yellows/ loading restrictions near Goodrich/Heber/St Anthonys https://www.southwark.gov.uk/assets/attach/17093/LSP-Schools-notice-dated-20-Aug-2020-.pdf

Dulwich Village/Burbage/Turney/ Townley https://www.southwark.gov.uk/assets/attach/22829/LSP-Dulwich-trial-Phase-2-notice-dated-15-Oct-2020-.pdf

Peckham Rye / East Dulwich Road / Nunhead Road/ Scylla Road https://www.southwark.gov.uk/assets/attach/22825/LSP-Peckham-Rye-trial-notice-dated-15-Oct-2020-.pdf

Various school streets and double yellow lines: http://moderngov.southwark.gov.uk/ieDecisionDetails.aspx?ID=7190

[Nigello]

Legal - the Goodrich closure at Dunstan?s won?t go ahead, according to the council official who wrote to me. That?s despite the fact it?s right next to a school and next to a narrowed section of the road ? the other contested road closures have neither features yet were pushed through. Originally there said a closure at Dunstan?s and Upland, which was OTT.

[Tlkamk]

Does anyone know how much the fine is? This is the first I?ve heard of this but I drove through Dulwich Village on 22/10/20 at 3.45pm.

[legalalien]

They hadn?t put the signs/ cameras in then (yet!) so you?ll be fine!

[legalalien]

Something interesting I just came across - there's a government consultation out on the Highways Code (comments close tomorrow). The aim is to improve safety for pedestrians and cyclists. Headline point: the plan is to introduce a hierarchy of road users, essentially everyone has to be careful of those more vulnerable than them on the road. This includes guidance (rather than a hard rule) for motorists and cyclists to give way to pedestrians waiting to cross roads that they are turning out of or in to (whether or not they have started crossing).

There are various changes to rules around cycle safety, these include some changes for cyclists as well as drivers (for example the current "no more than two abreast" rule is proposed to go but be replaced with a rule that cyclists must ride single file when drivers wish to overtake and it is safe to do so.

There is a proposal to introduce the "dutch reach" when opening car doors.

Also a new proposed provision that pedestrians may use any part of the road and use cycle tracks as well as the

pavement, unless there are signs prohibiting pedestrians. (At the moment the way the Code reads people shouldn't be using roads a play streets, I don't think, including that bit at the Calton junction, as it's still a road open to cyclists, although I don't think there's a penalty for this (I guess would give a cyclist a good defence if he or she hit one of the pedestrians).

Interestingly the document includes a link to the rule about not riding on footpaths which seems to date back to 1835! https://www.legislation.gov.uk/ukpga/Will4/5-6/50/section/72 (There's also a bit in the Highway Code specific to cyclists which links to the ?500 fine). ("Carriages in the Act was extended to bicycles, tricycles and "velocipedes" in 1888.

Anyway, if anyone is interested have a read and get comments in (online) today/tomorrow.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/904038/consultation-on-a-review-of-the-highway-code.pdf