Car Parking Charges

The Town Council Responds

 

27 May, 2010 - STC and CEBC Joint Working Meeting

Sandbach Town Council (STC) and Cheshire East Borough Council (CEBC) had a most constructive first meeting on 25th March to discuss the future management of car parking in Sandbach. Today, Sandbach Town Council endorsed the Joint Position Statement that resulted from this meeting, as follows:

JOINT CAR PARKING POSITION STATEMENT

STC representatives reiterated their support for CEBC’s overall Car Parking Strategy. However, both Councils recognise that the legal status of Scotch Common as a Village Green currently prevents the sustainable management of the car parking spaces. In addition the legal agreements made between the former Congleton Borough Council and Safeway, with respect to the Lower Brookhouse Road Car park mean parking charges must be agreed between CEBC and Waitrose. Both Councils now recognise that these complex legal issues make it likely that an innovative solution for car parking management will be required for Sandbach.

The STC and CEBC project teams have therefore agreed to work closely together to deliver a holistic solution, that focuses on the socio-economic well-being of the whole Sandbach community and provides a high quality service with safe and secure parking facilities. To this end, STC has outlined a possible alternative approach to deliver a simple and cost efficient solution. CEBC has also undertaken to share key economic and statistical data with the STC team, in order to progress a cost benefit analysis and feasibility study, that is planned to include detailed economic modelling. If successful, the output of this work maybe fed into the current strategy review process, as part of the development of the Local Transport Plan 3 this year.

-- ENDS --

A number of other outcomes from the joint meeting, were presented to Council by the lead Councillor on Car Parking, Cllr Will Goodall... Read more.
 

16 February, 2010 - STC to open Discussions with CEC?

The Town Council determined at its full its Meeting on the 11th February that it would open discussions with Cheshire East Council on the best way forward to deliver a holistic solution for car parking management in Sandbach. In a letter to CEC, the Council stated "Our objective is that this should meet the needs and the well-being of the local community and also be fully compliant with your Car Parking Strategy, as approved by Cabinet on 21 April 2009. Sandbach Town Council considers that the meeting could be held sometime after 26 February at a mutually convenient date and time. The agenda for such a meeting should cover, amongst other things:
  • The Legal Issues Impacting Car Parking Management Delivery
  • The opportunity and feasibility of delegation of such management to STC, as permitted under the relevant legal instruments."

It is expected that detailed negotiations, on the feasibility of the devolution of car parking management to STC, will commence in March.

21 January, 2010 - Car Parking Charges Announcement

"Sandbach Town Council welcomes the recent press release, from CheshireEast Council, announcing that "changes to existing car parking charge proposals are being looked at" and that for Sandbach "no charges will be introduced at this time....." Read more.
 

12 January, 2010 - Legal Guidance for the OSS

Sandbach Town Council received guidance from the Open Spaces Society (OSS) with respect to the legal issues surrounding parking upon Scotch Common... Read more.
 

4 November, 2009 - Questions

Council has lodged questions via two Councillors at next week's Cheshire-East Cabinet meeting, (with respect to Car Parking Charges in Sandbach) on Tuesday, 10th November, 2009 2.00 pm at the Council Chamber, Municipal Buildings, Earle Street, Crewe CW1 2BJ

Questions by Councillor Sam Corcoran:

1) Would you agree that if the current car parking proposals for Sandbach are implemented as planned then people arriving at the beginning of the day will all park on The Commons where it is free to park? Later arrivals will park on surrounding streets. This will leave only the 22 short term car parking spaces on the Little Common available for shoppers. This situation would be significantly improved if the current parking restrictions of 2 hours only on the outer spaces of the Commons were enforced.

What plans do you have to enforce the 2 hour restriction of the outer spaces of The Commons? [Their Lordships comments in the House of Lords case of Bakewell Management and common law both suggest that enforcement action to preserve the amenity of a common for public use is legally valid.]

2) My second question relates to a comment by a lady at the meeting in Sandbach Town Hall who predicted that there would be parking chaos on Green Street and Welles Street. As she was pregnant she was concerned that an ambulance would not be able to reach her if needed. I am pleased to see that you are considering residents parking schemes.

What assurances can you give that from day one of the implementation of the car parking charges there will be adequate regulation of on street parking to ensure that people can get to their own homes?

3) Finally, it is always revealing to see how others see us. A Congleton Chronicle editorial written during the consultation period praised the way local democracy was working at its best to thrash out a reasonable compromise on car parking charges. A more recent editorial was scathing about the way the results of the consultation were ignored.

Would you agree that working with town councils would enhance local democracy and that going ahead with plans as they currently stand will give the impression that the people’s clearly stated views are being ignored?”

Questions by Councillor Will Goodall:

1) Sandbach Town Council notes that a report to Cabinet with respect to Car Parking Charges appears to misrepresent the Town Council's position. Agenda item 5, Appendix C, states that "Sandbach Town Council suggested that the charges, if introduced, should be at a lower rate of 20p for 1 hour for short-stay".

Would Councillor Brickhill agree that this report is inaccurate and does not take into consideration the formal response by the Sandbach Town Council, which suggests that the first hour should be free for short stay?

2) Sandbach Town Council has on record material submissions, by other parties, on the last day of the consultation. Sandbach Town Council lodged a formal complaint with respect to the consultative process and compliance with Cheshire East's constitution. 

Could Councillor Brickhill please explain how the Cheshire East Cabinet meeting on the 8th Sepember could have been compliant with its own constitution, when the consultation only closed three working days (and six hours) before the start of that meeting?

Notes for information:
Extract from the Cheshire East Constitution

8.6 In taking decisions, the decision-maker must satisfy itself that it has before it adequate and appropriate advice from its service, legal and financial advisers who shall be present at any meeting where a decision is being taken and that that advice is taken into consideration in determining the matter. Where there is any doubt about vires or probity then advice must be obtained from the Monitoring Officer and the Chief Finance Officer.

37 Committee and Sub-Committee Agenda - Urgent Items of Business

37.1 Generally, business will only be transacted at meetings of Committees and Sub-Committees which appears on the agenda and which has been available for public inspection at least five clear working days before the meeting or, where the meeting is convened at short notice, from the time the meeting is convened.

37.2 The Chairman of the Committee or Sub-Committee may agree to deal with an item of business at the meeting if, in his/her opinion, the matter is urgent given the circumstances requiring a decision. The Chairman’s ruling and the reasons for urgency will be recorded in the Minutes of the meeting.

25 September, 2009 - Response to Complaint

The Town Council receive the response to the formal complaint from CEC.
 

9 September, 2009 -Complaint

 

25 August, 2009

Key Recommendations

STC recommends that CEC does not introduce car-parking charges in Sandbach until:
  • The legal fetters associated with Scotch Common have been removed
    or integrated into a holistic car parking strategy for Sandbach.
  • A comprehensive, free residential parking permit scheme is in place.
  • A comprehensive, low cost business parking permit scheme is in place.
  • A season ticket parking scheme is available.
  • The short stay car-parking charging regime includes the first hour free.
    excluding Scotch Common, which is a special case and should therefore give
    the first two hours free
    .
  • A sound economic model is in place to set charging in a fair an equitable manner
  • across the borough, to avoid conflict between the communities and protect the
  • economic well being of smaller rural communities, such as Sandbach.
  • Adequate Civil Enforcement is ready to be deployed.
  • The core issue of the 40% loss of car parking capacity on Thursday is resolved.
  • The need for Car Parking Charges has been proven, on the basis of the principles set out in CEC’s own car parking strategy.

August, 2009 Public Meetings

CEC will be held five public consultation meetings in relation to the proposals, the details of which are set out below.
  • Sandbach Town Hall 4th August 2009 6.30pm
  • Congleton Town Hall 6th August 2009 6.30pm
  • Middlewich Civic Hall 11th August 2009 6.30pm
  • Alsager Leisure Centre 12th August 2009 6.30pm
  • Holmes Chapel Leisure Centre 17th August 2009 7.30pm

For more details see the Cheshire East Website car parking page

6 Aug, 2009 - Taxing the dead? - Congleton Town Hall

A quieter public meeting tonight, with only one third of the seats filled. However, once gain, concern that no clear plans for residential parking were being offered, was high on the agenda, as well as the impact on the viability of an already hard-pressed shopping centre.

The delays in the introduction of civil parking enforcement, now estimated to be December due to central government bureacracy, also gave cause for concern by both shopkeepers and residents alike. The cost of a residential parking permit was also suggested at about £70, though this figure was not firm. Many of the public wished to know how families with two or more cars or those having regular family visitors, were expected to cope with this increased cost. Car transport was suggested by some local workers, as being essential for employment, in a largely rural community, with a comparitively poor bus service and rail service, when compared to Chester and Macclesfield.

Questions about if and how the car parking income was planned to be re-invested in the local community were raised, but neatly side-stepped. The delivery of cycle lanes and improved, or subsidised, bus services, being suggested by one member of the public. Councillor Brickhill welcomed this idea and assured the meeting that Cheshire East was listening and that its car parking plans are by no means a "done deal".

The local chairman closed the meeting by stating he was wholly opposed to car parking charges for Congleton town. He likened them to the old poll-tax, with Cheshire East making the same political mistake. In particular he said "I'm at a loss to understand how Trinity Church could hold funerals without mourners having to pay car parking charges. Is this the equivalent to taxing the dead?"
 

4 Aug, 2009 - Car Parking Charges Revolt - Sandbach Town Hall

This evening a storm of protest was deftly fended off by Council Brickhill of Cheshire East Council (CEC), who stated that he had "entered the lion's den, voluntarily".

Town Councillors Patrick Darnes, Sam Corcoran, Andrew Wood, Dennis Robinson, Stewart Holland and Will Goodall all made erudite points and were strongly supported by well-founded input by many knowledgeable local residents and business owners.

Amongst the many issues raised was the lack of consideration of resident's parking needs and a lack of a cohesive plan, dealing with all the issues at once, especially for market day parking. Many locals voiced serious concerns for the economic well-being of Sandbach, due to CEC's piecemeal approach and felt that Sandbach would be unable to compete with larger shopping centres such as Crewe and Hanley.

The fact that CEC's underlying analysis was based on a flawed report was also strongly criticised, along with the total lack of an economic charging model for the differing towns across the CEC area.

Councillor Dennis Robinson emphasised concerns about damage to the tradition and survival of the ancient Thursday market, when Sandbach has special parking needs that clearly had not been properly considered by CEC.

Councillor Stewart Holland, a well-respected former borough councillor, pointed out that Congleton Borough Council had twice decided, under two different administrations, to keep free parking, for very good reasons, based on the needs of a predominantly rural community. CEC was asked why this should this not continue under its watch.

One suggestion was that CEC should postpone plans for any car parking charges in Sandbach, until it was able to introduce appropriate and effective solutions for residential parking, adequate enforcement, the Scotch Common issue and the special problems associated with Thursday Market parking congestion.

July, 2009 - Car Park Charges - Public Consultation

As set out within the notice of proposals (available via this link), Cheshire East Councils (CEC) statutory consultation period, which commenced on the 29th July, will run until 2nd September 2009.

Any representations in relation to the proposals must be made in writing setting out the grounds on which they are made. Any representations received will be considered by the Cabinet at a subsequent meeting.

July 2009 - Scrutiny questions Car Parking Decision

A decision by Cheshire East's Cabinet was called in by its Scrutiny committee for detailed investigation on the 8th July. The interests of Sandbach were represented by both the Chair of Projects Committee and also Cllr Barry Moran on behalf of the Sandbach Ward Councillors for Cheshire East. After a lengthy debate the Scrutiny Committee finally decided to provide "Advice" to the Cabinet as follows:
  1. That Cabinet ensure that the facts and figures contained within the report are correct.
  2. That the charging policy be standardised across the Borough.
  3. That parking be free of charge for the first hour.
  4. That the consultation period for the off street car parking order be extended to two months. [the statutory minimum being only 21 days]
  5. That the Council's Parking Strategy be adhered to.
The last point is very important as it is asking Cabinet to follow its own strategy i.e. to take into account local economic needs.
   

June 2009 - Car Parking Charges

The planned imposition of car parking charges by Cheshire East Council was considered by a dedicated working group of Sandbach councillors. The resulting Sandbach Town Council Car Park Strategy Report was sent to Cheshire East Council for consideration.
    Some of its key points are:
  • "Council strongly recommends that parking on Scotch Common remains free of charge, until such time as legal approvals are proved by Cheshire East, and that the people of Sandbach have been clearly apprised of this status"
              
  • "The Status of Scotch Common as a registered Village Green was considered and there were two prevailing issues:
    i) Can a Village Green be used as a car park?
    ii) Can a change from free parking to pay parking be enforced?"
     
  • "The economic viability of the town is regarded as the most important element of the strategy for Sandbach, therefore significant concern was expressed about the loss of the current free parking on public car parks – it was felt that there is significant risk that shoppers may choose more vibrant, attractive shopping centres over Sandbach"
     
  • "It is suggested that if this market continues to use Scotch Common, then all public car parks should be either free or have mixed usage and charging regimes on market day."
     
  • "The Council requests that resident surveys are undertaken in the Streets that are within the 350 metre zone in order to assess the requirements for residents parking permits. The Council requests consultation regarding any plans to charge for these permits".

For complete details please see the Sandbach Town Council Car Park Strategy Report.

Since submitting this report to Cheshire East, a report recommending a 30p minimum charge for Sandbach has been published by Cheshire East. Although this has yet to be approved by the Cheshire East Cabinet, it clearly does not adopt the lower, single coin, 20p tariff, suggested in our report and it also contains a number of errors and omissions. The Town Council will therefore remain firmly engaged with Cheshire East Council in this critical area that will impact the economic well being of the Town.
 

Cabinet Approves Car Parking Report considered to be flawed

To this end the Council was representated at the Cheshire East Cabinet meeting on the 16th June to present the Town Council's position and to ask a number of questions. An outline of the presentation is given here. Sandbach Town Council asked for Cabinet to reject the recommendations, on the basis that the Officer's report on Car Park Charging was flawed and the proposed parking fees were not economically sustainable for the Sandbach community. The same request was made from a number of Cheshire East Ward Councillors and from its own Scrutiny Committee. Despite these observations, car parking charges were approved by Cabinet, subject to legal conditions.