Agenda item

PVX Policy

Minute 453 (Circulated separately – Agenda Item 19 refers)

Called in by Councillors Ware-Lane, Nevin, Woodley and Assenheim

Minutes:

The Committee considered Minute 453 of the meeting of Cabinet held on 8th November 2016 which had been called-in for scrutiny, together with the report of the Deputy Chief Executive (Place) proposing amendments to the existing Permanent Vehicular Crossing (PVX) Policy in light of the outcome of the review.

 

The Executive Councillor for Transport, Waste and Cleansing gave the following two assurances:

 

(a) The new policy would be reviewed after 18 months in operation; and

 

(b) During the next 18 months, consideration would be given to the possibility of a Council ground maintenance trading company undertaking PVX work.

 

Resolved:-

 

That the following decisions and recommendations of Cabinet be noted:

 

“1. That the issues identified in Section 5 of the submitted report relating to the PVX Policy, process and procedures, be noted.

 

2. That the amendments to the PVX Policy set out in paragraphs 5.2(a)-(d) of the report, be approved.

 

3. That the matters that are not considered to amount to exceptional circumstances, set out in paragraph 5.5 of the report, be approved.

 

4. That the approach to refusing applications set out in paragraph 5.6 of the report, be approved.

 

5. That the approach to exceptional circumstances set out in paragraph 5.8 of the

 report, be approved (acknowledging that each application is different and each exceptional circumstances case will be considered on its own merits).

 

6. That the recommendations in Paragraph 5.9 of the report be approved (i.e. no changes to remaining policy or criteria).

 

7. That the approach to fees set out in paragraph 5.11 of the report, be approved.

 

Recommended:-

 

8. That the exceptional circumstances PVX applications be included as part of the terms of reference of both the Traffic and Parking Working Party and Cabinet Committee, so as not to preclude the democratic process, with the Cabinet Committee having full delegated powers to determine the applications and that the call-in process shall not apply to the decisions of the Committee to ensure that the applications are dealt with in a timely manner.

 

9. That, accordingly, the following amendments be made to the Constitution:

 

(a)  Part 3 Schedule 2 – Terms of Reference of Traffic and Parking Working Party. Add the following to the terms of reference of the working party under paragraph 3.6.3: (c) To consider exceptional circumstances PVX applications and make appropriate recommendations to the Cabinet Committee.

(b)  Part 3 Schedule 2 – Terms of Reference of Cabinet Committee. Add the following at the end of the terms of reference to the Cabinet Committee under paragraph 2 (b): The Cabinet Committee will consider the recommendations from the Traffic and Parking Working Party in respect of exceptional circumstances PVX applications and determine such applications.  The decisions will not be available for call-in.

(c)  Part 4(e) – Call-in. Add the following to the list of exceptions to the call-in process under paragraph 15(e): (iv) in respect of exceptional circumstances PVX applications determined by the Cabinet Committee.”

 

Note:-The decisions in 1-7 above constitute an Executive function. The decisions in 8 and 9 above constitute a Council function.

Executive Councillor :- Cox

Supporting documents:

 

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