Action to be taken against yellow lines on Commercial Road, Porthleven

Let’s be clear, this is not about whether there should or should not be yellow lines on Commercial Road, Porthleven. This issue is about the a lawful process of placing parking restriction and a proper consultation via a Traffic Regulation Order. Here is the previous blog HERE

This would have given the public and official bodies such as Highways the ability of discussing the merits and disadvantages of placing lines along this stretch of road. From this, if there was a requirement of placing parking restrictions along this stretch of road, it would have been done legally and with the proper process and then enforceable.

No-matter who you are, you have to follow the law and people do not have the right to just paint yellow lines wherever they think they can. We have rules for a reason.

In discussing this issue with Highways and Cornwall Council’s legal department and because there has been a clear breach of the law, Cornwall Council is taking action against the Harbour and Dock Company. This is something I welcome.

Cornwall Council has written to Harbour and Dock clearly pointing out the legal breach under Section 132 of the Highways Act 1980. It has given Harbour and Dock two options.

The first is make a formal application for a TRO to regulate, if appropriate, the yellow lines currently in place. This application will ensure that all the relevant aspects of traffic management are considered and provide the opportunity for the public to make representations. The Harbour and Dock Company has one month to comply and submit an application.

The second option is if the Harbour and Dock fails to submit an application for a TRO, then the Highways Authority will remove the unauthorised lines and recover the costs of doing so from Harbour and Dock.

I believe this is a sensible way forward and one that I very much welcome. This could all have been avoided if the proper process was followed…

It should be noted that placing parking restrictions on a stretch of highways doesn’t necessarily stop parking for a couple of reasons.

Those with Blue Badges can park on double yellow lines for up to three hours (so you just replace parked cars with another type of parked car). If you ‘double clip’ a yellow line which means no parking at any time, you do stop parking, but you also stop any delivery vehicle stopping to unload/load as it is an offence and will result in an instant parking ticket. To overcome this, you then need a loading bay. As you can see, placing parking restrictions without proper thought, just causes more problems.

 

8 comments

  • M Roberts

    Thank heavens we have someone like you Andrew keeping a watchful eye on our beautiful Porthleven.It seems like Mr Osborne has a mind of his own regardless of the law.He May own a lot of Porthleven but perhapes a reminder to him he doesn’t own the people.Many thanks for all your hard work.No doubt another round will be showing its head soon on what part of Porthleven he would like to destroy.Mrs M Roberts

  • Peter Johnson

    The double yellow lines have made walking along a narrow road much safer. Why give publicity to motorists so that they can ignore with impunity? To score a political point against a man – like him or loathe him – who on this occasion had the public interest at heart. Bet you don’t print this!

  • Lesley Connochie

    Well said Andrew. I agree totally. It is not about the yellow lines but about following the due process of the rules and regulations. These apply to everyone and no one should be above this.

  • Derek Tyler

    The road is now much safer. My issue is why didn’t Cornwall Council do this themselves instead of waiting for the owner to do it and then waving the law at him when he acted in the public interest. Shameful I say.

  • Andrew Wallis

    Because it has to be paid for.

  • Andrew Wallis

    The article is about the legality of doing it. So you are quite happy for the law to be broken? Where do you draw the line on which laws are acceptable to break? Shall I paint double yellows out side of your house because I think it’s safer? How would you react?

  • Derek Tyler

    No I asked why the council hadn’t done this already, as they have that responsibility, why was it left for Mr Osbourne to take action and then have the council come after him for taking the action that is their responsibility ?

    Local authorities are responsible for local roads that are not motorways or major trunk roads. Highway engineers are responsible for these roads’ design, repair, markings and speed limits.

  • Gilly Zella Martin

    I personally agree with the concept of the double yellow lines on that short stretch of Commercial Road, it would prevent congestion and enhance safety for pedestrians, there is plenty of free parking a little further along Commercial Road and alongside the harbour, added to which Porthleven hosts four car-parks, one of which is free.
    However, I do agree with Andrew, there is legality needed, for which should be applied. Everyone should follow the official channels for which to gain permission, I do not think there can be one rule for one and another rule for others. If the public are entitled to consultation prior to any changes to parking restrictions in the road, then clearly that should be the way forward through the correct procedures.

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