The recent changes and the introduction of Yellow Lines to Commercial Rd, Porthleven are leaving residents and visitors confused and annoyed. Therefore, I want to clarify the legality of those lines.
To make Yellow Line legal, a Traffic Regulation Order (TRO) has to be undertaken. This is subject to a full public consultation, and only after that, and the work has been deemed necessary, a TRO can be made law and enforceable.
Commercial Rd is a private road, but under Highways legislation, it has full public access both pedestrian and vehicular. Therefore, the owner of the said land cannot just do anything and any changes like adding Yellow Lines have to follow legislation.
Harbour and Dock have been advised by myself and Cornwall Council of the correct procedures; with the latter saying no such work should take place until the proper processes have been undertaken. In fact, Highways wrote to the Harbour and Dock asking for all work to stop until this matter had been resolved legally. The Harbour and Dock ignored this advice.
I have been speaking to Highways on this matter for several weeks and only last Friday, they still were not happy with the work that has been undertaken. If the Harbour and Dock had engaged with the statutory highways agency, they would have advised the best course of action which would have avoided the chaos that is now happening along this road. Pedestrian and vehicle safety could have been improved by doing this properly.
Of course, the Council can take legal action against the Harbour and Dock, but this would cost tax-payers a considerable amount of money.
Summing this up, a person can park their vehicle on this stretch of road and no enforcement will be undertaken. Of course all other Yellow Lines in Porthleven are legal – just to stop anyone thinking it invalidates all other lines. Enforcement officers has been informed too.