The legality of the Yellow Lines on Commercial Rd, Porthleven

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.

In simple terms, the Yellow Lines on Commercial Rd are not legal, and have no legal standing and no enforcement can take place by official Civil Enforcement Officers, the Police, or anyone else.

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.

6 comments

  • Susie

    Thank you Andrew for this clarification. It seems all reasonable attempts to resolve matters have, at least so far, failed. Presumably Cornwall Council can put the Harbour and Dock Company on appropriate legal notice, so that the Company will bear any unecessary legal costs if the Council is forced to take enforcement action. It is important to protect local businesses adversely affected by this unilateral action, and to treat large organisations in breach just as individuals would be if they did not follow appropriate procedures.

  • Jeanette Turner

    I use this road regularly and Ive never found it a problem passing parked cars or passing people walking in the road. I may be wrong but I don’t think I’ve heard of any padestrians being hurt by cars passing them either. All this has done is make padestrians have less room on the shop side. People with ♿ or prams may now have access problems to shops. Also the parking behind The Harbour has been taken away and the pay and display by Costcuttets isn’t exactly huge, so in adding these lines you may find people driving off if they cannot park instead of visiting the shops. I’m sure a lot of visitors won’t know of the car park up top by the play area and not everyone could do the walk down and back up again. I’d love to know the persons thinking behind this idea

  • Ian Parsons

    Thanks Andrew for clarifying the legality of Double yellow linegate.

  • Gilly Zella Martin

    I realise official procedure should have been followed, however, personally I think the concept of the double yellow lines in the position they are, were a good idea. It would stop congestion on that bit of the road and enhance safety for pedestrians. I think they should be active in the summer months but not the winter, like many other double yellow lines in similar places locally.
    There are free parking spaces for the holiday lets further along Commercial Road. Porthleven hosts three car-parks, one of which is free, and a percentage of other free parking availability.

  • Gilly Zella Martin

    Incidentally, is this not going to now cause more problems if people park on the shops side of the road to avoid the double yellow lines, and then people ‘in the know’ come along and and double park on the double yellow lines, thus reducing the width for emergency vehicles to access the road.

  • Pingback: Action to be taken against yellow lines on Commercial Road, Porthleven – Cllr Andrew Wallis

Please feel free to leave a comment to the post, as I like to hear your views! However, comments that do not meet the rules of the site (found in Blog Disclaimer) will not be published. Furthermore, all comment need to be approved by admin before publication.