Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: Yes
Salford City Council - Record of Decision
I, Councillor Derek Antrobus, Lead Member for Planning and Sustainable Development, in exercise of the powers contained within the Council Constitution, do hereby authorise the making of the below mentioned Traffic Regulation Order:
CITY OF SALFORD (VARIOUS ROADS) TRAFFIC REGULATION ORDER 2019
The Anti-Terrorism Traffic Regulation Order (ATTRO) is proposed in order to comply with a request from the Chief Constable of Greater Manchester Police to potentially control the movement of pedestrians and vehicles on City streets as part of a package of measures aimed at improving the security of people in crowded places and protecting damage to buildings from a potential terrorist attack.
The Order would give to an officer of Greater Manchester Police of the rank of Inspector or above the power to restrict all or part of any City street at their discretion on the basis of a security assessment or intelligence of a threat. The discretion must be exercised in accordance with the Schedule and any agreed Protocol for the time being in force to ensure that any interference is proportionate and that such restrictions are for the minimum extent and for the minimum period necessary.
Assessment of Risk:
In considering the request for an ATTRO, regard has been given to the duty to act in accordance with the European Convention on Human Rights. In relation to possible restriction of access to property, any interference with Article 1 rights to enjoyment of property must be justified. Interference may be regarded as justified where it is lawful, pursues a legitimate purpose, is not discriminatory, and is necessary.
It must also strike a fair balance between the public interest and private rights affected (i.e. be proportionate). It is considered that the public interest in being protected by the existence and operation of the ATTRO outweighs any interference with private rights which is likely to occur when restrictions are in operation.
The scope of restrictions must be proportionate and should only last until the likelihood of danger or damage is removed or reduced sufficiently in the judgment of a senior police officer.
It is considered that the Schedule to the ATTRO will ensure that any interference is proportionate, and, given the risks to life and property which could arise if an incident occurred, and the opportunity provided by the ATTRO to remove or reduce the threat of and/or impacts of incidents, the ATTRO is considered to be justified and any resulting interference legitimate.
Traffic Regulation Orders
The grounds for making traffic regulation orders are set out in Section 1 of the Road Traffic Regulation Act 1984 (‘the RTRA‘). The main grounds are listed below:
a) For avoiding danger to persons or other traffic using the road or any other road or for preventing the likelihood of such danger arising.
b) For preventing damage to the road or any building on or near the road.
c) For facilitating the passage on the road or any other road of any class of traffic (including pedestrians).
d) For preventing the use of the road by vehicular traffic of a kind which or its use by vehicular traffic in a manner, which is unsuitable, having regard to the existing character of the road or adjoining property.
e) For preserving the character of the road in a case where it is especially suitable for use by persons on horseback or on foot.
f) For preserving or improving the amenities of the area through which the road runs.
g) For any of the purposes specified in paragraphs (a) to (c) of subsection 1 of section 87 of the Environment Act 1995 (Air Quality).
An order may be made under the Road Traffic Regulation Act 1984(“the Act”)
• section 1(1)(a) for the purpose of avoiding or reducing, or reducing the likelihood of, danger connected with terrorism (for which purpose the reference to persons or other traffic using the road shall be treated as including a reference to persons or property on or near the road).
• section 1(1)(b) for the purpose of preventing or reducing damage connected with terrorism.
• section 6 made for a purpose mentioned in section 1(1)(a) or (b) may be made for that purpose as qualified by subsection (1) or (2) above.
In this section of the Act “terrorism” has the meaning given by section 1 of the Terrorism Act 2000.
Definition of Terrorism - section 1 of the Terrorism Act 2000 (by virtue of section 22C(6) of the Road Traffic Regulation Act 1984) defines ‘Terrorism’ as:
(a) The use or threat of action where:
(1) it involves serious violence against a person; or
(2) it involves serious damage property; or
(3) it endangers a person’s life, other than that of the person committing the action; or
(4) it creates a serious risk to the health or safety of the public or a section of the public; or
(5) it is designed seriously to interfere with or seriously to disrupt an electronic system; and
(b) The use or threat is designed to influence the government or to intimidate the public or a section of the public; and
(c) The use or threat is made for the purpose of advancing a political, religious or ideological cause
The ATTRO can only be made on the recommendation of the Chief Constable of Police.
The provisions which can be included in ATTROs are the same as for regular traffic regulation orders, but with the following differences –
§ Pedestrians can be prevented from accessing premises which are only accessible to them from that road.
§ Section 92 of the Act can be used to place bollards and other obstructions just like they can be for permanent traffic regulation orders.
§ The ATTRO may authorise the undertaking of works for the purpose of, or for a purpose ancillary to, another provision of the ATTRO.
§ By virtue of 22CA of the Counter–Terrorism and Border Security Act 2019 Any statutory requirement to publish a proposal for, or a notice of, the making of an order does not apply to an order made by virtue of section 22C if the chief officer of police for the area to which the order relates considers that to do so would risk undermining the purpose for which the order is made.
§ The ATTRO may give power to a police constable to direct that a provision of the ATTRO shall (to such extent as the constable may specify) be commenced, suspended or revived (eg. to allow a constable to decide when lorries are prohibited from using the road).
§ The ATTRO may confer a discretion on a police constable (eg. to restrict use of a road by pedestrians to such number of persons as he considers reasonable in the circumstances).
§ The ATTRO may confer a power on a police constable in relation to the placing of structures or signs and may apply in connection with a provision of the Act with or without modifications (eg the power under Section 67 to place traffic signs on a road).
§ By virtue of 22CA of the Counter –Terrorism and Border Security Act 2019 Any statutory requirement to publish a proposal for, or a notice of, the making of an order does not apply to an order made by virtue of section 22C if the chief officer of police for the area to which the order relates considers that to do so would risk undermining the purpose for which the order is made.
In addition Section 122 of the RTRA requires the Council when exercising its functions under this Act to do so in such a way as (so far as practicable having regard to the matters specified below) to secure the expeditious convenient and safe movement of traffic and the provision of suitable and adequate parking facilities on and off the highway. The matters specified are:
a) the desirability of securing and maintaining reasonable access to premises;
b) the effect on the amenities of an area;
c) the national air quality strategy prepared under Section 80 of the Environment Act 1995;
d) the importance of facilitating the passage of public service vehicles and of securing the safety and convenience of persons using or desiring to use such vehicles; and
e) Any other matters appearing to the Council to be relevant.
As the local traffic authority, the Council has the duty to secure the expeditious, convenient and safe movement of traffic (having regard to the effect on amenities) (section 122 Road Traffic Regulation Act 1984). The Schedule to the draft ATTRO at Appendix 3 sets out requirements to ensure that any restrictions will be the minimum necessary to remove or reduce the danger and are consistent with the statutory requirements for making the ATTRO. In implementing the ATTRO the traffic impacts of restricting or prohibiting traffic to roads within Manchester, including, potentially pedestrian traffic, will be considered. In the event of a threat, the disruption to traffic flow would also have to be weighed against the threat of more severe disruption and greater risk being caused due to failure to prevent an incident.
Having a permanent ATTRO in place covering all the highways within the City Centre is considered essential due to the high density nature of the City, and the widespread nature of potential high profile targets.
It would mean that the Police would rely on the order being generally available as an operational tool but on a contingency basis that could be “activated” at any time. This would enable speedier activation of security measures and would meet operational requirements.
By way of further controls, the Schedule to the draft ATTRO requires that in most cases at least seven days’ notice of any restrictions must be given to persons likely to be affected (unless this is not possible due to urgency or where the giving of notice might itself undermine the reason for activating the ATTRO), and notice must also in any event be given to the Council and other affected traffic authorities.
The requirement for notice is intended to mitigate adverse traffic impacts by enabling alternative transport arrangements to be put in place. In addition, the Schedule prohibits any restriction being in place for more than 48 hours without the prior approval of the Council.
In line with statutory obligations for advertising Traffic Regulation Orders (TRO’s), including ATTRO’s, the proposals were advertised the Manchester Weekly(Salford Edition) on 15th August 2019 for a period of 21 days. During this time formal objections can be made to the proposals. No objections to the proposal were received.
Contact: Azra Furheen Tel. 0161 234 4173
Procurement Advice obtained: N/A
This decision is not subject to consideration by another Lead Member
FOR DEMOCRATIC SERVICES USE ONLY
Publication date: 10/09/2019
Date of decision: 10/09/2019
Decided at meeting: 10/09/2019 - Lead Member for Planning and Sustainable Development
Effective from: 18/09/2019