Venue: The Boardroom, Salford Civic Centre, Chorley Road, Swinton. View directions
Contact: Claire Edwards
Apologies for absence.
Declarations of interest.
Decision Items (Part 1 - Open to the Public):
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 Traffic Regulation Order to introduce ‘ CITY OF SALFORD Oldfield Road and Barrow Street, Salford) (Prohibition of Waiting and Loading, Loading/Unloading Parking Places and Amendment) Order 2017
Assessment of Risk: Implementation of the restrictions would decrease the risk of collisions and improve access and road safety.
Legal Advice obtained: The works proposed by this report should not give rise to any legal implications provided the works are carried out in accordance with the appropriate statutory requirements as set out in the Road Traffic Regulation Act 1984 and the Highways Act 1980
The scheme is jointly funded with a Grant Funding agreement with the developer English Cities Fund (ECF) and a proposed Salford Council Capital fund contribution of £175,000.
Procurement Advice obtained: The works and services detailed within this report should be procured directly with Urban Vision Partnership Limited under the councils’ Development Partnering Agreement. This is in compliance with contractual standing orders
The following documents have been used to assist the decision process.
Proposal plan, Lead Member report, letters of objection
FOR DEMOCRATIC SERVICES USE ONLY
Salford City Council - Record of Decision
The Crash Barrier Investment Programme for 2018/19, as outlined in the report.
Assessment of Risk: Medium – It is important that the existing highway crash barriers are inspected, repaired and replaced when appropriate in order to ensure the continued safety of the travelling public.
Legal Advice obtained: Yes- Azra Furheen, Solicitor, 0161 234 4173
Section 39 of the Road Traffic Act 1988 imposes a duty upon the City Council to:
i) prepare and carry out a programme of measures designed to promote road safety and may make contributions towards the cost of measures for promoting road safety taken by other authorities or bodies;
ii) carry out studies into accidents arising out of the use of vehicles on roads or part of roads, other than trunk roads, within their area and must, in the light of those studies, take such measures as appear to the authority to be appropriate to prevent such accidents, including the dissemination of information and advice relating to the use of the roads, the giving of practical training to road users or any class or description of road users, the construction, improvement, maintenance or repair of roads for which they are the highway authority and other measures taken in the exercise of their powers for controlling, protecting or assisting the movement of traffic on roads.
If studies support the installation of the crash barriers in order to improve road safety then installation of such barriers would mitigate any liability on the part of the local authority for failing in its duty of care to implement measures designed to prevent or reduce accidents, provided those barriers comply with and have been installed in accordance with all regulatory requirements.
Finally, s.41 of the Highways Act 1980 (‘the Act’) places upon highway authorities the duty to ‘maintain’ those highways that are maintainable at the public expense. The Act defines ‘maintenance’ as including repair for the purposes of the Act. The said highways should be in a fit state to accommodate the ordinary traffic which passes or may be expected to pass along them, which would include the maintenance of crash
barriers where studies have indicated that these should be installed to improve highway safety.
Financial Advice obtained: Yes – Alison Woods, Finance Officer, Tel. 925 1135
There is sufficient capital funding within the approved Highway Crash Barrier Investment Programme for 2018/19, to fund the £150k works identified within this report.
Close monitoring of expenditure will be necessary to ensure that the programme of works is delivered within the allocated resources. ... view the full decision text for item 3b