|
|
|
1978
No. 1535
ROAD TRAFFIC
The Control of Off-Street Parking
(England and Wales) Order 1978
Made - - - - 24th October 1978
Laid before Parliament 1st November 1978
Coming into Operation 1st December 1978
|
At the Court at Buckingham
Palace, the 24th day of October 1978
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred on Her by section 11 of the Transport
Act 1978, is pleased, by and with the advice of Her Privy Council, to order, and
it is hereby ordered, as follows:—
Citation and commencement
1. This Order may be cited as the Control of Off-Street Parking (England
and Wales) Order 1978, and shall come into operation on 1st December 1978.
Interpretation
2.—(1) In this Order, unless the context otherwise requires— “the Act of
1967” means the Road Traffic Regulation Act 1967; “controlled area” means an area
in a county in England or Wales where the provision of offstreet parking is controlled
in accordance with the provisions of this Order;
“the county council”,
in relation to a controlled area or an area proposed to be designated as a controlled
area, means the council of the county in which the controlled area or area proposed
to be so designated, as the case may be, is situated; “licence” means a licence
under this Order;
“local authority”, in relation to a parking place in a controlled area, means
the council of the district where the parking place is situated;
“long-term parking” and “short-term parking” mean parking for a continuous period
exceeding, or, as the case may be, not exceeding, four hours or such longer period
as may be prescribed; “public off-street parking place” means a place, whether
above or below ground and whether or not consisting of or including buildings,
where parking space for motor vehicles off thehighway is made available by any
person to the public for payment; and references to operating, or to the operator
of, such a parking place shall be construed as references to making, or as the
case may be to the person making, such parking space at the parking place so available;
“prescribed” means prescribed by regulations;
“regulations” means regulations made by a county council under this Order;
“urban road” means a road which—
(i) is a restricted road for the purposes of section 71 of the Act of 1967 (30
mph speed limit), or
(ii) is subject to an order under section 74 of that Act imposing a speed limit
of not more than 40 mph.
(2) Any reference in this Order to an enactment is a reference to that enactment
as amended by any subsequent enactment.
(3) The Interpretation Act 1889 shall apply for the interpretation of this Order
as it applies for the interpretation of an Act of Parliament.
Designation of controlled areas
3.—(1) The provisions of this Order shall have effect for enabling the council
of any county in England (outside Greater London) or in Wales by regulations to
designate (subject to paragraph (2) below) any area within the county as a controlled
area for the purposes of this Order and the provisions of this Order shall apply
to any area so designated.
(2) No area may be designated as a controlled area unless it comprises only premises
to which there is no road access otherwise than (directly or indirectly) from
one or more urban roads.
Regulations of county council for prescribing the nature and extent of the
control
4.—(1) Regulations designating any area within a county as a controlled area
may—
(a) include provision—
(i) as to the maximum number of parking spaces to be made available at licensed
parking places for all, or for any respectively, of the descriptions of parking
referred to in Article 7(b) of this Order in, or in any specified part of, any
controlled area comprised within the area of a particular local authority,
(ii) requiring that, in the case of licensed parking places in a particular controlled
area or part of a controlled area, all or any of the matters referred to in Article
7(c) of this Order shall or as the case may be shall not be the subject of conditions
specified in the licence;
(iii) regulating the conditions which may be imposed with respect to any of the
matters aforesaid;
(b) prescribe forms to be used in the county for the purpose of this Order and
any other matters which under this Order are to be prescribed as respects the
county;
(c) include such supplementary, incidental and consequential provision as appears
to the county council to be necessary for the purposes of this Order in relation
to the county; and
(d) make different provision as respects like matters in different circumstances;
and the power to make such regulations shall include power to vary or revoke them.
(2) The provisions of Part I of the Schedule to this Order shall apply to the
making of regulations for designating an area as a controlled area or for varying
or revoking any such regulations previously made.
(3) Every local authority whose area comprises the whole or any part of a controlled
area, or in whose area the whole or a part of a controlled area lies, shall exercise
their functions under Articles 6 and 7 of this Order as respects the controlled
area or the part thereof, as the case may be, in conformity with any regulations
of the county council for the time being in force by virtue of this Article.
Requirement for licence
5. Subject to Article 16 of this Order, in a controlled area no person other
than the county council or a local authority shall operate a public off-street
parking place of a prescribed description except under and in accordance with
the terms and conditions of a licence granted to that person by the local authority.
Permanent or limited licences
6. An applicant for a licence in respect of any premises may apply either
for a permanent licence or for a licence for such limited period not exceeding
five years as the applicant may specify, and any application to the local authority
for a licence shall be accompanied by the prescribed fee appropriate to the type
of licence applied for towards the administrative expenses of the local authority
under this Order; and, subject to Article 4 of this Order, on any such application
the local authority may at their discretion either grant the applicant a licence
of the type applied for or refuse the application.
Terms and conditions of licences
7. Subject to Article 4 of this Order, every licence shall specify—
(a) the period of its duration, that is to say, whether it is a permanent licence
or a licence for a limited period and, if for a limited period, the period for
which it is granted;
(b) the maximum number of parking spaces to be provided at the licensed parking
place for all, and, if the local authority think fit, for any respectively, of
the following descriptions of parking, namely, short-term parking, long-term parking,
casual parking and regular parking or any particular category of regular parking;
(c) any conditions in addition to those specified in Article 8 of this Order subject
to which the licence is granted, being such conditions, if any, as the local authority
may think fit with respect to all or any of the following matters, namely—
(i) the scale of charges, or the minimum charges, or the maximum and minimum charges,
to be made for the use of parking spaces at the licensed parking place for all,
or for any respectively, of the descriptions of parking referred to in paragraph
(b) of this Article;
(ii) the proportion of parking spaces to be available respectively for casual
parking and for, or for any specified category of, regular parking;
(iii) the times of opening and closing of the licensed parking place for the reception
of vehicles;
(iv) the manner in which users of the licensed parking place are to be informed
of the effect of the terms and conditions of the licence;
(v) the keeping by the operator of the licensed parking place as respects all,
or as respects any respectively, of the descriptions of parking referred to in
the said paragraph (b) of records showing for each day the number of vehicles
using parking spaces at the licensed parking place and the sums received by way
of charges for the use of those parking spaces.
Inspection of parking places and production of records
8. It shall be a condition of every licence—
(a) that any person authorised in that behalf in writing by the local authority
or by the county council may, subject to production if requested of his authority,
at all reasonable hours enter upon and inspect the licensed parking place; and
(b) that the holder of the licence shall, on being given reasonable notice for
the purpose by any such person, produce to that person and permit him to examine
and make copies of, or take extracts from, any records required by virtue of Article
7(c)(v) of this Order to be kept in connection with the operation of that parking
place;
but if any such person discloses to any other person otherwise than in the performance
of his duty any information with regard to the operation of that parking place
or to any trade secret obtained by him at that parking place or from any such
examination, or if any member or officer of the local authority to whom any such
information is disclosed by reason of his official position discloses that information
to any other person otherwise than in the performance of his duty, that person
or, as the case may be, that member or officer shall be liable on summary conviction
to a fine not exceeding £100.
Decisions of local authority—statement of reasons
9. Where the local authority decide in pursuance of Article 6 of this Order—
(a) to refuse an application for a licence; or
(b) to grant a licence subject to any conditions which they are not required by
regulations under Article 4 of this Order to impose with respect to any of the
matters referred to in Article 7 (c)(i) to (v) of this Order,
they shall inform the applicant in writing of the reasons for their decision at
the same time as they inform him of that decision.
Transfer, surrender, variation and revocation of licences
10. Where a licence has been granted—
(a) the local authority shall, if so requested by a successor in title to the
business (so far as it consists of the operation of the licensed parking place)
of the person to whom the licence was granted, transfer the licence to that successor
in title, but a licence shall not otherwise be transferable;
(b) the holder of the licence may at any time surrender it by giving notice in
writing for the purpose to the local authority which shall include a statement
certifying either that the holder is the only person entitled to any interest
in the licensed premises or that not less than twenty-one days before the date
of the notice the holder has notified all other persons known to him to be so
entitled of his intention to serve the notice;
(c) the local authority may at any time on the application or with the agreement
of the holder of the licence vary any of the terms and conditions specified in
the licence under Article 7(b) and (c) of this Order;
(d) in the case of a permanent licence, the local authority shall have the powers
of revocation or variation of the licence conferred by Part II of the Schedule
to this Order.
Appeals and compensation
11. The provisions of Parts III and IV of the Schedule to this Order shall
have effect with respect to appeals and compensation in connection with certain
decisions of a local authority under this
Order; and the local authority shall comply with the prescribed requirements as
to the giving to an applicant for a licence of information as to the rights conferred
by the said Parts III and IV; and every person who applies for or is the holder
of a licence in respect of any premises shall give to any other person known to
him to be entitled to any interest in those premises information as soon as may
be—
(a) of the making of the application; and
(b) of any decision of the local authority relating to the premises of which he
is, or is deemed under paragraph 14(2) of the said Schedule to have been, notified
by the local authority; and
(c) of the bringing, and of the determination or abandonment, of any appeal from
any such decision brought by that person under the said Part III.
Contravention of terms or conditions of licence by the holder—penalties
12. Subject to Article 16 of this Order and to the provisions of Part V of
the Schedule to this Order, any holder of a licence who contravenes or fails to
comply with any of the terms and conditions of the licence and who does not show
that the contravention or failure was due to an act or omission of a person not
connected with the operation of the licensed parking place which the persons so
connected could not reasonably have been expected to prevent shall be liable on
summary conviction—
(a) in the case of a term imposed under Article 7(b) or a condition with respect
to any of the matters referred to in Article 7 (c)(i), (ii), (iii) or (v) of this
Order, to a fine not exceeding £100;
(b) in any other case to a fine not exceeding £50;
and on the conviction of the holder of a licence of an offence under this Article
the court before whom he is convicted may, if on an application made for the purpose
by the local authority the court is satisfied that it is proper so to do by reason
of the extent to which, or the period over which, or the frequency with which,
the holder of the licence has contravened or failed to comply with the terms and
conditions of the licence or by reason of the wilfulness of the offence, make
an order for the revocation of the licence.
Suspension or revocation or variation of licence pending an appeal
13. Save as provided by Article 12 of this Order, or Part II of the Schedule
to this Order, a licence shall not be revoked; and the revocation of a licence
in pursuance of an order under that Article or the revocation or variation of
a licence under the said Part II shall not take effect—
(a) before the expiration of the period for giving notice of appeal from the order
or, as the case may be, notice of appeal under Part III of that Schedule from
the local authority's decision to revoke or, as the case may be, vary the licence;
or
(b) if such a notice of appeal is duly given, until the effectiveness or otherwise
of the order or, as the case may be, the local authority's decision is finally
determined in accordance with the relevant procedure.
Operation of parking place without a licence—penalties
14. Subject to Article 16 of this Order and to the provisions of Part V of
the Schedule to this Order, any person who, in contravention of Article 5 of this
Order operates a public off-street parking place without holding a licence for
the purpose shall be liable on summary conviction—
(a) to a fine not exceeding £200; or
(b) in the case of a second or subsequent conviction of an offence under this
Article, to a fine not exceeding £400.
Application of principles of the control to the county council's and the local
authority's own parking places
15. The county council and the local authority for a controlled area shall
have regard to any regulations for the time being in force under this Order when
exercising in that area any of their respective functions under sections 28 to
32 of the Act of 1967; and where a public off-street parking place is provided
in a controlled area by the county council or the local authority under the said
section 28, any such regulations shall apply to the operation of that parking
place with such modifications as may be prescribed for the purpose, being modifications
appearing to the county council to be necessary to ensure that the parking place
is operated by or on behalf of the county council or the local authority (as the
case may be) with suitable provision as to the matters referred to in Article
7(b) and (c) (i) to (iv) of this Order in like manner as if it were being operated
under a licence granted by the local authority.
Suspension of control in an emergency
16.—(1) Subject to the provisions of this Article, the Secretary of State
may at any time, if it appears to him expedient so to do by reason of any emergency
which appears to him to have arisen or to be likely to arise, by order in a statutory
instrument which shall be laid before Parliament after being made, provide that
this Article shall apply in relation to—
(a) some or all of the areas for the time being designated as controlled areas
in one or more particular counties specified in the order, or
(b) such part or parts of any one or more of those areas as may be specified in
the order, or
(c) all areas for the time being designated as controlled areas in all counties
in England or Wales.
(2) During the period while any order under paragraph (1) of this Article is in
force in relation to any controlled area or part thereof—
(a) any public off-street parking place in that area or part may be operated as
if that area or part were not, or, as the case may be, were not comprised in,
a controlled area; and
(b) nothing in Article 12 or 14 of this Order shall apply to anything done at
any such parking place during that period.
(3) Except where the order will relate to all areas for the time being designated
as controlled areas in all counties in England or Wales, the Secretary of State
shall, before making an order under paragraph (1) of this Article, consult with
the county council or councils concerned
(4) The power of the Secretary of State to make an order under paragraph (1) of
this Article shall include power, exerciseable in the same manner and subject
to the same conditions, to vary or revoke any previous order under that paragraph.
N. E. Leigh
Clerk of the Privy Council
THE
SCHEDULE
CONTROL OF OFF-STREET PARKING
PART I
Provisions as to making of regulations
|
1.—(1) Before deciding
to propose the making of regulations under this Order with respect to any matter,
the county council shall consult with such representative organisations as they
think fit and, if after such consultation they decide to make such a proposal,
they shall cause to be published in the London Gazette and in one or more local
newspapers circulating in the area to which the regulations will relate a notice
stating that they propose to make such regulations, giving a summary of their
effect, and specifying—
(a) a place at which provisional draft regulations may be inspected at all reasonable
hours and from which a copy of those draft regulations may be obtained on request;
and
(b) a date (not being earlier than six weeks after the date of publication of
the notice) by which representations with respect to the draft regulations, which
should include the grounds for any objection thereto, must be sent in writing
to the county council;
and on causing such a notice to be published the county council shall send a copy
of the notice and of the draft regulations to the Secretary of State and to each
local authority the whole or part of whose area is for the time being, or would
under the draft regulations become, a controlled area; and the county council
shall not make any regulations in pursuance of the proposal to which the notice
relates before the expiration of the period of twelve weeks beginning with the
date when the notice is published.
(2) Before deciding to propose the designation of a controlled area under this
Order, the county council shall consult organisations representative of the disabled.
2.—(1) As soon as may be after the date specified by the notice aforesaid for
the making of representations with respect to the draft regulations, the county
council shall send to the Secretary of State copies of all representations received
by them by that date or, if no representations have been so received, shall inform
the Secretary of State in writing of that fact.
(2) If representations are received by the county council from organisations representative
of the disabled about the proposal to designate a controlled area, the county
council shall send to the Secretary of State (together with copies of the other
representations (if any) received as mentioned in sub-paragraph (1) of this paragraph)
a statement of how parking requirements of the disabled arising from implementation
of the proposal are met by existing facilities or, if in the opinion of the county
council they are not already so met, how it is intended to meet them.
3. In the case of any proposal to make regulations under this Order, the Secretary
of State may at any time before the expiration of the period of twelve weeks aforesaid
give to the county council a direction in writing that, except with the consent
of the Secretary of State, regulations shall not be made in pursuance of that
proposal—
(a) with respect to all, or with respect to such as may be specified, of the matters
to which the proposal relates; or
(b) in relation to, or to a specified part of, any specified area which has been
or is proposed to be designated as a controlled area;
and on any such direction being given the Secretary of State shall cause notice
thereof to be published in the London Gazette and the county council shall comply
with that direction.
4.—(1) Where in the case of any such proposal as aforesaid to make regulations
the Secretary of State has given such a direction as aforesaid, he shall as soon
thereafter as he is in a position to do so notify the county council in writing
with respect to each of the matters or areas to which the direction relates either—
(a) that he consents to the making of regulations with respect to that matter
or in relation to that area in pursuance of that proposal; or
(b) that he is not prepared in any circumstances to consent to the making of such
regulations in pursuance of that proposal; or
(c) that subject to sub-paragraph (2) of this paragraph he is prepared to consider
consenting to the making of such regulations in pursuance of that proposal if
a revised draft is submitted to him for the purpose incorporating modifications
of a specified nature or in other specified circumstances;
and before deciding the notification to be given to the county council under this
paragraph with respect to any matter or in relation to any area the Secretary
of State may if he thinks fit appoint a person to hold an inquiry in connection
with that matter or area, and subsections (2) to (5) of section 250 of the Local
Government Act 1972 shall apply to any such inquiry.
(2) The Secretary of State shall not consider any such revised draft as is referred
to in subparagraph (1)(c) of this paragraph unless he is satisfied that the county
council— (a) have taken appropriate steps to inform any persons affected by the
modifications incorporated in the revised draft of the nature of those modifications
and have afforded those persons a reasonable opportunity to make representations
with respect to the revised draft regulations; and (b) have supplied the Secretary
of State with copies of any such representations made.
5.—(1) In the case of any such proposal as aforesaid to make regulations the county
council may if they think fit at any time after the expiration of the period of
twelve weeks aforesaid make regulations in pursuance of that proposal with respect
to any matter or in relation to any area which is not the subject of a direction
under paragraph 3, or which is the subject of a consent under paragraph 4(1)(a),
of this Schedule, being regulations either—
(a) in the form of the provisional draft with any modifications necessary in consequence
of any such direction with respect to any other matter or area; or
(b) subject to sub-paragraph (2) of this paragraph, in the form of that draft
modified in such manner as the county council thinks fit, whether as a result
of any representations to which paragraph 2 of this Schedule applies or otherwise.
(2) The county council shall not make any regulations by virtue of sub-paragraph
(1)(b) of this paragraph unless a draft of the regulations in the form in which
they are to be made has been submitted to the Secretary of State and the Secretary
of State has given his consent to their being made.
6. In deciding in the case of any such proposal as aforesaid whether or not to
make any regulations in pursuance thereof by virtue of paragraph 5 of this Schedule
the county council shall have regard to any representations to which paragraph
2 of this Schedule applies; and in deciding whether or not to give any consent
under this Part of this Schedule to the making of regulations by the county council
in pursuance of any such proposal, the Secretary of State shall have regard to
any such representations, to the report of any person appointed to hold an inquiry
under paragraph 4 of this Schedule in connection with the proposal in question,
and to any such representations as are referred to in sub-paragraph (2) of the
said paragraph 4; and the Secretary of State shall cause notice of the giving
by him of any consent under this Part of this Schedule to be published in the
London Gazette.
PART
II
Revocation or variation of permanent licences
|
7.
Subject to the provisions of Parts III and IV of this Schedule with respect to
appeals and compensation, the provisions of this Part of this Schedule shall apply
in relation to any permanent licence granted by the local authority.
8. If at any time it appears to the local authority expedient to do so in the
interests of the proper planning of transport in the county of which their area
forms part, they may by not less than twelve months notice in writing to the holder
of the licence either—
(a) revoke the licence; or
(b) vary the terms and conditions thereof specified under Article 7(b) and (c)
of this Order.
9. If at any time it appears to the local authority that the holder of a licence
(whether the person for the time being holding that licence or a previous holder
thereof) has discontinued making parking spaces available to the public at the
licensed parking place and that the discontinuance has lasted for a period of
not less than two years, then, subject to paragraph 13 of this Schedule, they
may by notice in writing to the holder of the licence revoke it.
10. If at any time it appears to the local authority that for a period of not
less than two years the person, or each of the persons, who was for the time being
during that period the holder of a licence in respect of a licensed parking place
has made available to the public at that parking place a substantially lower number
of parking spaces than that authorised by the licence, then, subject to paragraph
13 of this Schedule, they may by notice in writing to the holder of the licence
vary the terms and conditions of the licence specified under the said Article
7(b) and (c) so as to authorise the provision at the licensed parking place of
only that number of parking spaces which it appears to the local authority was
being provided at the date of the notice.
11. If in the case of a licensed parking place which was ready for operation at
the date of the grant of the licence the local authority are satisfied at any
time that for a period of not less than two years beginning with that date the
person, or each of the persons, who was for the time being during that period
the holder of the licence has not made any significant number of parking spaces
available to the public at the licensed parking place, then, subject to paragraph
13 of this Schedule, they may by notice in writing to the holder of the licence
revoke it.
12.—(1) Where at the date when the licence was granted the development as a public
off-street parking place of the premises in respect of which the licence was granted
had not been begun or had not been completed then, subject to paragraph 13 of
this Schedule—
(a) if there has been a period of not less than three years since that date without
that development being begun, or
(b) if there has been a period of not less than seven years since that date without
that development being completed, or
(c) if for a period of not less than two years beginning with the date of the
completion of that development the person, or each of the persons, who was for
the time being during that period the holder of the licence has not made any significant
number of parking spaces available to the public at the licensed parking place,
the local authority may by notice in writing to the holder of the licence revoke
it.
(2) For the purposes of the foregoing sub-paragraph, the development there referred
to shall be taken to begin at the earliest date on which any specified operation
within the meaning of section 43(2) of the Town and Country Planning Act 1971
comprised in that development begins to be carried out.
13. Where notice under paragraph 9, 10, 11 or 12(1) of this Schedule is given
after the expiration of the relevant period referred to in the paragraph in question
the notice shall be of no effect if it is given more than three months after the
expiration of that period.
PART
III
Rights of appeal
|
14.—(1) If a person who is, or who proposes to become, the operator of a public
off-street parking place in a controlled area or any other person entitled to
an interest in the premises used or proposed to be used for the purposes of that
parking place is aggrieved by a decision of the local authority—
(a) to refuse an application for the grant of a licence in respect of those premises;
or
(b) as to the terms and conditions to be specified under Article 7(b) and (c)
of this Order in a licence granted in respect of those premises; or
(c) to refuse an application for a variation of the terms and conditions so specified
in a permanent licence granted in respect of those premises; or
(d) to revoke a licence granted in respect of those premises; or
(e) to vary under Part II of this Schedule any of the terms and conditions specified
under the said Article 7(b) and (c) in a permanent licence granted in respect
of those premises,
he may by notice served within such time (not being less than twenty-eight days
from the date of notification of the decision to which it relates) and in such
manner as the Secretary of State may by regulations under paragraph 17 of this
Schedule direct, appeal to the Secretary of State from that decision.
(2) If in a case where—
(a) a person makes an application to the local authority for a licence in respect
of premises in respect of which a licence is not for the time being in force;
or
(b) the person who is the holder of a permanent licence in respect of any premises
duly makes an application to the local authority for a specified variation of
the terms and conditions of the licence specified under the said Article 7(b)
and (c),
the local authority have not notified that person of their decision on his application
by the expiration of the period of two months beginning with the date when they
received the application or such longer period beginning with that date as may
have been agreed for the purpose between that person and the local authority,
the local authority shall be deemed for the purposes of this Schedule to have
notified that person at the date of the expiration of that period that they have
decided to refuse the application.
15. The Secretary of State shall not be required to entertain an appeal under
this Part of this Schedule from any decision of a local authority if or to the
extent that it appears to him that the decision was necessary in order to comply
with the requirements of this Order or with any regulations made by the county
council by virtue of Article 4 of this Order which are for the time being in force.
16.—(1) Subject to sub-paragraph (2) of this paragraph, before determining an
appeal under this Part of this Schedule the Secretary of State shall, if either
the appellant or the local authority so request, afford to each of them an opportunity
of appearing before, and being heard by, a person appointed by the Secretary of
State for the purpose.
(2) If the Secretary of State thinks fit in any case where such a request as aforesaid
is made, he may, instead of complying with that request, appoint a person to hold
an inquiry in connection with the appeal, and subsections (2) and (5) of section
250 of the Local Government Act 1972 shall apply to any such inquiry.
17.—(1) The Secretary of State may by regulations make provision as to the procedure
to be followed in connection with appeals under this Part of this Schedule, including
the procedure in connection with matters preparatory to, or subsequent to, the
consideration of the appeal.
(2) Any such regulations shall include provision for the giving of notice to the
county council of any appeal under this Part of this Schedule and of any request
made under paragraph 16(1) thereof, and for enabling the county council to make
representations with respect to the matter in question and to appear before and
be heard by any person appointed by the Secretary of State for the purposes of
sub-paragraph (1) or (2) of the said paragraph 16.
(3) Any regulations under this paragraph shall be made by statutory instrument
and be subject to annulment in pursuance of a resolution of either House of Parliament.
18.—(1) On an appeal being brought under this Part of this Schedule from a decision
of the local authority, the Secretary of State may either dismiss the appeal or
substitute for that decision such other decision, as he thinks fit; and, subject
to sub-paragraph (2) of this paragraph, the decision of the Secretary of State
on the appeal shall be final and shall be binding both on the appellant and on
the local authority, and the local authority shall take such steps as may be necessary
to give effect to any such substituted decision.
(2) Subsection (1) of section 13 of the Tribunals and Inquiries Act 1971 (which
relates to appeals on points of law from decisions of certain tribunals) shall
apply to a decision of the Secretary of State on an appeal under this Part of
this Schedule as it applies to a decision of any of the tribunals mentioned in
that subsection, but as if the reference to any party to proceedings before such
a tribunal were a reference to the local authority or any person who had, or if
aggrieved would have had, a right to appeal to the Secretary of State under this
Part of this Schedule, whether or not he has exercised that right, and accordingly
references in subsections (1) and (3) of that section to a tribunal shall be construed
in relation to such an appeal as references to the Secretary of State.
PART
IV
Right to compensation in certain circumstances
|
19. Where a person
who, at the date when an area is first designated as a controlled area by regulations
of the county council under this Order, is the operator of a public off-street
parking place at premises in that area which have at that date been used as such
a parking place for a continuous period of not less than six months duly makes
an application to the local authority for a licence in respect of those premises
before the expiration of the period prescribed for such applications in respect
of parking places in operation at that date, and the local authority decide either—
(a) to refuse the application; or
(b) to grant the applicant a licence on terms and conditions specified under Article
7(b) and (c) of this Order such that under the licence the applicant will not
be able to operate the premises as a parking place to such advantage or potential
advantage as immediately before he made his application,
paragraph 22 of this Schedule shall apply to that decision of the local authority.
20. Where—
(a) at the date when notice of a proposal to make regulations under this Order
designating an area as a controlled area is published by the county council under
paragraph 1 of this Schedule—
(i) planning permission has been granted for a development which consists of or
includes the provision at any premises in that area of a public off-street parking
place; and
(ii) that development involves substantial building or engineering operations
within the meaning of section 290(1) of the Town and Country Planning Act 1971;
and
(iii) either one or more specified operations within the meaning of section 43(2)
of the said Act of 1971 comprised in that development have begun to be carried
out or a contract (other than a lease) has been entered into with a person carrying
on a business consisting wholly or mainly of the execution of building operations
or of building operations and engineering operations whereby that person has undertaken
to erect in the course of that business at the said premises a building or structure
as a place for the provision of parking spaces for motor vehicles; and
(b) at the date when the area is designated as a controlled area in pursuance
of that proposal those premises have not been in use as such a parking place to
the full extent provided for by the planning permission for a continuous period
of not less than six months; and
(c) the person operating or proposing to operate those premises as such a parking
place duly makes application to the local authority for a licence in respect of
those premises before the expiration of the period prescribed for such applications
in respect of parking places in operation at the date referred to in sub-paragraph
(b) of this paragraph; and
(d) the local authority decide either—
(i) to refuse the application; or
(ii) to grant the applicant a licence on terms and conditions specified under
Article 7(b) and (c) of this Order such that under the licence the applicant will
not be able to operate the premises as such a parking place to such advantage
or potential advantage as if the area had not been designated as a controlled
area,
paragraph 22 of this Schedule shall apply to that decision of the local authority—
21. Paragraph 22 of this Schedule shall apply to any decision of the local authority—
(a) to revoke a permanent licence under paragraph 8 of this Schedule; or
(b) to vary under the said paragraph 8 any of the terms and conditions specified
in a permanent licence under the said Article 7(b) and (c) in such manner that
the holder of the licence will not be able to operate the licensed parking place
to such advantage or potential advantage as if the variation had not been made;
or
(c) to refuse an application by the holder of a permanent licence for a specified
variation of the terms and conditions specified under the said Article 7(b) and
(c) in a case where—
(i) by reason of a happening beyond the control of the holder of the licence he
cannot continue to operate the licensed parking place in accordance with the licence
as for the time being in force to such advantage or potential advantage as before
that happening; and
(ii) the making of that variation would wholly or partly mitigate the adverse
effects of that happening without enabling the holder of the licence to operate
the licensed parking place to greater advantage or potential advantage than before
that happening.
22.—(1) If, on a claim made to the local authority in writing within the period
of six months or such longer period as may be allowed under sub-paragraph (2)
of this paragraph beginning with the date when the person who is, or who proposes
to become, the operator of a public off-street parking place is, or is deemed
under paragraph 14(2) of this Schedule to have been, notified of a decision of
the local authority under any provision of this Order relating to that parking
place, that person or any other person entitled to an interest in the premises
used or proposed to be used for the purposes of that parking place shows that
the decision is one to which, under paragraph 19, 20 or 21 of this Schedule, this
paragraph is to apply and that the claimant has suffered damage in consequence
of that decision of those premises, the local authority shall pay the claimant
compensation in respect of that damage.
(2) If within the period of six months referred to in sub-paragraph (1) of this
paragraph any such person as is referred to in that sub-paragraph has made an
application to the Secretary of State for that purpose and has given notice to
the local authority of the making of that application, the Secretary of State
may, if he thinks fit in the circumstances of the case, direct that the said sub-paragraph
(1) shall apply in relation to the decision in question as if for the reference
in that sub-paragraph to six months there were substituted a reference to such
longer period as the Secretary of State thinks fit.
(3) For the purpose of determining whether or not a claimant has suffered such
damage as aforesaid, there shall be taken into account any alternative use to
which the premises aforesaid could reasonably be put, being a use in the case
of which the local authority show either—
(a) that any necessary planning permission, whether conditional or unconditional,
for that use has already been granted; or
(b) that the local planning authority have given an undertaking that if planning
permission for that use is applied for it will be granted either unconditionally
or subject to specified conditions;
and in a case where this paragraph applies by virtue of paragraph 21(c) of this
Schedule there shall also be taken into account any alternative variation to that
applied for by the holder of the licence in question which the local authority
have undertaken to grant on an application being made for that purpose.
(4) Section 178 of the Town and Country Planning Act 1971 shall apply to any compensation
payable under sub-paragraph (1) of this paragraph in respect of depreciation of
the value of a claimant's interest in the premises aforesaid; and any question
as to the right to, or the amount of, compensation under the said sub-paragraph
(1) shall be referred to and determined by the Lands Tribunal, and in relation
to the determination of any such question the provisions of sections 2 and 4 of
the Land Compensation Act 1961 shall apply subject to any necessary modifications.
(5) Where compensation has become payable under sub-paragraph (1) of this paragraph
in respect of an interest in any premises and subsequently an order with respect
to the use of those premises as a parking place is made under section 45 or section
51 of the said Act of 1971, the amount of that compensation shall be taken into
account in assessing any compensation on a claim by reason of expenditure, loss
or damage in consequence of that order made in respect of that interest under
section 164 or, as the case may be, section 170 of that Act.
(6) Where any expenses are incurred by a local authority in the payment of compensation
under sub-paragraph (1) of this paragraph in consequence of a decision of theirs,
then, if or to any extent to which it appears to the Secretary of State that the
decision was attributable to regulations made by the county council under Article
4 of this Order, the Secretary of State may, if it appears to him to be expedient
to do so, require the county council to contribute towards those expenses such
sum as appears to him to be reasonable.
23. Where notice of appeal from any such decision of the local authority as is
referred to in paragraph 19, 20 or 21 of this Schedule has been duly given under
Part III of this Schedule—
(a) paragraph 22 of this Schedule shall not have effect in relation to that decision
until that appeal is determined or abandoned;
(b) the person who is, or who proposes to become, the operator of a public off-street
parking place at the premises to which the decision relates shall be deemed for
the purposes of the said paragraph 22 to have been notified of the local authority's
decision on the date when the appeal is determined or abandoned; and
(c) if on that appeal the Secretary of State substitutes a different decision
for that of the local authority, the local authority shall be deemed for the purposes
of the said paragraph 22 to have made that substituted decision and not their
original decision
24. Where, in the case of a decision of the local authority relating to any premises,
paragraph 22 of this Schedule applies to that decision both by virtue of paragraph
19 and by virtue of paragraph 20 of this Schedule, then—
(a) upon the person who is, or who proposes to become, the operator of a public
off-street parking place at those premises making a claim in respect of that decision
under the said paragraph 22 by virtue of either of the said paragraphs 19 and
20, any subsequent claim in respect thereof by that person by virtue of the other
of those paragraphs, and any claim in respect thereof made whether before or after
that person's claim by any other person by virtue of the other of those paragraphs,
shall be of no effect; and
(b) subject to the foregoing sub-paragraph, if a claim in respect of that decision
is made under the said paragraph 22 by any person by virtue of either of the said
paragraphs 19 and 20 any subsequent claim in respect thereof by virtue of the
other of those paragraphs shall be of no effect.
PART
V
Permissible periods of unlicensed operation of parking place
|
25. Where, at the
date when any area first becomes a controlled area, a person is operating a public
off-street parking place in that area, he shall not be guilty of an offence under
Article 14 of this Order by reason of continuing to operate the parking place
after that date without a licence—
(a) at any time before the expiration of the period prescribed for the making
of applications for licences in respect of parking places in operation at that
date; or
(b) if during that period he duly makes an application for a licence in respect
of the parking place, at any time before the expiration of that period but before
the local authority notify him either that he has been granted a licence or that
his application is refused; or
(c) if the local authority notify him that his application is refused, at any
time thereafter before the expiration of the time for giving notice of appeal
from that decision under Part III of this Schedule; or
(d) if such a notice of appeal is duly given, at any time thereafter until either
the local authority's decision becomes finally effective under the procedure provided
for by the said Part III or the licence is granted.
26. Where in pursuance of the application referred to in sub-paragraph (b) of
paragraph 25 of this Schedule the person referred to in that paragraph is granted
a licence, he shall not be guilty of an offence under Article 12 of this Order
by reason of contravening or failing to comply with any of the terms and conditions
specified in the licence under Article 7(b) and (c) of this Order—
(a) at any time before the expiration of the time for giving notice of appeal
under Part III of this Schedule from the decision of the local authority as to
those terms and conditions; or
(b) if such a notice of appeal is duly given, at any time thereafter until either
the local authority's decision becomes finally effective under the procedure provided
for by the said Part III or the terms and conditions specified as aforesaid in
the licence are varied as a result of that procedure.
27. Where the operator of a public off-street parking place who is the holder
of a licence in respect of that parking place granted for a limited period duly
makes an application to the local authority before the date of expiry of that
licence for a new licence (whether permanent or for a limited period) authorising
the operation of that parking place for a further period after that date, then,
if and for so long as he continues to operate that parking place after that date
in accordance with the terms and conditions of the expired licence (other than
the provision as to its date of expiry)—
(a) he shall not be guilty of an offence under the said Article 14 by reason of
operating the parking place after the date aforesaid without a licence—
(i) at any time before the local authority notify him either that he has been
granted a new licence in respect of the parking place or that his application
is refused; or
(ii) if the local authority notify him that his application is refused, at any
time thereafter before the expiration of the period for giving notice of appeal
from that decision under Part III of this Schedule; or
(iii) if such a notice of appeal is duly given, at any time thereafter until either
the local authority's decision becomes finally effective under the procedure provided
for by the said Part III or a new licence is granted;
(b) where he is granted a new licence in pursuance of the application aforesaid,
he shall not be guilty of an offence under Article 12 of this Order by reason
of contravening or failing to comply with any of the terms and conditions specified
in that new licence under Article 7(b) and (c) of this Order—
(i) at any time before the expiration of the time for giving notice of appeal
under Part III of this Schedule from the decision of the local authority as to
those terms and conditions; or
(ii) if such a notice of appeal is duly given, at any time thereafter until either
the local authority's decision becomes finally effective under the procedure provided
for by the said Part III or the terms and conditions specified as aforesaid in
the new licence are varied as a result of that procedure.
|
