D58-2869 - Oakwood Street, Port Talbot

(Revocation)(Prohibition of waiting at any time)(Prohibition of waiting, loading or unloading at any time)(Prohibition of waiting Monday-Saturday 8am-6pm)

and

Resident Permit Holders Order 2023

NOTICE is given that the Council on the 6th March 2023 made an Order in pursuance of its powers as contained in Sections 1, 2, 32, 45, 46, 53 and Part IV of Schedule 9 of the Road Traffic Regulation Act 1984 the effect of which is as set out in the Schedules below.

A copy of the Order can be inspected on the Council’s Internet Website

If any person wishes to question the validity of the Order or of any of its powers on the grounds that it or they are not within the powers conferred by the Act or that any requirements of the Act or of any instrument made under the Act has not been complied with, that person may, within 6 weeks from the date on which the Order is made, apply for that purpose to the High Court.​

Schedules

Schedule 1 - Revocation

• To revoke all waiting, loading or unloading orders in respect of the lengths and sides of roads set out in the Schedules to this Order.

Schedule 2 - Prohibition of waiting at any time

• Oakwood Street (South East Side)
  From its junction with Grove Place for a distance of approximately 6 metres in a north easterly direction.
• Oakwood Street (South East Side)
  From its junction with Oakwood Place for a distance of approximately 8 metres in a south westerly direction.
• Oakwood Street (North West Side)
  From its junction with Forge Road for a distance of approximately 10 metres in a south westerly direction.
• Oakwood Street (North West Side)
  From a point approximately 226 metres north east of its junction with Grove Place for a distance of approximately 10 metres in a north easterly direction.
• Crown Street (North East Side)
  From its junction with Oakwood Street for a distance of approximately 5 metres in a north westerly direction.

Schedule 3 - Prohibition of waiting, loading or unloading at any time

• Oakwood Street (North West Side)
  From a point approximately 122 metres north east of its junction with Grove Place for a distance of approximately 15 metres in a north easterly direction.

Schedule 4 - Prohibition of waiting, Monday to Saturday, 8am to 6pm

• Oakwood Street (South East Side)
  From a point approximately 78 metres north east of its junction with Grove Place for a distance of approximately 39 metres in a north easterly direction.
• Oakwood Street (South East Side)
  From a point approximately 208 metres north east of its junction with Grove Place for a distance of approximately 30 metres in a north easterly direction.
• Oakwood Street (North West Side)
  From its junction with Grove Place for a distance of approximately 90 metres in a north easterly direction.
• Oakwood Street (North West Side)
  From a point approximately 137 metres north east of its junction with Grove Place for a distance of approximately 75 metres in a north easterly direction.
• Oakwood Street (North West Side)
  From a point approximately 258 metres north east of its junction with Grove Place for a distance of approximately 43 metres in a north easterly direction.

Schedule 5 - Residents Parking Only

• Oakwood Street (South East Side)
  From a point approximately 6 metres north east of its junction with Grove Place for a distance of approximately 73 metres in a north easterly direction.
• Oakwood Street (South East Side)
  From a point approximately 150 metres north east of its junction with Grove Place for a distance of approximately 58 metres in a north easterly direction.
• Oakwood Street (South East Side)
  From a point approximately 238 metres north east of its junction with Grove Place for a distance of approximately 62 metres in a north easterly direction.

DATED 9th MARCH 2023
M C GRIFFITHS
HEAD OF LEGAL & DEMOCRATIC SERVICES

The Neath Port Talbot County Borough Council in exercise of its powers under Sections 1, 2, 45, 46 and Part IV of Schedule 9 of the Road Traffic Regulation Act 1984 (hereinafter referred to as “the Act of 1984”) and of all other powers them enabling and after consultation with the Chief Officer of Police in accordance with Part III of Schedule 9 of the Act of 1984 hereby make the following Order:-

1. This Order shall come into force on the 13th day of March 2023 and may be cited as the “Neath Port Talbot County Borough Council Oakwood Street, Port Talbot)(Revocation) (Prohibition of Waiting at Any Time) (Prohibition of Waiting, Loading or Unloading at Any Time) (Prohibition of Waiting Mon to Sat 8am to 6pm) (Limited Waiting) and (Resident Permit Holders) Order 2023”.
2. (1) In this Order –
   • “Disabled Person’s Vehicle” has the same meaning as in The Local Authorities’ Traffic Orders (Exemptions for Disabled Persons) (Wales) (Amended) Regulations 2000;
   • “Disabled Persons Badge” has the same meaning as in The Disabled Persons (Badges for Motor Vehicles) (Wales) (Amended) Regulations 2000;
   • “Parking Disc” means a parking disc issued by a Local Authority, capable of showing the quarter hour period during which a period of waiting begins;
   • “Relevant Position” has the same meaning as in The Disabled Persons (Badges for Motor Vehicles) (Wales) (Amended) Regulations 2000;
   • “Public Service Vehicle” shall have the same meaning as in Section 1 of the Public Passenger Vehicles Act 1981 and “local service” shall have the same meaning as in Section 1 of the Transport Act 1985;
   • “Universal Providers” means those operators of postal services who are licensed to provide all or part of a Universal Postal Service under the provisions contained in the Postal Services Act 2000. 
   • “Residents Parking Place” (hereinafter referred to as a “Parking Place”) means an area of highway designated as a Parking Place by this Order for the use only of vehicles displaying on the front or nearside of the vehicle a valid Residents Parking Place Permit.
   • “Residents Parking Place Permit” (hereinafter referred to as a “Permit”) means a Permit issued by the Council for a period of up to 12 months to a person who has satisfied the Council as being entitled to the issue of a Residents Parking Place Permit in accordance with the Council’s policy as may be determined from time to time;
   • Each area on a highway referred to in Schedule 4 to this Order and bounded on one side by the edge of the carriageway and on the other by a broken white line is designated as a Parking Place.

           (2) Except where otherwise stated, any reference in this Order to a numbered Article or  Schedule is a reference to the Article or Schedule bearing that number in this Order.

           (3) The Interpretation Act 1978 shall apply for the interpretation of this Order as it applies for the  Interpretation of an Act of Parliament.

3. Any existing waiting, loading or unloading Orders are hereby revoked only in so far as they relate to the sides of lengths of roads as set out in the Schedules of this Order.
4. Save as provided in Articles 10, 11, 12 and 13 of this Order, no person except on the direction of a Police Constable in uniform or a Parking Attendant shall cause or permit any vehicle to wait at any time on the lengths of sides of roads set out in Schedule 1 of this Order.
5. Save as provided in Articles 11 and 12 of this Order, no person except on the direction of a Police Constable in uniform or a Parking Attendant shall cause or permit any vehicle to wait, load or unload at any time on the lengths of sides of roads set out in Schedule 2 of this Order.
6. Save as provided in Articles 10, 11, 12 and 13 of this Order no person except on the direction of a Police Constable in uniform or of a Parking Attendant shall cause or permit any vehicle to wait between the hours of 8.00am and 6.00pm, Monday to Saturday on the lengths of sides of roads set out in Schedule 3 to this Order.

7. Residents Parking Place

1. Except as provided in Articles 11, 12 and 13 of this Order or upon the direction or with the permission of a Police Constable in uniform or a Parking Attendant no person shall cause or permit any vehicle to park in a Parking Place designated by Schedule 4 to this Order.
2. The provisions of Article 7 (1) to this Order shall not apply to the holder of a Permit when parking a vehicle in a Parking Place as described in Schedule 4 to this Order and the vehicle is displaying a valid parking Permit (on the front or nearside of the vehicle).

8. Regulation of a Parking Place

1. The holder of a Permit shall not park in any Parking Place other than in the street named on the Permit.
2. Where a Police Constable in uniform or a Parking Attendant is of the opinion that the provisions contained in Article 8(i) of this Order have been contravened he may remove or cause to be removed the vehicle from the Parking Place and where it is so removed shall provide for the safe custody of the vehicle.
3. a Police Constable in uniform or a Parking Attendant may move or cause to be moved in the case of emergency to any place he thinks fit any vehicle left in the Parking Place;
4. the Permit shall be valid only for the vehicle in respect of which it is issued and no permit holder shall cause or permit any Permit issued to him by the Council to be displayed on any vehicle bearing a different registration number to that contained on that Permit;
5. every vehicle in the Parking Place shall stop so that every part of the vehicle is within the limits of the Parking Place.

• • A Police Constable in uniform or a Parking Attendant or a person duly authorised by the Council may suspend the use of the Parking Place or any
    part thereof whenever he considers such suspension is reasonably necessary:
    • (i) for the purpose of facilitating the movement of traffic or promoting its safety;
    • (ii) for the purpose of any building operation, the maintenance, improvement or reconstruction of the highway, or the cleansing of gullies in or adjacent to the Parking Place, the laying, erection, alteration or repair in or adjacent to the Parking Place of any sewer or of any main pipe apparatus for the supply of gas, water or electricity or of any telegraphic line or the placing maintenance or removal of any traffic sign;
    • (iii) for the convenience of occupiers of premises adjacent to the Parking Place on any occasion of the delivery or removal of furniture to or from any office or dwelling house adjacent to the Parking Place;
    • (iv) on any occasion on which it is likely by reason of some special attraction that any streets will be thronged or obstructed;
    • (v) for the convenience of occupiers of premises adjacent to the Parking Place at times of weddings or funerals;
    • (vi) any person or Police Constable in uniform or a Parking Attendant suspending the use of the Parking Place or any part thereof, in accordance with the provisions of this Article shall thereupon place or cause to be placed in that Parking Place or as the case may be that part thereof the use of which is suspended a traffic sign of any size, colour and type prescribed or authorised under Section 64 of the Act of 1984 indicating that the waiting by vehicles is prohibited.

• • No person shall cause or permit any vehicle to park in any part of the Parking Place during such period as there is in or adjacent to that Parking Place a traffic sign placed in pursuance of paragraph B (vi) of this Article.
    Provided that nothing in this Article shall apply:
    • (i) in respect of any vehicle being used for fire brigade, ambulance or police purposes or any vehicle which is waiting for any other reason specified in this Order;
    • (ii) to anything done with the permission of a Police Constable in uniform, Parking Attendant or the person suspending the use of the Parking Place or part thereof in pursuance of this Order;

• • Nothing in Article 7(1) of this Order shall apply to:
    • (a) legally qualified medical practitioners as defined in Section 52 of the Medical Act 1956, community nurses or registered veterinary surgeons while visiting premises adjacent to the Parking Place provided that the vehicle is displaying an appropriate worded notice to the effect that it is being used “on call”;
    • (b) a maximum of two vehicles being used in connection with a wedding;
    • (c) vehicles being used for building and maintenance purposes in properties adjacent to a Parking Place;
    • (d) to enable any hearse or any vehicle owned by a funeral director or owner of funeral vehicles to be used as part of a funeral cortege or otherwise in connection with a funeral;
    • (e) to enable Support Officers of a bona fide care organisation to park in the Parking Place whilst visiting a Community Care dwelling in pursuit of their duties, providing the special permit issued by the Council is displayed in the correct position on the front windscreen of their vehicle.

9. Permits

1. The Council may at any time require an applicant for a Permit or the holder of a Permit to produce to an Officer of the Council such evidence in respect of an application for a Permit made to them as they may reasonably require to verify any particulars or information given to them or in respect of any Permit issued by them as they may reasonably require to verify that the Permit is valid;
2. (ii) on receipt of an application for a Permit the Council upon being satisfied that:
   • (a) the applicant is a person who resides in a road referred to in Schedule 3 to this Order or is a person who falls within the categories of persons eligible for the granting of a Permit as may be determined from time to time by the Council;
   • (b) the application is made in respect of an eligible vehicle as defined in paragraph (iii) of this Article;
3. shall issue to the applicant a Permit in respect of that vehicle, subject to no more than two Permits being issued in respect of any particular residence.
4. For the purposes of this Article “eligible vehicles” means:
   • (a) a passenger vehicle which is a motor vehicle constructed solely for the carriage of passengers and their effects and adapted to carry not more than twelve passengers exclusive of the driver and not drawing a trailer;
   • (b) solo motor cycle or moped;
5. (iv) (a) No person shall be entitled to hold a Permit for more than one vehicle at any time;
   (b) The permit shall be valid only for the vehicle in respect of which it is issued and no permit holder shall cause or permit any Permit issued to him by the Council to be displayed on any vehicle bearing a different registration number to that contained on that Permit.
6. A permit holder may surrender a Permit to the Council at any time and shall surrender it to the Council on the occurrence of any one of the following events:
   • (a) the permit holder ceasing to be a resident in the street for which the Permit was issued;
   • (b) save as provided in paragraph (viii)(a) of this Article the permit holder ceasing to be the owner of the vehicle in respect of which the Permit was issued;
   • (c) the vehicle in respect of which the Permit was issued being adapted or used in such a manner that it ceased to be an eligible vehicle as defined in paragraph (iii) of this Article;
   • (d) the issue by the Council of a duplicate Permit;
   • (e) the expiry of the Permit pursuant to paragraph (vi) of this Article
   • (f) the withdrawal of the Permit by the Council
7. A Permit shall cease to be valid at the expiration of the date stated thereon or on the occurrence of any of the events set out in paragraph (v) of this Article whichever is the earlier.
8. (vii) The Council may by notice in writing served on a permit holder by sending the same by recorded delivery service to the permit holder at the address shown by that person on the application for the Permit or at any other address believed to be that person’s abode withdraw a Permit if it appears to the Council that any of the events set out in paragraph (v) of this Article has occurred and the permit holder shall surrender the Permit to the Council within forty eight hours of the receipt of the aforementioned notice.
9. Permit shall be in writing and shall include the following particulars:
   • (a) the registration mark of the vehicle in respect of which the Permit was issued except when such Permit is issued to a resident whose vehicle is owned by a bona fide motor trader and in such cases the registration mark will be replaced with the words “MOTOR TRADER”;
   • b) the expiry date of the Permit pursuant to paragraph (vi) of this Article;
   • (c) an indication that the Permit was issued by the Council;
   • (d) the name of the street in which the applicant resides.
10. Nothing in Article 4 and 6 of this Order shall render it unlawful to cause or permit a disabled person’s vehicle which displays in the relevant position a disabled person’s badge and a parking disc (on which the driver or other person in charge of the vehicle, has marked the time at which the period of waiting began) to wait on the lengths of sides of roads referred to in the Article for a period not exceeding 3 hours (not being a period separated by an interval of less than 1 hour from a previous period of waiting by the same vehicle on the same length of side of road on which that vehicle had
    previously been waiting).
11. Nothing in Article 4, 5. 6 and 7(1) of this Order shall render it unlawful to cause or permit any vehicle to wait on the lengths of roads specified therein for so long as may be necessary to enable: -
    • A person to board or alight from a vehicle;
    • The vehicle, if it cannot conveniently be used for such purpose in any other road, to be used in connection with any of the following operations, namely: -
      • Building, industrial or demolition operations;
      • The removal of any obstruction to traffic;
      • The laying, erection, alteration or repair in or on land adjacent to the said lengths of sides of road of any sewer or any main pipe or apparatus for the supply of gas, water or electricity or any telecommunications apparatus defined in the Telecommunications Act 1984;
    • The vehicle, if it cannot conveniently be used for such purpose in any other road, to be used in the service of a Local Authority or a Water Authority in pursuance of statutory powers or duties;
    • The vehicle to be used by a Universal Service Provider for the purpose
      of delivering or collecting postal packets;
    • Public Service Vehicles operating a local service when waiting at an authorised bus stop to set down or pick up passengers, or to school buses;
    • The vehicle to take in petrol, oil, water or air from any garage situated on or adjacent to the said length of road.
12. The prohibitions imposed by Articles 4, 5, 6 and 7(1) of this Order shall not apply to Police, Fire, Ambulance or other Emergency Service vehicles or to Local Authority vehicles when in pursuance of statutory duties or powers.
13. Nothing in Article 4, 6 and 7 (1) of this Order shall render it unlawful to cause or permit any vehicle to wait on the lengths of sides of roads specified therein for so long as may be necessary to enable goods to be loaded and unloaded from the vehicle