D58-2931 - Penywern Road, Neath
Disabled Residents Parking Places Order 2022
NOTICE is given that the Council on the 17th November 2022 made an Order in pursuance of its powers as contained in the Road Traffic Regulation Act 1984 the effect of which is as set out in the Schedule below.
A copy of the Order can be inspected on the Council’s Internet Website
The Order will come into force on the 28th November 2022.
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.
Disabled Residents Permit Holders Only
- 7 Penywern Road, Bryncoch, Neath – North East Side
From a point approximately 81 metres north west of its junction with Cadoxton Road, Neath for a distance of approximately 6 metres in a north westerly direction.
DATED 23rd NOVEMBER 2022
M C GRIFFITHS
HEAD OF LEGAL & DEMOCRATIC SERVICES
The Neath Port Talbot County Borough Council in exercise of their powers under Section 45 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:-
- This Order shall come into operation on the 28th day of November 2022 and may be cited as the “Neath Port Talbot County Borough Council (Penywern Road, Bryncoch, Neath) (Disabled Residents Parking Places) Order 2022”.
- In this Order –
- Disabled 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 of a vehicle displaying on or beneath the front windscreen of the vehicle a valid Disabled Residents Parking Place Permit issued in respect of that particular parking place.
- “Disabled 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 permit in accordance with the Council’s policy for the issue of such permits as may be determined from time to time.
- Each length of highway referred to in the Schedule to this Order and bounded on one side by the edge of the carriageway and on the other side by a broken white line on the carriageway is designated as a Parking Place for the purpose of this Order
- “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.
- 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.
- The Interpretation Act 1978 shall apply for the interpretation of this Order as it applies for the Interpretation of an Act of Parliament.
- Disabled Residents Parking Places
- Except as provided by Articles 5, 6 and 3(2) of this Order or upon the direction of a Police Constable in uniform or a Parking Attendant no person shall cause or permit any vehicle to park in the Parking Places designated by the Schedule to this Order.
- The provisions of Article 3(1) to this Order shall not apply to the holder of a Permit when parking a vehicle in a Parking Place as described in the Schedule to this Order and the vehicle is displaying a valid Permit on or beneath the front windscreen of that vehicle in such a position that the front of the Permit and the written details thereon are clearly visible from outside the vehicle.
- Regulation of Parking Place
- The holder of a Permit shall not park in any Parking Place other than in the Parking Place specified on the Permit;
- Where a Police Constable in uniform or a Parking Attendant is of the opinion that the provisions contained in Article 3(1) 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;
- 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;
- The Permit shall be valid only for the Parking Place in respect of which it is issued;
- 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: -
- for the purposes of facilitating the movement of traffic or promoting its safety
- for the purposes or 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 or apparatus for the supply of gas, water or electricity or of any telegraphic line or the placing, maintenance or removal of any traffic sign;
- 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;
- on any occasion on which it is likely by reason of some special attraction that any streets will be thronged or obstructed;
- for the convenience of occupiers of premises adjacent to the Parking Place at times of weddings or funerals
Any person or Police Constable in uniform or 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.
C. No person shall cause or permit any vehicle to wait in any part of the Parking Place during such period as there is in or adjacent to that part of the Parking Place a traffic sign placed in pursuance of Paragraph 4B of this Article. Provided that nothing in this Article shall apply:-
- 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;
- 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.
D. Nothing in Article 3(1) shall apply to: -
- 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”;
- a maximum of two vehicles being used in connection with a wedding;
- vehicles being used for building and maintenance purposes in properties adjacent to the Parking Place;
- 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;
- 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 in respect of any Permit issued by them as they may reasonably require to verify that the Permit is valid;
- No person shall be entitled to hold a Permit for more than one vehicle at any one time;
- 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 of the following events: -
- the permit holder ceasing to be a resident in the street for which the Permit was issued;
- the issue by the Council of a duplicate Permit;
- the expiry of the Permit pursuant to paragraph E(iv) of this article;
- the withdrawal of the Permit by the Council
- 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 E (iii) of this Article whichever is the earlier.
- 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 E (iii) 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.
- Permit shall be in writing and shall include the following particulars:
- the expiry date of the Permit pursuant to paragraph E(iv) of this Article.
- an indication that the Permit was issued by the Council;
- the address at which the applicant resides.
5. Nothing in Article 3(1) of this Order shall render it unlawful to cause or permit any vehicle to wait in the Parking Place specified therein for as 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;
- The vehicle to take in petrol, oil, water or air from any garage situated on or adjacent to the said length of road.
- The prohibitions imposed by Article 5 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.
D58-2931 - 7 Penywern Road, Bryncoch, Neath (JPG 572 KB)
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