Essex County Council

Braintree District Council Public Path Diversion Order 2017

In The District of Braintree Notice of Confirmation of an Order Town & Country Planning Act 1990 - Section 257 Footpath 22 Gosfield

The above Order confirmed by Braintree District Council on 14th July, 2017, will divert a part length of public Footpath 22 in the parish of Gosfield. Braintree District Council granted Planning permission at Gosfield Lake Park Homes to construct new homes which necessitated the re-routing of the footpath.

A part length of Footpath 22 Gosfield commencing from where it connects to Park Hall Road at grid reference 57765,22924 and running in a south-easterly direction across the access road to Gosfield lake Park Homes for a distance of 99 metres to grid reference 57774,22921 where it connects with Footpath 15 Gosfield will be diverted to a new route commencing from where it connects to Park Hall Road at grid reference 57767,22926 and running in a south easterly direction along the access drive and then through a gap in the fencing and in a north-easterly direction via wooden steps up the bank, for a distance of 33 metres to grid reference 57770,22927 where it connects to the aforementioned Footpath 15 Gosfield.

A copy of the Order and Order Map have been placed in and may be seen free of charge at Braintree District Council Offices and at the Chelmsford Public Library, Market Road, Chelmsford during normal working hours. Copies of the Order and Order map are available on request from the Chelmsford Library at a charge.

The new paths will come into effect on the date on which Essex County Council certify that the terms of the Order have been complied with. However, if any person aggrieved by the order, wants to question its validity, or that of any provision contained in it, on the ground that it is not within the powers of the Highways Act 1980, as amended, or on the ground that any requirement of the Act, as amended, or of any regulation made under the Act has not been complied with in relation to the Orders, he or she may, under paragraph 2 of Schedule 2 to the Act as applied by paragraph 5 of Schedule 6 to the Act, within 6 weeks from the date of this Notice, make an application to the High

Court.

County Hall, Market Road Chelmsford, Essex CM1 1QH

Insert Citation

"Traders Permit"

Insert new interpretation

"Traders Permit" means a parking permit for the benefit of bona fide traders with premises in the Braintree District to allow the authorised use of a permit parking bay between 8am and 5pm Monday to Saturday

"Trader" means any tradesperson or business engaged in an activity that requires a vehicle for the purpose of carrying of tools, goods or materials to a number of different locations within a Permit Parking Place/Area or Zone

"Professional Carer" means a person who is employed professionally to provide medicinal or clinical care regularly away from their usual place of work to individuals in their home.

In respect of that vehicle, for the leaving of said vehicle during the hours of 8am to 5pm in any permit place, permit parking area, or shared use (permit and free limited waiting) area

9 -To insert into Part III, 17 (B) of 'the 2008 Order' A "Carer" may apply:



(i) To the Council for a Hard Copy Professional Carer's permit



(ii) To the Service Provider for the granting of a virtual Professional Carer's Permit



In respect of that vehicle, for the leaving of said vehicle during the permitted hours in any permit place or permit parking area.

10 - To insert into Part III, 17 (C) of 'the 2008 Order' A "Trader" may apply



(i) To the Council for a Hard Copy Traders Permit



(ii) To the Service Provider for the granting of a virtual Traders Permit



In respect of that vehicle, for the leaving of said vehicle during the hours of 8am to 5pm Monday to Saturday in any permit place, permit parking area, or shared use (permit and free limited waiting) area.

11 - To insert into Part III, 17 (D) of 'the 2008 Order' A qualifying resident may apply:



(i) To the Council for a Hard Copy Household Permit



(ii) To the Service Provider for the granting of a virtual Household Permit



In respect of a vehicle, for the leaving of said vehicle during the permitted hours in a permit parking place, permit parking area or shared use (permit and free limited waiting) parking place to which such permit relates.

12 - To insert into Part III, 17 (E) of 'the 2008 Order'



A local authority officer or contracted service provider may apply:

(i) To the Council for a Hard Copy Partnership Permit



(ii) To the Service Provider for the granting of a virtual Partnership Permit



In respect of a vehicle, for the leaving of said vehicle during the permitted hours in a permit parking place, permit parking area or shared use (permit and free limited waiting) parking place to which such permit relates

13 - Delete Part III, article 27 of 'the 2008 Order' and replace with



27 (A) A Hard copy resident permit shall be produced by The council only and shall contain the following details:

(a) The registration mark of the Vehicle



(b) The expiry date of the Resident Permit



(c) The Zone to which the Resident Permit relates



(d) An authentication that it has been issued by The Council



14 - Insert into Part III, article 27 (B) of 'the 2008 Order'



27 (B) A virtual permit may be issued on behalf of The Council by an appointed Service Provider

15 - Delete Part III article 29 of 'the 2008 Order' and replace with



29 (A) A Hard Copy Visitors Permit shall be produced by The Council only and shall make provision for the following details, which shall be entered by the Qualifying Resident or the Driver of the Vehicle:

(a) The Date and time at which the Vehicle was left in a Parking Place



(b) The registration mark of the Vehicle



29 (B) A virtual visitor permit may be issued on behalf of The Council by an appointed Service Provider

16 - Delete Part III article 39 of 'the 2008 Order' and replace with



39. Each valid Visitor Permit shall enable the Driver of a Vehicle who is the bona fide visitor of a Qualifying Resident to leave their vehicle in a Parking Place specified in the plans for either 6 hours or 24 hours depending on whether a 6 hour or 24 hour visitor permit has been purchased

17 - Delete Part III, 46 of 'the 2008 Order'.



18 - Insert into Part III, article 65



The Penalty Charge shall be paid to The Council in accordance with the instructions contained on the Penalty Charge Notice

19 - Delete Part III article 31 of 'the 2008 Order' and replace with



A Hard Copy Visitor Permit is only valid for 24 hours from the time of arrival as recorded by the driver on the visitor permit. If no time is recorded or is not visible on the visitors permit when it is checked by a Civil Enforcement Officer the permit will not be valid. The Visitor Permit will not be valid if the address of vehicle registration box is not completed.

This Order will be incorporated into The Essex County Council (Braintree District) (Permitted Parking Area and Special Parking Area) (Consolidation) Order 2008

Date of Operation: The Order will come into operation on 7 August 2017

Further Details: A copy of the Order and plans may be examined during normal office hours at County Hall, Chelmsford, CM1 1LX

Application to the High Court: Anyone who wishes to question the validity of the Order of any provision contained in it on the grounds that it is not within the powers conferred by the Road Traffic Regulation Act 1984 or on the grounds that any requirement of the Act, or any instrument made under it, has not been complied with in relation to the Order, may within six weeks from the date of making of the Order apply to the High Court for this purpose.

Richard Walker, Parking Partnership Group Manager, Colchester Borough Council Rowan House 33 Sheepen Road

Colchester, CO3 3WG

"Trader"

"Professional Carer"

"Professional Carers Permit"

"Professional Carers Permit" means a permit issued by The Council to a Professional Carer under the

"Carer"

provisions of part III of this order.


"Carer" means a person who provides care on a non-


Carer's Permit

professional basis to a resident whose normal place of abode is within a Resident Permit Parking and who needs to be cared for by virtue of physical or mental infirmity

"Carer's Permit" means a discretionary permit issued


Household Permit

by The Council to a Carer under the provisions of Part III of the Order. Carer's permits may be issued on approval by the North Essex Parking Partnerships Group Manager

"Household Permit" means a discretionary permit issued to a qualifying resident to allow the authorised

use of a permit parking place or permit parking area during the operational times. The North Essex Parking Partnership Group Manager may, in the exercise of their unfettered discretion, allow up to three Household permits to be issued to one dwelling

"Parking

Partnership

Permit"

"Parking Partnership Permit" means a permit issued to a local authority officer or contracted service provider to allow parking in a parking place, permit

parking area or shared use bay (limited waiting and free permit) to during the course of their duties. An administration charge may apply to the issue of these permits as considered appropriate by the North Essex Parking Partnership's Joint Committee

(Braintree District) (Permitted Parking Area and Special Parking Area) (Amendment No.67) Order 2017

Notice is hereby given Colchester Borough Council acting on behalf of the North Essex Parking Partnership in exercise of the delegated powers of the traffic authority Essex County Council granted under an Agreement dated 31 March 2011 has made the above Order under Sections 1(1), 2(1) to (3), 4 (1), 4(2), 32, 35,45,46,49 and 53 and Parts III and IV of schedule 9 of the Road Traffic Regulation Act 1984.

Effect of the Order

To introduce Business Waiver Certificates, discretionary permits and 6 hour virtual resident permits and carer permits, household permits, parking partnership permits, trader permits and discretionary resident permits. Amendments also made to The Essex County Council (Braintree District) (Permitted Parking Area & Special Parking Area) Order 2008 ('the 2008 Order') to remove obsolete definitions and further clarify some existing restrictions

Hard copy permit

"Hard Copy Permit" means a Hard Copy Resident's permit, a Hard Copy visitor permit, a Hard Copy

"Service Provider"

Business Permit, a hard copy Carers Permit, a hard copy Professional Carers permit, a hard copy Household permit or a hard copy Parking Partnership Permit"

"Service provider" means the contractor authorised by the council to accept payment of the parking charge

"telephone or electronic payment system"

on its behalf and to keep a record of that parking payment charge and the vehicle, parking place and parking period in respect of which payment has been made using the telephone or electronic payment system

"telephone or electronic payment system" means an electronic system, using a telephone connection or electronic application set up and maintained by the service provider whereby:

(a) the driver of a vehicle, or some other person authorised by that driver on their behalf, uses a telephone or electronic device to communicate with the service provider and make payment of the parking charge in respect of a specified vehicle and parking place in which the vehicle is left and for a specified parking period by use of a credit or debit card; and



(b) the service provider, on behalf of the Council, accepts payment of the parking charge by the method referred to in paragraph (a) of this definition and records such payment together with the parking period for which payment has been made, the parking place in which the vehicle is left and the registration mark of the vehicle in respect of which payment has been made



1 -To introduce to Schedule 1

Schedule of Fees and Charges of 'the

2008 Order'

Period Valid

Charge

Book of ten 6 hour virtual

£6.00

visitor permits

12 months

£300.00

12 months

£30.00

12 months

£30.00

12 months

£30.00

12 months

£90.00

Item

Visitor Permits

Traders Permit Carer's Permit Professional Carers Permit

Household Permit Discretionary Resident Permit

"Virtual Permit"

"means a virtual Resident's permit, a virtual visitor


"Virtual permit

Holder"

"Discretionary

Resident

permit"

permit a virtual Business Permit, a virtual Carer's Permit or a virtual professional carers permit"

2 - To Delete from Schedule 1

2008 Order'

Schedule of Fees and Charges 'the

"means a person or company/organisation to who virtual permit has been issued in accordance with the provisions of the order"

"Discretionary resident permit" means an additional permit issued to a property in a residential permit area. Discretionary resident permits will be issued in

Item Period Valid



Third Resident Permit Third permit issued to the same postal addess as the first and second Permits Fourth Resident Fourth permit issued to the



Permit same address as the first,



second and third permits

Charge

£80.00

£125.00

exceptional circumstances where more than two resident permits are considered necessary. Discretionary resident permits may be issued on approval by the North Essex Parking Partnerships Group Manager and will be charged at 50% more than a second resident permit

7 - To insert into Part III, 53 (J) of 'the 2008 Order'

Nothing in this Order shall render it unlawful to cause or permit a

disabled person's vehicle, which displays in the relevant position a

valid and legible disabled person's badge and a parking disc to park in

a Parking Place or Parking Area

8. To insert into Part III, 17 (A) of 'the 2008 Order'

A "Professional Carer" may apply:

(i) To the Council for a Hard Copy Professional Carer's permit



(ii) To the Service Provider for the granting of a virtual Professional Carer's Permit



4 - To Delete from Schedule 1 - Schedule of Fees and Charges of 'the



2008 Order'

"If Braintree District Council is satisfied that the Qualifying Resident is a person who qualifies for its concessionary Travel Scheme or holds a Disabled Persons Badge then no fee shall be payable for a Permit."

5 - To Introduce to Schedule 1 - Schedule of Fees and Charges of 'the



2008 Order'

"If The Council is satisfied that the Qualifying Resident holds a Disabled Persons Badge then no fee shall be payable for a Permit."

6 - To introduce to Part 1, 2 (Citation and Interpretation) of 'the 2008



Order'