Lendal Bridge and Coppergate – York Council stopped issuing fine notices at the end of March

Coppergate restrictions still not being enforced

ANPR fine notices issued Click to access

ANPR fine notices issued Click to access

A Freedom of Information response has revealed that the York Council stopped issuing Penalty Charge Notices (PCN) – using its ANPR camera information – on 30th March 2014.

That is a week earlier than they admitted in the media at the time.

The figures cast doubts on the claims being made by Labour Councillors early in April when they said the controversial restrictions were still being enforced.

A few days later, senior Council officials clamed that the number of notices issued had been “scaled back” but declined to say by how much or in what way.

In reality it seems that the camera enforcement was abandoned even before the Lendal Bridge restrictions were formally jettisoned on 12th April.

The situation on Coppergate appears to be different, at least in so far as the restrictions remain in place.

However no PCNs have been issued on Coppergate for over 6 weeks.

Contrary to claims made in the media (that the number of drivers ignoring the restrictions was reducing), the latest figures reveal that during March around 50 motorists a day were still being fined on Coppergate.

Things were little better on Lendal Bridge where 2135 motorists were caught on camera during March alone.

The Lendal Bridge trial closure had been due to conclude at the end of February and the Labour Council leadership was heavily criticised for not suspending camera enforcement until the results of the trial had been assessed.

In total 74,000 transgressions had been identified by the cameras before they were abandoned at the end of March.

Coppergate

Coppergate

The Council is now awaiting the results of its appeal against the Traffic Adjudicators ruling that both sets of restrictions were unlawful. If the Council fails to win, then it could face costs of over £1 million with many drivers likely to seek the return of unlawfully imposed fines.

The Appeal could take several more weeks to be concluded.

An Inquiry into the collapse of the whole project is expected to start in the summer using the Council’s “scrutiny” mechanisms.

Although the camera evidence is no longer being used on Coppergate, the restrictions there could – in theory – be enforced by a uniformed police officer.

Lendal Bridge – more facts emerge

York Council plans for use of fine income click to enlarge

York Council plans for use of fine income click to enlarge

Details of a draft report on the future of the Lendal Bridge traffic restrictions, which was written before the scheme was abandoned, reveal that Labour had intended to continue with the restrictions.

The report was substantially rewritten when it became clear that the Council had been acting unlawfully in fining over 50,000 motorists who had travelled over the bridge during restricted hours. To make that decision, the Council used an arcane interpretation of its own constitution claiming that the Council Leader “could take any decision which would normally be taken by the Cabinet“.

It is clear from the report that key background information was still not available when the Leader took his decision on 8th April.

Although draft reports are often re-written to improve clarity before they are published, there are some glaring differences and omissions from the report being considered by the Cabinet later today (Tuesday).

Reinvigorate York

The original draft claimed that

“de-trafficking of Lendal Bridge and environs also allows buses to be removed from Exhibition Square and makes it easier to deliver the Reinvigorate York scheme there”. In arguing in favour of the restrictions being made permanent the draft report goes on to say,”

The Reinvigorate York schemes proposed for Exhibition Square and Duncombe Place would be limited in scope, reducing the ability to make significant enhancements to the public realm or attract additional footfall to the city centre. Other transport aspirations could also be curtailed, in particular options for, and the operation of, a public transport interchange at the station and the ability to provide journey time and reliability improvements for public transport”.

The final report fails to mention any dependence the “reinvigorate” programme might have on the Lendal Bridge scheme.

Congestion

The final report plays down the effect that the closure has had on traffic congestion.

The original draft admitted, “During the Lendal Bridge trial additional delay and congestion has been experienced at the Water End junction. Analysis of the TrafficMaster data has identified that during the 4pm – 5pm period some journeys can experience significant extra delay”.

The draft implies criticism of the timing of the trial saying that the A59 road works had made congestion worse. The premature timing of the trail was a criticism made by many residents a year ago.

The draft report in admitting major congestion issues at Water End suggests changes to traffic signals at Salisbury Terrace. “Longer term measures are being investigated should the completion of the A59/A1237 road works not resolve the traffic issues in this location. (Cabinet Member briefing note is available and with alteration could be provided as an annex)”.

No annex was provided in the final report.

Visitor Numbers

The draft report said, “Since 2010 there has been a downward trend in footfall in the city centre, approximately 11% reduction in annual total 2010-2013 (as measured in Parliament St)”. The report was annotated to say “What is happening nationally? City centre/out of town?”

No such information is provided in the final report

Also omitted from the final report, but included in the draft, was the comment

“For most of the trial the number of PCNs being issued has remained at a relatively constant level, rather than reduce and plateau as predicted”

Costs

One of the most telling sections of the draft report (and not included in the public version) was an analysis of the increased costs that the trial had accumulated during its 7 month period of operation.

(more…)

Extent of Council confusion on Lendal Bridge revealed

Council’s legal costs total £6,900 and rising

A freedom of Information request has revealed that the amount of money spent on legal advice in connection with Lendal Bridge, following a recent adjudicator decision, is £6,900 and rising.

This is in addition to the £350,000 in capital and running cost already incurred by the Council.

Originally the Council said that the trial would cost less than £100,000 (and be paid for by appropriating monies provided by central government for improvements to public transport in the City)

If the fine income has to be repaid to drivers, then the costs of the trial will become a heavy burden on York Council Taxpayers

Lendal Bridge sign

Meanwhile the long awaited analysis of the successes and failures of the Lendal Bridge trial has been published.

The absence of the report was used by Labour at the last Council meeting on 27th March to avoid making an early decision on scrapping the restrictions. Labour subsequently wilted under sustained criticism from residents when it became clearly that nearly £2 million in fines income (Coppergate and Lendal Bridge combined) had been levied unlawfully.

It is the appeal against the adjudicator’s decision on the latter which has led to escalating legal costs.

The report makes it clear that the imperative for bringing forward the Lendal Bridge access restrictions from 2025 – the target date included in the current Local Transport Plan (LTP3) – was the Labour Councils proposal to increase the size of the City by 25% over the next 15 years. Most commentators have already condemned such growth as irresponsible with likely catastrophic consequences for the environment in general and transport systems in particular. The report says that such growth would lead to a 41% increase in traffic across the City.

The main objectives of the trial were always unclear. They are now retrospectively claimed to be to

  • reduce congestion in the city centre and on the route between the Station and Gillygate/Clarence Street in particular;
  • create a bus corridor that provides improvements in bus reliability and journey times, thus encouraging greater use of public transport and
  • Improve the public realm at the north end of the city centre by reducing the impact of traffic.
Objective Council verdict The reality
Accommodation Occupancy Levels in City Increase Hotels – not affected by the trial have also shown increased use. It is linked to an improving economy, good weather and special events held in the City. It has not been influenced by the Lendal bridge restrictions. York hotelier groups were opposed to the restrictions
Footfall (Parliament Street) Increase Footfall in Parliament Street showed a substantial fall in the early part of the trial. It recovered in the run up to Christmas. Again it reflects changing economic times. Many retailers report lower sales over the 6 month trial period. The longer term reputational damage caused by the high level of fines has yet to be felt by the City.
Parking in City Centre Car Parks Static The council is forecasting that it will have a lower income from car parking in 2013/14 than it budgeted for.
Citywide Traffic Counts Static The same amount of traffic, just using different routes.
Journey Times Increases/Decreases In the main, the mileage covered – and subsequent longer journey times for those who otherwise would have used Lendal Bridge – were significantly higher. The Council have failed to analyse this cost.
Bus Journey Times Increases/Decreases The report fails to list the journey time and passenger number impacts on a route by route basis. Without that information, no conclusions on public transport can be drawn. The Council has failed to isolate cause and effect. If bus patronage is up 7% how much of that is down to economic factors, how much to the fare/routes changes introduced in September etc.?

Even with benefit of hindsight, and manipulation data to fit a required outcome, the trial fails 2 of these 3 criteria. There was less traffic on Lendal Bridge but overall the number of car journeys was the same, congestion (which is not high between 10:30am and 5:00pm anyway) simply transferred to other roads and emissions impacted on the air quality at different locations – it did not reduce.Over 70% of respondents to the Council surveys felt that the restrictions had adversely affected them. This compares to 79% who responded to surveys in west York saying that the Lendal Bridge trial had not been successful.

The data reveals that between September and December 2013 there were 2 serious accidents on Lendal Bridge (compared to none during the same period in the previous year).

The number of “slight” accidents did however reduce.

So where now?

Labour are promoting an all party “traffic congestion Commission”. Apparently to be independently chaired, the body would be doomed before it started if it was asked to provide transport solutions for the journey demands that would be generated by a 25% increase in the City’s size.

That is mission impossible.

It is made worse by the Labour Councils reliance on the development of Green Belt land – which generally has poorer public transport options than the brownfield alternative which is closer to the City centre.

The real choice will be for residents to make at the 2015 Council elections.

The Liberal Democrats will be offering a policy of sustainable growth.

It remains to be seen what other options are tabled.

Lendal bridge figures published

The York Council has finally published the presentation which apparently led to Labour Councillors abandoning the traffic restrictions on Lendal Bridge.

click to download full presentation

click to download full presentation

The papers have crept into the daylight following a vigorous campaign by Liberal Democrats and residents for a full scrutiny review of the fiasco.

The presentation is not the final report, which is still scheduled to be considered by the Cabinet on 6th May.

However there are some glaring anomalies in the claims made by officials.

In claiming that hotel and bus use had increased, they have failed to include benchmark comparisons; preferring just to assume that any favourable trend is a result of the Lendal Bridge restrictions.

In truth the economic recovery and good weather have played a part in attracting more visitors to the City over the last few months.

& First buses claimed in September that their new fare pricing and routing policies, would attract more passengers (as appears to be the case although robust bus reliability measures are missing).

Also missing are details of the number of PCNs issued during the period between the end of the trial and the decision to abort the traffic regulation order.

Cllr Merrett sacked from transport role

Dave Merrett has been sacked from his transport responsibilities in York.

click to enlarge

click to enlarge

He has been heavily criticised for poor execution of traffic restrictions on Lendal Bridge and more recently for an email exchange, about the controversial introduction of wide area 20 mph speed limits, in which he abused Opposition Councillors.

He will retain his Cabinet pay as he takes over responsibility for environmental services. He will also be responsible for York’s Local Plan – another shambolic situation.

He is replaced by Cllr Levene who recently was forced to announce a budget overspend on ice clearance last year despite having had the mildest winter on record!

Tracey Simpson Laing is also demoted losing responsibility for health matters.

The Council Leader has said the changes have been made as he “didn’t want to lose control of the Council in the 2015 local election to a LibDem/Tory coalition” (!)

Lendal Bridge restrictions – Why no public report?

Council Forward Programme click to enlarge

Council Forward Programme click to enlarge

The Council published late yesterday their decision notice on lifting the Lendal bridge traffic restrictions. It referred to a meeting which had taken place a week earlier.

The notice that the meeting would take place was also published yesterday (which is no help for residents trying to follow the Byzantine meanderings of the Councils processes)

The Council claims that the decision was taken under “delegated powers” by the Council Leader acting alone.

The decision notice does not include any background report (which is in itself highly unusual given that the last Council meeting was prevented from discussing the issue because “all the facts weren’t available”)

The Decision has not been labelled as “key” meaning that it cannot be called in for consideration by an ”all party” committee.

However a decision on the Lendal Bridge issues was, and is, due to be made by the Cabinet on 6th May 2014.

Key decision items have to be included in what is known as the Forward Plan and an entry was made for this policy item.

It confirms that it is a “key” decision.

The Councils Monitoring Officer needs to explain these inconsistencies, and pretty quickly.

No one doubts that officers could have switched off the ANPR cameras at least when their use was found to be unlawful.

But a decision to revoke the traffic order required an approach in line with the published Forward Programme.

It is likely that the Local Government Ombudsman would take a dim view of the Councils manoeuvres.

In the meantime the Council should agree to set up a scrutiny committee to look into the irregularties.

Lendal Bridge to be reopened

Lendal bridge - always been busy at 5;00pm

Lendal bridge – always been busy at 5;00pm

No matter how much Labour may spin their decision to scrap the access restrictions on Lendal bridge they still have a lot of questions to answer.

Around 80,000 motorists want to know when their unlawfully imposed fines will now be refunded?

Residents will want to know why the ANPR cameras were not turned off at the end of the trial period (28th February) ?

Why has there has been no announcement on the future of the Coppergate restrictions?

Who will take responsibility for the mistakes?

The Lendal Bridge restrictions will be removed this weekend.

Labour Councillors have made the decision tonight based on a report that has so far not been made public.

An all party inquiry into the shambles is promised.

It is also worth remembering the warnings that were given last summer and which Labour chose to ignore.

Liberal Democrat Councillor Keith Aspden commented;

“Labour were left with no choice but to reopen Lendal Bridge after the ruling from the Government Adjudicator last week. Even so this is an embarrassing U-Turn from a Labour Cabinet which has insisted all along that the closure is lawful and the restrictions were working.

“It was a botched trial from the start which has made congestion worse and damaged local businesses. It is now time for the Cabinet Member and Leader to take responsibility and resign.

“We also need urgent answers over whether the council will continue to use taxpayers money to fund its legal battle and whether it plans to repay the 53,000 plus motorists who were fined unlawfully.”

Lendal Bridge/Coppergate latest

 

Behind closed doors logo

The media are reporting that Labour Councillors will decide tonight whether or not to scrap the access restrictions on Lendal Bridge.

This may be so. They have to find a way out of the mess before they get embroiled in expensive legal proceedings and before the government is asked to step in and take action.

Labour operate a strict “whip” system. That means that whatever the majority of the Group decides everyone subsequently votes for the party line at committee and Council meetings. It also means that electors never actually find out what their representatives actually think of proposals!

There is talk of having a “Special Council Meeting” to discuss and determine the issue at some time over the next week.

Lovers of the theatre might appreciate such an event, but it is not strictly necessary.

The Lendal Bridge restrictions, at least, can be suspended immediately (as they should have been on 28th February) with a proposal to formally revoke the traffic order being approved at the next Cabinet meeting.

Coppergate

Coppergate

It was, after all, the cabinet that approved Dave Merrett’s report and proposal at its May 2013 meeting.

But getting to the bottom of what really went wrong will require a detailed, almost forensic, examination.

That is where the Councils all party scrutiny committees should be involved.

That would leave the tricky problem of Coppergate.

Although access restrictions are never popular with everyone, general traffic has been excluded from Coppergate for nearly two decades.

What Labour did a year ago was to extend the hours of operation of the ban and install ANPR cameras to enforce the new restrictions.

As we pointed out yesterday, Council officials had raised concerns in early 2013 about the plan but the changes were made anyway.

We doubt if the majority of residents would want to return to a day time free for all on a narrow street like Coppergate, which lies in the heart of the central shopping area.

We suspect most citizens would however like to be consulted on options.

In the meantime the Council had better concentrate on finding ways of addressing the issues raised by the traffic adjudicator.

Council Lendal Bridge appeal could take over 3 months to determine

Lendal bridge notice

Sources within the Council have admitted that it is unlikely that the result of their appeal against the ruling of the Traffic Adjudicator on Lendal Bridge and Coppergate will be known for over 3 months.

This means that if a decision is – as planned – taken at the May cabinet meeting, on whether to make the restrictions on Lendal Bridge permanent, then Councillors will not know whether they could be legally enforced.

It also means that anyone driving on the roads at present – and for several weeks into the future – could not have PCNs enforced against them because they would be outside the 28 days time limit.