Response 670948909

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Ministerial Directions

1. Do you agree or disagree with the proposed road characteristics that would allow local authorities to consider an exemption order from the pavement parking prohibition? Please be as specific as possible in your reasoning.

Please select one item
Agree
Disagree
Please explain your answer.
No exemptions should be provided. If parking is "required" or there are issues with emergency access, the street space should be redesigned, or pedestrianised.

Exemption Order: Proposed Provisions Under Section 52(2)(a) of the Act

2. Do you agree or disagree that the form of a Pavement Parking Exemption Order should follow a similar format to the TRO example in the link above?

Please select one item
Agree
Disagree
Please explain your answer.
Agree to the extent that the bones of the process is sufficient, but the TRO process is perhaps not robust enough for this use case.

Exemption Order: Proposed Provisions Under Section 52(2)(b) and (c) of the Act

5. Do you agree or disagree that local authorities should have to publish details of their proposals on their website for a period of no less than a week before, and during the consultation response period?

Please select one item
Agree
Disagree

6. Do you agree or disagree that local authorities should keep an archive of all previous and existing notices on their website?

Please select one item
Agree
Disagree

7. Do you agree or disagree that local authorities should display the Notice of Order on appropriate locations such as lampposts in the vicinity of a proposed exemption?

Please select one item
Agree
Disagree

8. Do you agree or disagree with the proposal that there should be no requirement to advertise Notices of Pavement Parking Exemption Orders in the printed press?

Please select one item
Agree
Disagree

Exemption Order: Proposed Provisions Under Section 52(2)(d) of the Act

9. Do you agree or disagree with the proposal that the same list of consultees for TROs should be applied to the Exemption Orders process, including Police Scotland and the other parties set out above?

Please select one item
Agree
Disagree

10(i). Do you agree or disagree with the proposal that residences and businesses, and any other stakeholders present within a set distance of a proposed exemption should have a notice placed through their door or posted to them?

Please select one item
Agree
Disagree

10(ii). If so, what would you think that minimum set distance should be?

Please select one item
100 metres
50 metres
20 metres
Something else
Please explain your answer.
More. Any residence within a walkable distance should be in-scope.

11. Do you agree or disagree that local authorities should be able to contact other possible stakeholders they may wish to inform who live out with an established contact vicinity?

Please select one item
Agree
Disagree

12. Are there any other parties who you consider should be formally consulted on a proposed Exemption Order?

Please explain your answer.
Local special interest groups, such as spokes, bus users groups, etc.

Exemption Order: Proposed Provisions Under Section 52(2)(e) of the Act

13. Do you agree or disagree that there should be a required period of time to allow for written notices of support and/or objection to be made (a consultation response period)?

Please select one item
Agree
Disagree

14. Do you agree or disagree that this period should be for a minimum of 21 days? If no, would you suggest an alternative length of time?

Please select one item
Agree
Disagree

Exemption Order: Proposed Provisions Under Section 52(2)(f) of the Act

16. Do you agree or disagree that if no objections are received to an Order then it should be processed by the local authority’s roads department, without the need to be approved by a committee?

Please select one item
Agree
Disagree

17. Do you agree or disagree that if there are objections and notices of support then these should be reported to a local authority committee to make a decision, similar to current TRO’s?

Please select one item
Agree
Disagree

18. Do you agree or disagree that objectors should be notified as to when the matter will be put in front of committee and given the opportunity to make representations?

Please select one item
Agree
Disagree

19. Do you agree or disagree that if a local authority cannot make a decision via committee then they could have the opportunity to refer a case to the DPEA to arrange a Public Local Inquiry or a Hearing?

Please select one item
Agree
Disagree

20. Do you agree or disagree that Scottish Ministers should have the ability to “call in” a case should a matter of genuine national interest be at stake?

Please select one item
Agree
Disagree
Please explain your answer.
Providing this were used in exceptional circumstances, and only to prevent pavement parking rather than allow it (how can that possibly be in the national interest?)

Exemption Order: Proposed Provisions Under Section 52(2)(g) of the Act

21. Do you agree or disagree that local authorities should be able to modify their proposals only where the modified Order covers less pavement than the area of exemption in the original order?

Please select one item
Agree
Disagree

22. Do you agree or disagree that local authorities should not have to consult on such a modification?

Please select one item
Agree
Disagree

23. Do you agree or disagree that local authorities should not have to advertise the modification except the requirement to place the modified Order on their website?

Please select one item
Agree
Disagree

Exemption Order: Proposed Provisions Under Section 52(2)(h) of the Act

24. Do you agree or disagree with the proposals in relation to notices to be given when making an Order?

Please select one item
Agree
Disagree

25. Do you agree or disagree with the proposals in relation to notices to be given when amending an Order?

Please select one item
Agree
Disagree

26. Do you agree or disagree with the proposals in relation to notices to be given when revoking an Order?

Please select one item
Agree
Disagree

About you

Are you responding as an individual or an organisation?

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(Required)
Individual
Organisation