Agenda item

The EAB considered a report concerning ongoing and increasing issues associated with parking on Shalford Common,which was registeredcommon land subject to statutory regulation in the Council’s freehold ownership.  The Council receivedon a regularbasis complaintsregarding carsbeing parked on theCommon, (includingon accesstracks) which wasin breach of commons legislation.  Meetings withShalford Parish Council (SPC) andresidents identifiedthe needfor a projectto resolve theissues in consultationwith the public.  Accordingly, on 7January 2020,the Executive agreedthat the Councilshould consulton a set ofproposed actions to achieve thefollowing three outcomes:

(1)    Compliance with theCouncil’s landowner obligationsto protectShalford Common from encroachments in line with the CommonsAct 2006.

(2)    Reduction of conflicts and complaintsregarding unauthorisedcar parking on the Common.

(3)    Provision of car parking areascompliant withthe Commons Act2006.

A totalof 42residents responded to the consultation online or bya hard copypaper versionof the survey.  The consultationresults in respect of the managementof sevenpriority areas relating toShalford Common were outlined in the report together with the proposed nextsteps forconsideration.

The report recommended thatthe Executive:

(1)         Consideredthe consultation results.

(2)         Agreed the optionsfor seven priorityareas tocarry outthe nextsteps.

(3)         Agreed to introduce newbyelaws forShalford Commonto supportthe proposed actions.

(4)         Sought to protect the biodiversity on Shalford Common which was a designated Site of Nature Conservation Interest (SNCI).

The Lead Councillor for Environment introduced the report commenting that it represented many months of work around addressing some of the local parking concerns, included the outcome of the related consultation and proposed the next steps for the Council to pursue being mindful of the needs of local businesses.  The EAB’s views were sought in relation to the areas under discussion.

The Countryside Manager gave a supporting presentation which addressed the management of the Common, the areas which the EAB was invited to consider and options for the seven priority areas:

·             Huber’s Garage / Mitchell Row

·             Kings Road

·             Pound Place

·             Parrot Pub Car Park

·             Recycling Car Park and Dagley Lane Access Road

·             Dagley Lane / Juniper Terraces

·             Approaches to Ashley Gardens and Christmas Hill

Three public speakers attended and addressed the meeting to put forward their views which favoured protection of the Common, a consistent approach to any changes to local residents’ parking facilities, resources to enforce new byelaws, an imaginative mixed use solution to the recycling car park, and the creation of car parking spaces to serve the Kings Road shopfront safely and support local businesses.

The following points and views arose from related questions, comments and discussion:

·             The management of the Common was directed by legislation which aimed to protect it for the enjoyment of residents as a green space for recreational use and the Council’s proposals sought to introduce measures to reflect this by protecting it from encroachment whilst recognising the need for some parking provision.  Some of the proposals, particularly those relating to the Kings Road shopfront, would be subject to commons consent from the Planning Inspectorate (PINS).

·             There was a clear boundary demarcation between common land and the highway at the Kings Road shopfront where the responsibility of this Council as land manager commenced and that of Surrey County Council as the Highway Authority (HA) ceased.  In addition to the requirement for consent from PINS, the creation of parking spaces in the area would be subject to the HA assuming responsibility for the land and adopting it as public highway.  As the County Council had not recognised the need for parking spaces in this area, the cost of providing them was likely to fall to this Council unless further exploration identified an alternative approach and funding.  To date, this Council had introduced protective measures in certain areas of the Common where it was anticipated that they would meet with general approval whilst the consultation had related to other aspects where it was felt that a consultation exercise was necessary to obtain local views.

·             Although commuter parking on local roads had been an issue prior to the Coronavirus pandemic, it was suggested that proposals should take account of the impact of possible ongoing lifestyle changes following the pandemic such as increased working from home which may reduce parking demand and traffic movements.  Conversely, the pandemic had created an increase in the number of visitors to areas of countryside.

·             The removal of common land without justification was a cause for concern and therefore a land exchange to provide additional common land to compensate for the Parrot Pub car park remaining and being transferred from common land to regularise the situation was welcomed.

·             Risks were identified in relation to the Kings Road shopfront, namely, that an application to de-regularise common land to provide car parking may be unsuccessful following the investment of time and resources without benefit to the community.  This Council should not commit to the work and cost associated with bringing the land up to an adoptable standard to provide parking and the necessary safety measures without the County Council undertaking to cover the cost and adopt the land which was a HA responsibility.  In the event that parking was provided, it could be subject to restrictions to prevent commuter parking and support local businesses.  Adoption would be required to implement Traffic Regulation Orders or parking restrictions.  More work in respect of this proposal would be required prior to a decision regarding the merits to pursue it.  An alternative option following common land de-regulation was to retain ownership of the land and operate it as an off-street parking area within this Council’s control.

·             SPC had highlighted a number of areas of concern, namely, there was a preference for Huber’s Garage to be a designated parking area, the recycling car park to be controlled parking and option 2 for the Kings Road shopfront to become adopted parking spaces.  There was concern regarding the access to Ashley Gardens, particularly in view of the proposals to re-open and extend the care home.  Therefore byelaws to prevent parking on the Common and track was the preferred option recognising the need for large vehicles such as ambulances to gain access.  Visiting the shopfront required parking and crossing a busy slip road which constituted a safety issue that should be borne in mind.  A shortage of car parking provision was a general issue in Shalford where solutions were sought and, in the event that parking spaces opposite the shopfront were introduced, parking controls would be required to prevent day long commuter parking.  As The Parrott pub car park was located on common land, a land swap would regularise the position.  SPC and some residents had indicated a willingness to contribute towards the costs of proving parking opposite the shopfront, possibly via crowd funding, and SPC had suggested joint working with the Borough Council to progress matters.

·             Risks associated with the proposals should be identified and borne in mind during the process to avoid potential liabilities around sequencing of actions and the impact of elements of the proposals not being pursued.

·             Any introduction of parking controls at the recycling centre should be considered in line with possible parking provision in Area 2 opposite the Kings Road shopfront.

Having considered the consultation responses, the Board supported the options set out in the report to the Executive for the seven priority areas to carry out the next steps and agreed to the introduction of new byelaws for Shalford Common to support the proposed actions.  In addition to making the above points, the Board emphasised the following points for submission to the Executive:

·             Proposals should take account of the impact of possible ongoing lifestyle changes following the Coronavirus pandemic such as increased working from home which may reduce commuter parking demand and traffic movements.  The creation of unneeded parking provision should be avoided as it may encourage further parking.

·             The possibility of retaining any parking spaces provided opposite the shopfront in Kings Road within the ownership of this Council allowing it to introduce its own parking restrictions should be explored.

·             The safety of pedestrians crossing Kings Road to access the shopfront should be considered and addressed.

·             Shalford Parish Council should be involved in any working group to progress the proposals or benefit from regular consultation.