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How can I prevent a council placing a bus lane outside my home stopping us from parking?
My house is located on a major main road and there is a bus stop outside my property. All the residents on my row are currently able to park along the road side outside our homes. However, we have received a letter from our local council (Leeds City Council) and public transport company (Metro) informing us that they intend to create a 37metre bus lane in front of my property and the next 2 neighbouring properties. This means that we will no longer be able to park outside our homes. We have been told that we cannot even park a removal van outside our home or have delivery vans temporarily park. Obviously there is uproar with the residents. Parking is very limited and there is nowhere else for us to park our vehicles. I am also concerned at the impact this will have on our house price and the saleability of our home. Is there anything we can do to stop this from happening?
A Traffic Regulation Order is required to enforce bus lanes and this requires consultation with residents in which you can make clear your objections. You have not inherent right to park outside your house but if there is no other parking nearby then that may be taken into consideration.
A formal TRO requires a statutory procedure to be followed. This includes:
1) Consultation - Following the completion of the design, consultation must be undertaken. This will require obtaining the views of the Emergency Services, The Freight Transport Association, The Road Haulage Association, Local Councillors and Parish Councils (where appropriate), and local public transport operators. Local interest groups such as residents, traders and community groups who are likely to be affected by the proposals may also be consulted where appropriate. The proposal could then be amended following consultation.
2) Advertisement of the TRO then takes place. This includes at least one notice in the local press. The Council will usually display notices in any roads that are affected and, if it is deemed appropriate, may deliver notices to premises likely to be affected. For at least 21 days from the start of the notice the proposal can be viewed at a nominated council office during normal office hours. Objections to the proposals must be made in writing to the address specified in the notice during this period. Substantial objections and contentious issues are then reported to and considered by the Executive Member for Transportation and Planning. When considering the objections the Executive Member must decide whether to (a) allow the scheme to proceed as advertised, (b) modify the scheme, or (c) abandon it.
3) Making the Order - The TRO can then be formally sealed providing all standing objections have been considered. Modifications to the proposals resulting from objections could require further consultation. This procedure can take many months to complete and the advertising and legal fees can be substantial. For this reason schemes requiring a TRO normally need to be included in the annual Capital Programme and cannot be carried out on an ‘ad hoc’ basis.
If the procedure is not properly followed then the bus lane would not be valid: however
- Temporary Orders (TTROs) may be used when works affecting the highway require short-term traffic restrictions.
- Urgency Orders may be used when works must be carried out immediately.
- Experimental Orders are used in situations that need monitoring and reviewing. These usually last no more than eighteen months before they are either abandoned, amended or made permanent.
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