Impact of Promenade works

Summary

The requester asked for documents detailing steps taken to assess alternative access, parking, and compensation for businesses affected by promenade works. The Department of Infrastructure disclosed all requested information, including a specific statutory order establishing an off-street parking place at Strathallan, Douglas.

Key Facts

• The Department of Infrastructure responded that all information was sent.
• A 'Strathallan, Douglas (Off-Street) (Parking Place) Order 2019' was issued to provide alternative parking.
• The parking order was made on 10 June 2019 and came into operation on 17 June 2019.
• The designated parking place allows motor cars and light vans to wait for a maximum of 24 hours.
• The response included 59 pages across 3 documents.

Data Disclosed

• 2019-06-21
• 2019-07-19
• 59
• 3
• 10 June 2019
• 17 June 2019
• 24 hours
• SD No.2019/0274
• Road Traffic Regulation Act 1985

Original Request

Please provide copies of all documents relating to and detailing what steps, if any, were taken prior to commencement of the current works on the promenades to both (a) assess and (b) provide: 1. Alternative access and/or parking for customers of businesses located on the promenades; 2. Compensation services or systems to minimise the impact on businesses on the promenades of works abutting their premises

Data Tables (1)

Data Tables (reformatted)

Full Response Text

Appendix 1

Appendix 2 Strathallan, Douglas (Off-Street) (Parking Place) Order 2019 Index

c SD No.2019/0274 Page 1

c STRATHALLAN, DOUGLAS (OFF-STREET) (PARKING PLACE) ORDER 2019 Index Article Page 1 Title ................................................................................................................................... 3 2 Commencement .............................................................................................................. 3 3 Interpretation ................................................................................................................... 3 4 Use of the parking place ................................................................................................ 4 5 Conditions of use of the parking place ........................................................................ 4 6 Traffic in the parking place ........................................................................................... 6 7 Amount of additional charge at the parking place .................................................... 6 8 Moving or removal of vehicle ....................................................................................... 7 9 Exemptions ...................................................................................................................... 7 SCHEDULE 9 MAP 9

Strathallan, Douglas (Off-Street) (Parking Place) Order 2019 Article 1 c SD No.2019/0274 Page 3 Statutory Document No. 2019/0274 c Road Traffic Regulation Act 1985 STRATHALLAN, DOUGLAS (OFF-STREET) (PARKING PLACE) ORDER 2019 Made: 10 June 2019 Coming into Operation: 17 June 2019 The Department of Infrastructure, after complying with the requirements of paragraph 1 of Schedule 21 to the Road Traffic Regulation Act 1985, makes the following Order under section 11 of that Act. 1 Title This Order is the Strathallan, Douglas (Off-Street) (Parking Place) Order 2019. 2 Commencement This Order comes into operation on 17 June 2019. 3 Interpretation (1) In this Order — “the Act” means the Road Traffic Regulation Act 1985; “additional parking charge” means an additional charge payable in accordance with article 7; “authorised officer” means an officer of the Department authorised to carry out the functions specified in this Order; “Department” means the Department of Infrastructure; “disabled person’s badge” means a disabled person’s badge issued in accordance with section 28 of the Act; “driver”, in relation to a vehicle waiting in the parking place, means the person driving or riding the vehicle when it was left in the parking place;
“emergency services’ vehicles” means an ambulance, fire brigade vehicle or police vehicle during such time as the vehicle is in actual use for any emergency purpose, or a motor vehicle or trailer during such time as it is 1 As required by section 14D of the Act Article 4 Strathallan, Douglas (Off-Street) (Parking Place) Order 2019 Page 4 SD No.2019/0274 c in actual use by any coastguard service provided by the Department for the purposes of giving aid to persons in danger or vessels in distress on or near the coast or a motor vehicle or trailer during such time as it is in actual use for civil defence or bomb disposal purposes; “exempted vehicle” means a vehicle exempted from the provisions of this Order by virtue of article 9; “parking bay” means any area of the parking place that is clearly shown by a sign or surface marking as a place within which a single vehicle may wait; “parking permit” means a written authorisation issued by the Department for the purposes of article Error! Reference source not found.;
“parking place” means the area of land named in article 4(1) and shown in red on the map in the Schedule and marked “THE PARKING PLACE”; “permitted vehicle” means a vehicle permitted to use the parking place by virtue of article 4(2); and “vehicle” means a mechanically propelled vehicle; (2) Any reference in this Order to a class or description of vehicle is to be construed in accordance with the Road Traffic Act 1985. 4 Use of the parking place (1) The area of land at Strathallan shown in red on the map in the Schedule is deemed to be the parking place for the purpose of this Order. (2) The vehicles that are permitted to be parked within the parking place are motor cars and light vans. (3) Vehicles must not wait in the parking place more than 24 hours. (4) The use of the parking place is subject to the provisions of this Order. (5) This article does not limit the operation of article 5. 5 Conditions of use of the parking place (1) A driver of a vehicle must — (a) have regard to the safety of other drivers, cyclists and pedestrians and their property in the parking place; (b) comply with directions, when using the parking place, given by an authorised officer and, if so required, must remove the vehicle from the parking place or move it from one parking bay to another; and (c) stop the engine as soon as it is in position in a parking bay and must not restart it except when about to change the vehicle’s position in, or to depart from, the parking place. Strathallan, Douglas (Off-Street) (Parking Place) Order 2019 Article 5 c SD No.2019/0274 Page 5 (2) A driver of a vehicle must not — (a) cause a vehicle to wait in the parking place for longer than the maximum period of waiting specified in article 4(3); (b) cause it to wait in the parking place unless it is parked wholly within a parking bay; (c) bring any vehicle into the parking place or cause any vehicle to wait in a parking bay, except a vehicle of a class specified in article 4(2); or (d) cause a vehicle to wait in the parking place unless there is displayed on the vehicle a valid licence issued under the Licensing and Registration of Vehicles Act 1985, if such a licence is required. (3) A person must not carry out or permit to be carried out on a vehicle in the parking place any maintenance or repair, unless it is necessary to enable the vehicle to be removed from the parking place. (4) A person must not carry out or permit to be carried out any cleaning of a vehicle in the parking place. (5) A person must not bring any vehicle into the parking place or use any vehicle in such a place for any purpose other than that of causing it to wait in that place. (6) Without limiting the generality of paragraph (5), a person must not — (a) use any vehicle, or anything towed by a vehicle, whilst it is in the parking place, for the purpose of or in connection with — (i) the sale or offer for sale of any article; (ii) the offer of any service; (iii) the hire or employment or offer for hire or employment of any person; (iv) the display of any article; (v) publicity for any trade or business; or (vi) sleeping or for habitation or any domestic purpose; (b) advertise for sale or hire any vehicle, while it is in the parking place; (c) store any trailer, caravan or other similar vehicle in the parking place; (d) erect or cause or permit to be erected any tent, booth, stand, building or other structure in the parking place; (e) light or cause to be lit any fire in the parking place; (f) affix any notice or advertisement to any part of the parking place, including any wall or fence forming part of the enclosure of such parking place, nor to any vehicle parked in the parking place; Article 6 Strathallan, Douglas (Off-Street) (Parking Place) Order 2019 Page 6 SD No.2019/0274 c (g) unnecessarily sound the horn of any vehicle, nor make any loud noise by mechanical means or otherwise which may cause disturbance to other users of the parking place or to the occupiers of properties in the neighbourhood; (h) wilfully or carelessly damage or interfere with the fabric or structure of the parking place or with any equipment, apparatus or device installed in the parking place; or (i) take into any parking place any dangerous, explosive or inflammable substance, other than fuel contained within the fuel tank of a vehicle. (7) If a parking bay is shown by a sign or surface marking as for use by disabled persons, the driver of a vehicle must not cause a vehicle to wait in that bay unless it displays a disabled person’s badge. (8) A person must not abandon a vehicle in the parking place. 6 Traffic in the parking place If the parking place has signs erected or surface markings indicating — (a) the entrance to or exit from the parking place; or (b) the direction a vehicle using the parking place must or must not proceed, then a person must not drive a vehicle, or cause or permit a vehicle to be driven so that it enters, leaves, or proceeds within the parking place otherwise than by an entrance, exit, or in a direction, so indicated. 7 Amount of additional charge at the parking place (1) In any of the circumstances specified in paragraph (2), an additional parking charge of £60 must be paid to the Department by the driver of the vehicle within 21 days. (2) The circumstances are that a vehicle — (a) is parked in the parking place for longer than the maximum stay of the parking place in contravention of 4(3); (b) is parked in the parking place otherwise than in a parking bay or other than entirely within a parking bay; (c) other than a permitted vehicle or an exempted vehicle is parked in the parking place; (d) is parked in a parking bay for disabled persons without displaying a disabled person’s badge; or (e) is parked in the parking place without displaying a valid licence issued under the Licensing and Registration of Vehicles Act 1985, if such a licence is required. Strathallan, Douglas (Off-Street) (Parking Place) Order 2019 Article 8

c SD No.2019/0274 Page 7

(3) In the case of a vehicle in respect of which an additional parking charge may have been incurred, it is the duty of the authorised officer to affix to the vehicle in a conspicuous position a notice which must include the following particulars — (a) the registration mark of the vehicle, or where the vehicle is being used under a trade licence, the number of the trade plates carried by the vehicle; (b) the grounds on which the additional parking charge has been incurred; (c) a statement that the additional parking charge of £60 is required to be paid; and (d) the manner in which and the time within which the additional parking charge must be paid. (4) No person other than an authorised officer, driver or a person authorised by the driver may remove a notice of an additional parking charge from a vehicle once it has been affixed. (5) If within 21 days of the issue of a notice of an additional parking charge, the driver or owner of the vehicle — (a) produces evidence that the vehicle was permitted to be parked in the relevant parking bay; or (b) produces evidence that the vehicle was taxed, (as the case requires) the Department may cancel the additional parking charge. 8 Moving or removal of vehicle (1) The Department may — (a) alter the position of a vehicle in the parking place; or (b) remove a vehicle from the parking place, which has been left in the parking place in contravention of this Order. (2) The Department may recover the costs of removal and storage of a vehicle removed from the parking place from the owner of the vehicle. 9 Exemptions The provisions of this Order do not apply to — (a) emergency services’ vehicles;
(b) vehicles being used for or on Department business; and (c) vehicles displaying a parking permit.

Article 9 Strathallan, Douglas (Off-Street) (Parking Place) Order 2019

Page 8 SD No.2019/0274 c

Signed on behalf of the Minister for Infrastructure MADE 10 JUNE 2019 J F ROBINSON Director of Highway Services

Strathallan, Douglas (Off-Street) (Parking Place) Order 2019 SCHEDULE

c SD No.2019/0274 Page 9

SCHEDULE MAP

Explanatory Note Strathallan, Douglas (Off-Street) (Parking Place) Order 2019

Page 10 SD No.2019/0274 c

EXPLANATORY NOTE (This note is not part of the Order) This Order regulates parking on an area of land at Strathallan, Douglas.
Articles 4, 5, and 6 of the Order specify the conditions that users of the parking place have to comply with. Article 7 of the Order provides for an additional parking charge of £60 to be issued in certain circumstances.
The Order further provides, in article 8, that the Department may remove a vehicle from the parking place that is parked in contravention of any of its provisions. The owner of a vehicle removed in accordance with the Order shall be liable to pay any charges for removal and safe custody of the vehicle.

Promenade Walkway, Douglas (Parking Places) Designation Order 2019 Index

c SD No.2019/0060 Page 1

c PROMENADE WALKWAY, DOUGLAS (PARKING PLACES) DESIGNATION ORDER 2019 Index Article Page 1 Title ................................................................................................................................... 3 2 Commencement .............................................................................................................. 3 3 Interpretation ................................................................................................................... 3 4 Promenade Walkway ..................................................................................................... 4 5 Conditions of use of the parking place ........................................................................ 5 6 Traffic in the parking place ........................................................................................... 6 7 Display of parking disc .................................................................................................. 7 8 Evidence of fact ............................................................................................................... 7 9 Amount of additional parking charge at the parking place ..................................... 7 10 Moving or removal of vehicle ....................................................................................... 8 11 Exemptions ...................................................................................................................... 8 SCHEDULE 11 MAPS 11 MAP 1 – THE PARKING PLACE 11 MAP 2 - WALKWAY WAITING AREAS 12

Promenade Walkway, Douglas (Parking Places) Designation Order 2019 Article 1

c SD No.2019/0060 Page 3

Statutory Document No. 2019/0060 c Road Traffic Regulation Act 1985 PROMENADE WALKWAY, DOUGLAS (PARKING PLACES) DESIGNATION ORDER 2019 Made: 29 January 2019 Coming into Operation: In accordance with article 2 The Department of Infrastructure after complying with the requirements of paragraph 1 of Schedule 21 to the Road Traffic Regulation Act 1985 and after consulting the Chief Constable2, makes the following Order under sections 1, 14, 14A, 23 and 39(1) of that Act. 1

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