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Topless
Talking Buses…
The End of the Beginning or the
Beginning of the End?
A
Ban is Agreed
From Newsletter
No 26 Autumn 1994
Dear Resident,
OPEN TOPPED BUSES
Representative
Councillors of the relevant City and County
report back to full City and County Committees
met on 14th July and agreed unanimously that the
Open topped Buses must be banned from this
Crescent. They directed Officials to recommend
practical and procedural means of implementing
the ban to a further such ("Ad Hoc")
meeting.
This is a major
advance and a direct result of the Society's
campaign, residents' traffic monitoring and
petitioning and the Society's lobbying of
Councillors and others.
There are several
bridges yet to cross, though we can hope that,
given the representatives' decision in
principle, most will be matters of form. The
next stages, as we understand them, are:
1. Officials
recommend means of implementing the ban; this
could include, as we have petitioned, closure to
through traffic by some appropriate and
sensitively designed demountable barrier at one
end. 2. Further "Ad Hoe" Meeting
debates and we hope, agree recommended means. 3.
Representative Councillors report back to full
City and County parent Committees. 4. Full
Committees endorse recommendations, we hope. 5.
County and City formally exchange views etc. 6.
Draft legal/statutory instrument is formally
advertised and objections invited.
It is at this
point that matters will get more difficult. The
Bus operators are virtually certain to render
formal objections of their own and to
orchestrate a chorus of others sufficient to
force a Public Inquiry. This may attract more
National attention.
This Society will
continue to keep all Residents informed of
developments and to lead the campaign. Besides
residents' virtually unanimous support for a
ban, we also have the backing of UNESCO, Bath
Preservation Trust, Bath Society, all 3
political parties and others. Nevertheless the
battle is not yet won and we must be seen to
maintain our stamina and resolve over a long
period.
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And
now for the Good and the Bad News…
From Newsletter
No 27 Spring 1995
The Bad News
Avon& Bath
Officials have continued to delay producing
options for implementing the ban agreed by all
parties at the Ad Hoc Councillor Meeting last
July. Your Committee is deeply, suspicious that
Officials are hopeful that the problem and the
work will get lost in the revisions to the Local
Government Structure. We are determined that
that shall not happen and have again asked
Councillors to press for action.
The Good News
Regency Tours
(the blue tourist buses) are suddenly on our
side! Their very courteous Managing Director,
Guy Huntley Parlour, offered to throw down a
challenge to the other bus operators to stop
touring the Crescent. In doing so he neatly
demolished most of the arguments Badgerline have
used in defence of their traffic. The full text
of our Joint Press Release which went to all the
local media is reprinted below.
Joint Press
Release February, 1995
Tourist Bus
Operator Joins Fight To "Save The Crescent
Regency Bus Tours
today announced that hey would stop their open
topped tourist buses from going through The
Royal Crescent immediately, contingent on other
operators following suit.
In a statement
issued today Regency Tours said: "We are
very concerned at the damage that is being
caused by vehicles in the Crescent. It is quite
evident that the damage being done to the
cobblestones is commensurate with the size of
the vehicles that roll over them. We have one of
the most classic examples of Georgian
architecture in the country and it behoves us to
both respect and preserve it.
"As a
company we are prepared to reroute our vehicles
to go below the Crescent through Victoria Park.
The view from there is almost as good, and
considerably better from a photographic point of
view.
"From a
commercial standpoint it is our experience that
the great majority of passengers would pay
little heed to such a change. Most people come
to Bath to view the Roman Baths, but the fact
that the baths are within a pedestrianised
precinct does nothing to deter them from a tour
of the city."
The move was
warmly welcomed by residents in the Crescent.
Michael Daw, Chairman of the Royal Crescent
Society, said "This is a triumph of common
sense. All the residents and others who love and
respect The Royal Crescent will be grateful.
Regency Tours have set a fine example and have
vindicated our long campaign to ban these
damaging buses from the Crescent. In view of
this strong statement we look forward to the
other two operators, Badgerline and Ryans,
taking up the challenge and following suit. If
they did, the public would be saved the expense
of legislation which is being proceeded with.
All three political parties supported our call
for a bus ban and directed Avon and Bath
officials to prepare ways and means six months
ago."
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The
Political wheels move slowly….
From Newsletter
No 28 Summer 1995
Following the
very strong expressions of outrage by your
Committee over the failure of Bath and Avon
Councils to make any progress on the July 1994
all party decision to ban the damaging buses
from the Crescent Councillors sprang into action
in the run up to the May Local Government
Election. In particular Councillor David Hawkins
and Councillor Maureen Wheadon reported progress
at our 1995 AGM, and Councillor Hawkins has
since held specific meetings with the relevant
City Officials responsible for the next actions.
So far this has still to bear real fruit and we
shall soon again have to raise the profile of
the matter. Meanwhile the incidence of buses has
increased and the Voluntary Agreement (limiting
the total to 9 per hour, with flexibilities at
self declared peak periods) appears to have been
set a side.
The very well
attended AGM endorsed the Committee's actions so
far, but directed that the time for politeness
was fast evaporating. A proposal to get the
message of damage over more vividly to a wider
audience, especially tourists themselves, was
approved unanimously. This is being implemented
by your Committee and details will be
communicated separately. (As this Newsletter has
a wide circulation, it would be unwise to reveal
the details here and risk dampening the impact
of the action).
Meanwhile, the
current, Director of Highways Transport &
Engineering has issued an assurance that there
is no chance of the ban being lost in the
transfer of authority from Avon to Bath & NE
Somerset; a specific Budget Item is in place to
fund the cost of the action.
Media coverage of
tile subject has been extensive. The local press
gave prominence to your concerns over the delays
above and this and most Letters to the Editor in
the Bath Chronicle have been written in a tone
of acceptance that the ban will happen. A
notable exception was published in May, after
our Chairman appeared briefly in "The
Goldring Audit on TV Channel 4, in April. The
writer clearly did not understand the issues
involved and harked back to the old and
discredited argument that we are all rich snobs
who hate all tourists! He was roundly rebutted
by Mr. John Walker of No 10 who covered all the
relevant points so well that Chairman decided
further reply was unnecessary despite the
personal attack in the first letter.
The AGM passed a
Formal Resolution ( reprinted below ) which was
conveyed by Councillor Maureen Wheadon to Avon
County Council and is now recorded in their
official record.
That noting with
indignation and deep concern the complete lack
of substantive progress on both its own 1993
Petition and Councillors' July 1994 direction to
Officials to save the Royal Crescent from
further heavy Traffic damage by making it Access
Only, the Royal Crescent Society calls on City
and County Councils to take immediate action and
to progress it to completion as a matter of
continuing urgency."
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And
the Debate Continues….
From Newsletter
No 29 Winter 1995
Bath City Council
continues to procrastinate over the actions
given to them by Avon County Council to come up
with ways and means of implementing the bus ban
for the Crescent as directed by Councillors of
all three political parties at the Ad Hoc
meeting in July 1994. As reported in the last
Newsletter Councillor David Hawkins stirred
matters up at Election times in May, and further
promises etc., were made. Still nothing
happened.
Accordingly
Chairman wrote to Head of Paid Service, Bath
City Council (the virtual replacement post for
the previous Chief Executive Office), in very
strong terms. The letter rehearsed the sequence
of non events since July 1994 and said that the
failure of officials to act on the directions of
the elected representatives was tantamount to a
deliberate and conscious attempt to frustrate
the democratic process. As such it is called
into question the need to consider disciplinary
action against the officers responsible. The
letter was copied to Councillors.
The reply was
another delaying tactic. Head of Paid Services
decided that the letter constituted a Formal
Complaint about his own officers and as such
should be investigated by the Head of another
Department, in this case the City Solicitor. On
further enquiry he also declined to speed up the
subject of the complaint (means of implementing
the ban) until the investigation of the
complaint was done which he promised would
happen 'shortly'. We are still waiting, a
further two months on.
Meanwhile, some
of the officials concerned seem to have taken
thinks into their own hands at last and have
arranged a meeting to discuss the matter yet
again with your Committee. We shall continue to
press our points through this bureaucratic
morass; compromise is not the order of the day.
Meanwhile a
helpful feature on the subject appeared in the
Travel Section of the Daily Telegraph (November
4th), and various articles in that paper and the
Times show that other cities are also suffering
from the 1980's legislation deregulating public
transport, which opened the gate for the open
topped buses everywhere. Oxford and other places
are beginning to voice their concerns, though we
were already aware of the private worries.
Regency Tours
continue to be the only operator with a wider
view. Members will recall their proposal to take
the Crescent off their route if the other
operators would follow suit which they declined
to do. Regency have now proposed changes to the
permitted waiting times down at the Main pick up
points near Orange Grove whose effect would be
to reduce the numbers of buses which sometimes
go around merely to satisfy the published
timetable. Whilst your Committee welcomes this
in principle, it is not, of course, the final
answer of a complete ban or of making the
Crescent 'Access Only'.
The Residents'
Association in the Circus has been re vitalised
and we wish them well. They are achieving good
publicity in their similar fight against the
buses but your Committee has not joined forces
with them. As the AGMs have endorsed, our
situation is unique, our campaign is (though too
slow) well advanced and solutions are within our
grasp. Theirs is barely off the ground and, if
allied with ours, can only make matters more
complicated, thus providing officials with even
more excuse for delay.
On an apparently
separate front, our MP Don Foster responded to
the last Newsletter by writing to Avon's
Director of highways and Engineering about the
general bus problem in Bath. The Director's
reply mentioned almost as an aside that he was
investigating a possible weight restriction on
the Crescent as a means of "reducing the
number of buses". Again we await his
response to our request for a proper definition
of what this means and have made clear that we
continue to seek a full ban. Our MP is being
kept informed as he kindly asked to be.
Finally (if only
this were true!) the more vivid action on this
topic called for at the AGM has regrettably been
delayed for lack of time and resources; it is
still planned however.
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Almost
There…
From Newsletter
No 30 Spring 1996
The news on this
topic, as we go to press, is in Chairman's view
deeply depressing. The actions and inaction of
County and City Officials and their refusal to
respond to Councillors directions and to their
and our pressures have set our campaign back
several years.
Summary Briefly
(and this article exposes the gory detail
below), we had expected that with all the
unnecessary delay Officials have caused to the
July 1994 directive to work out ways and means
of implementing the closure of the Crescent to
through traffic, the task of implementation
would have passed as a simple matter to the new
local authority (B&NES). But officials have
instead fabricated and obfuscated the case to
the extent that the task will be passed over as
a complicated and awkward mess allegedly
requiring more investigation, more
"work", etc., before the closure can
even be formally advertised as a Traffic
Regulation Order. This will give B&NES who
will have a very difficult first year every
excuse to take the view that it is all too
difficult and to put it on the back burner; when
it does emerge it seems highly likely that the
whole case may need to be argued all over again.
The timescale for action is thus unforecastable
and meanwhile the buses and the damage and all
their other bad impacts continue. The detail of
events since the last Newsletter will follow.
Detail
We reported last
time that City officials had at last begun the
series of "consultations with interested
parties", which they had been directed to
do in July 1994. Your Chairman and Vice Chairman
went to one on December 18th, chaired by David
McLaughlin, Principal Conservation Officer, Bath
City Council (BCC), and also attended by John
Porter, BCC Traffic Engineer and Roger Witt,
Avon County Council Traffic Manager,
Environmental Control. We were shown detailed
plans for the closure of the West end of the
Crescent, told that the best legislative means
of implementation had been decided and advised
that this would all be presented to the relevant
Avon Committee for endorsement at their last
meeting in March, so that it could be passed to
B&NES for action. Mr Witt proposed that it
be recommended for B&NES to put it in for
approval for their 1997/8 budget as the first
year would be too crowded. We rejected this and
insisted that it take its chances in the first
year. Officials expressed their desire to see
the matter through as positively as possible and
said they believed it was essential action to
preserve the Crescent.
It also emerged
that in discussions of the detailed proposal,
Badgerline had intimated that if the proposal
were seen not to be directed solely at their
buses but at stopping all through traffic, their
Board might not press for a Public Inquiry. This
is excellent news if followed through.
At this point and
as reflected in Chairman's comments at the
Festive Dinner matters seem to be progressing as
well as could be hoped. We also knew that
consultations had been held with the Bath
Preservation Trust and the General Manager of
the Royal Crescent Hotel, who were all in full
support and who had all reported back very
positively. The next step, eagerly awaited, was
the formal written Report which officials would
jointly prepare for tile Avon Traffic Sub
Committee Meeting. By courtesy of our Councillor
Maureen Wheadon, it arrived on the Friday before
the Tuesday Meeting. You can read it for
yourself, In full, below. Remember, this is the
result of almost 2 years of work by City &
County Officials.
COUNTY OF AVON
PLANNING,
HIGHWAYS AND TRANSPORT (HIGHWAYS AND TRANSPORT)
SUB COMMITTEE
12TH MARCH 1996
PROGRESS IN
IMPLEMENTING COMMITTEE DECISIONS (DIVISIONS:
BATH CENTRAL AND WEST
1 Purpose of
Report
1.1 To enable
Members to review progress in implementing
decisions made at previous meetings and matters
arising there from.
2. Latest
Position
2.1 The following
summaries reflect the latest position at tile
time of' writing and where appropriate further
updates will be given orally at file meeting.
1 ROYAL Crescent,
BATH (DIVISION: BATH CENTRAL)
2.2 This matter
was last considered by this Sub Committee on
28th March 1995 (Minute No. 217 refers) and by
Planning, Highways and Transport Committee on 11
the April 1995 when it was resolved:
that Bath City
Council be asked to expedite as a matter of
urgency the arrangements for further local
consultation with interested local bodies"
as set out in the report.
2.3 Arrangements
were made by Bath City Council for consultation
meetings to be held last December and January,
these being held with Bath Preservation Trust,
the Royal Crescent Society, the Royal Crescent
Hotel and Marlborough Lane and Buildings
Residents Association. Your officer was ill
attendance at the meetings.
2.4 The Bath
Preservation Trust and the Royal Crescent
Society were in favour of the closure of Royal
Crescent to through traffic. The Preservation
Trust also suggested that full or partial
pedestrianisation should be investigated. This
could include the removal of all parking, thus
opening up an uncluttered vista of Royal
Crescent. These matters would require
investigation.
2.5 The Royal
Crescent Hotel, while not opposing the principle
of the closure were concerned that access and
turning facilities for vehicles serving the
hotel would be maintained. They also drew
attention to the fact that some of their guests
arrive as coach parties and thus facilities for
those coaches would also need to be maintained.
2.6 The
Marlborough Lane and Buildings Residents
Association opposed the closure of Royal
Crescent to through traffic as this would cause
increased problems at the northern end of
Marlborough Buildings and at tile substandard
junction with Weston Road. They considered that
no action should on the closure until a
comprehensive study of traffic movements in the
area has been undertaken.
2.7 Arising from
the consultation meeting, there is clearly
further work to be undertaken before the closure
of Royal Crescent can be formally advertised,
particularly in respect of further environmental
measures on Royal Crescent and the effect on
surrounding roads. It will not be possible to
complete this within the lifetime of this
Council, given existing commitments and staff
resources. Consequently it is proposed that the
closure to through traffic of Royal Crescent be
recommended to Bath and North East Somerset
Council together with investigation of other
environmental measures.
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Some
Loose Ends - Hold the Champagne Corks
From Newsletter
No 31 Summer 1996
Chairman reported
the great news to our widespread supporters and
has had encouraging responses. Our three local
Councillors, Maureen Wheadon, David Hawkins and
lately but very helpfully Jerry Curran, have all
been directly influential in getting its this
far. Our MP, Don Foster has lent support and on
hearing the news has assured us of more
assistance should we need it. Our Vice
President, Lord Stockton has been very helpful
behind the scenes and always stood ready to ask
a Question in the Upper House should we so wish
it. UNESCO had consistently stood by us and
taken effective action at crucial times We must
all be grateful to them all at this stage but
we'll hold the champagne Until the last bollard
is in place!
Mrs Vivian Rae
Ellis, leader of the Circus Residents'
Association wrote Chairman a charming
congratulatory letter on the great news. Given
the riot too successful some would sly pointless
and tasteless events ill her Own campaign this
was a generous gesture; Chairman replied
accordingly.
Those with long
memories will recall (lie appalling delay by
officials between Ally 1994 and late 1995 when
they took 110 action 011 Councillors' directive
to investigate ways and means of the Closure.
This delay was (lie subject of all formal
complaint to 1 lead or Paid Service, Bath City
Council, ill October 1995 I He put (lie matter
ill [lie hands of [lie City Solicitor and
promised to report back. That report never
arrived, though the delayed action was taken
with (lie results above. Imagine Committee's
surprise to receive a letter in May 1996 from
the former City Solicitor, now the B&NES
Head of Legal Services, apologising that Our
original letter of complaint had been "lost
or gone astray" in the chaos of the
changeover of local authorities. And would we
please send copies. We did, by return, hinting
that the matter whilst technically outstanding
had been overtaken by events but as an earnest
of his regret would lie please speed up the
current process? That was on May 27th. As we go
to press (one month later) we still await his
reaction.
The odd sometimes
very odd long distance coach occasionally ambles
through the Crescent in total disregard of the
existing coach ban. Sterling residents often
flag these down and remonstrate with the
drivers, often making. their point very
effectively. Phone calls to the Coach's
operating company headquarters if there is time
to catch the number of the bus and the other
details can be even more effective. Chairman
recently tackled the director of a company
called "The Londoners", whose vehicle
double parked outside No. 1 for well over half
an hour, empty and with its engine running.
Another resident had complained to the driver
and the Bath Preservation trust staff had also
taken action, all to no avail. The company
Director, unfamiliar with tile Crescent Finally
contacted the driver and got him to move but
requested the details in writing. Yet another
letter.... However this did elicit a worthwhile
reply for once, reprinted below. As Dr. Monica
Baly has said many times we shall only protect
this place by "Constant Vigilance".
June 16th, 1996
Dear Mr. Daw,
Re: Incident it
the Royal Crescent June 7th, 1996
Thank you very
much for your letter dated June 10th with
regards to the misconduct of one of out drivers.
We call assure
you that we will be speaking to the driver
concerned upon his return from touring, and lie
will be disciplined accordingly. We \visit to
stress that such behaviour from our drivers is
riot [lie policy of' (his company and will not
be tolerated. It is only from the good as well
as the bad reports that we receive, can we judge
flow well a driver is keeping to out. standards,
and therefore we are grateful to you for taking
the time to write to [is.
We do hope you
will accept our sincere apologies and trust that
this incident will riot be allowed to reflect on
the service we strive to provide.
Yours sincerely,
Chantal J.
McCausland Director The Londoners Ltd.
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B&NES
Traffic Order
From Newsletter
No 32, Winter 1996
After the
euphoria of the last issue, over Councillors'
approval for Officials to start the formal
process to make the Crescent 'access only' by
advertising the Traffic Orders (T0s), the
Society wrote immediately to the two Council
Departments concerned and to Councillors asking
for the job to be progressed urgently. After
all, it was supported by all three political
parties, was fully funded, the technicalities
had been worked out by Avon 6 months earlier and
it seemed an easy and short task to take the
next step. In particular, Head of Legal Services
was asked to use his personal influence as a
vindication of his apology for the 199415 delays
by the old Council (see 'Loose Ends' below); he
replied expressing the hope that the TOs would
be "in place by the Autumn". Given the
long list of other tasks, e.g. Safety measures
on his plate, this did not seem unreasonable.
However, the Traffic Department replied that
their intent was only to "advertise"
the TOs "by late Autumn". Clearly the
two Departments were as uncommunicative with
each other as the two former Councils, Avon and
Bath, had been.
Accordingly, the
next month, September, we started chasing again,
this time through our Councillors. Councillor
David Hawkins could get only a promise to
''prioritise'' the matter from Mr Dillane, Head
of Engineering Services (amongst much whining
about limited resources); a similar response
came from the legal department. Further chasing
in October revealed that Councillor lan Dewey
(not representing our Ward) had been forced to
take up the general slowing down of all Council
business by officials with the Chief Executive.
Clearly we were not alone.
So with
Councillor Hawkins we tried a pincer movement.
Chairman wrote to the two Heads of Department
highlighting the now three and half months
delay, the deep concern of residents, the
escalating damage and the risks of losing the
funding for this Financial Year and of repeating
the appalling delays of the former Council.
These letters
were copied both to our own Ward Councillors and
to the Conservative and Labour Group Leaders and
to Councillor Dewey asking all to take up the
matter with the Department Heads.
Councillor Dewey
was the first to respond, both with action I) he
had written to one of the Heads of Department
seeking an explanation and ii) with Concern.
Both he and
Councillor Cox raised the matter at a Committee
Meeting Councillor Hawkins was in the Chair.
Suddenly although
the Heads of Departments failed to reply to
Chairman's letters, all this bore fruit and the
traffic orders appeared.
A full copy is
printed below.
We now wait to
see whether the Bus companies do object and
force a Public Enquiry. The Council intends to
investigate re routing ideas as one ploy to try
and deflect or deter this action.
(ROYAL Crescent,
BATH) (PROHIBITION OF DRIVING) ORDER 199
The Council
proposes to make an Order under sections 1(1)
and 2(1) to (3) of the Road Traffic Act 1984 as
amended, the effect of which will be to prohibit
any motor vehicle entering, proceeding or
waiting in the lengths of Royal Crescent, Bath
specified in Part 1 and Part II of the Schedule
of this Notice.
Exemptions in the
Order permit any motor vehicle to enter, proceed
or wait in the length of Royal Crescent referred
to in Part II of the Schedule to this Notice in
connection with building operations; the removal
of obstruction to traffic, maintenance of the
road; supply of gas, water or electricity; for
any vehicle necessarily proceeding to or from
any premises situated on or accessible only from
that length of road; for the purpose of gaining
access to residents' and card parking places
situated in that length of road; the pursuance
of statutory powers or duties and police, fire
brigade or ambulance purposes in an emergency.
Full details of
the proposal are contained in the draft Order,
which together with a map and a Statement of the
Council's Reasons for proposing to make the
Order and a copy of the Order to be
varied/suspended, may be inspected at the under
mentioned offices (callers should report to
Reception and ask for the Planning and
Environmental Law Team) and at 9110 Bath Street,
Bath (please telephone for an appointment, Bath
(0 1225) 477172) during normal office hours.
Objections to the
proposal, together with the grounds on which
they are made must be sent in writing to the
Head of Legal Services at The Hollies, Midsomer
Norton, Bath BA3 2DP, quoting reference
DS/P/1/043 by 20 December 1996. Please note that
all representations received may be considered
in public by the Council and that the substance
of any representation together with the name and
address of the person making it, could become
available for public inspection.
SCHEDULE PART 1
Royal Crescent
from its junction with Marlborough Buildings
eastwards for 3 metres
PART II
Royal Crescent
from Brock Street/Upper Church Street to 3
metres cast of Marlborough Buildings
Contact Officer
Dean Shepherd, Planning and Environmental Law
Team, Resources Directorate, Telephone 01225
396682.
BA TH AND NOR TH
EAST SOMERSET DISTRICT Council
(ROYA L Crescent,
BATH) (PROHIBITION OF DRIVING) Order 199
The Bath and
North East Somerset District Council
(hereinafter referred to as "the
Council") in exercise of its powers under
sections 1(1) and 2(1) to (3) of the Road
Traffic Regulation Act 1984 as amended
(hereinafter referred to as "the Act of
1984") and of all other enabling powers,
after consultation with the chief officer of
police in accordance with Part 111 of Schedule 9
to the Act of 1984, hereby makes the following
Order:
1 This Order
shall come into operation on the and may be
cited as the Bath and North East Somerset
District Council (Royal Crescent, Bath)
(Prohibition of Driving) Order 199.
2 In this Order
"residents' and card parking place"
means a parking place designated by the County
Council of Avon (Residents' and Card Controlled
Parking, City of Bath) Order 1987 as varied.
3 No person shall
cause or permit any motor vehicle to enter,
proceed or wait in the length of road specified
in Part 1 of the Schedule to this Order.
4 Save as
provided in Article 5 of this Order no person
shall cause any motor vehicle to enter, proceed
or wait in the length of road specified in Part
11 of the Schedule to this Order.
5 (1) Nothing in
Article 4 of this Order shall render it unlawful
to cause or permit any motor vehicle to enter,
proceed or wait in the length of road referred
to therein if the vehicle is being used:
a) in connection
with the carrying out on, or on premises
situated on that length of road of any of the
following operations, namely I) building,
industrial or demolition operations; ii) the
removal of any obstruction to traffic; iii) the
maintenance, improvement or reconstruction of
the road; iv) the laying, erection, alteration
or repair in, or in land adjacent to the road of
any sewer, or of any main, pipe or apparatus for
the supply of gas, water or electricity or of
any telecommunication apparatus as defined in
the Telecommunications Act 1984;
b) in the service
of a local authority, the Environment Agency, a
water undertaker or sewerage undertaker in
pursuance of statutory powers of duties.
(2) Noting in
Article 4 of this Order shall apply to any
vehicle being used for fire brigade, ambulance
or police purposes in an emergency.
(3) Nothing in
Article 4 of this Order shall apply:
a) to any vehicle
necessarily proceeding to or from any premises
situated on or accessible only from the length
of road referred to therein, or
b) to any vehicle
necessarily proceeding to or from any residents'
and card parking place in the length of road
referred to therein.
Given under the
Common Seal of the Bath and North East Somerset
District Council the day of
The COMMON SEAL
of the BATH AND NORTH EAST SOMERSET DISTRICT
Council was hereunto affixed in the presence of.
Head of Legal
Services
SCHEDULE
Prohibition of
Driving
Part I
That length of
Royal Crescent, bath which extends from its
junction with Marlborough Buildings in an
easterly direction for a distance of 3 metres
Part II
(includes
exemption for access purposes and to residents'
and card parking places)
That length of
Royal Crescent, Bath which extends from its
junction with Brock Street/Upper Church Street
to a point 3 metres east of its junction with
Marlborough Buildings
2 Loose Ends
In the last issue
we reported the sudden realisation in May 1996
by B&NES Head of Legal services that our
Formal Complaint over Bath's 9415 delay in
dealing with the bus issue had never been
answered and that as the papers had been lost in
the re organisation, "could we send
copies"! After further to-ing and fro -ing,
acknowledging that specific action had been
overtaken by events, he issued a formal written
apology. As noted above we are attempting to use
this in the current stages.
3. Council's
Other Action
The overall, City
wide Open Topped Bus Service has come under
general criticism from all three political
parties. They have finally woken up to a factor
we recorded and reported some years ago.
That is, that
there is no formal or official or legislative
means of preventing or restricting the buses.
Under the 1980's deregulation of Public
Transport the only barriers to any Public
Service are the needs to register a schedule
with the Traffic Commissioners (part of the
Department of the Environment) and to provide
roadworthy vehicles and licensed drivers. We
firmly believe that the original purpose of the
legislation was with true public transport in
mind: that is PT with people from A to B. That
the wording was so loose that it allowed
circular 'tourist services to emerge does not
appear to have been foreseen. Shrewd
opportunists of course saw the loophole and our
misery ensued. Councillors, grasping this,
approached the Minister for Local Transport,
John Watts MP, asking for tougher powers to
control what many seen in the City as resulting
major contribution to traffic chaos. They have
gone on record as saying the Buses are
"dirty, noisy, too numerous (36 departures
an hour from 7 locations), that they clog
already congested streets, cause pollution and
are damaging the City's tourist trade".
Just what we have been saying for many years!
The Minister's reply kicked the action back to
the Council and they now have a 12 point plan
for more control. Badgerline have already
rejected one of these the use of disposable
headphones on the grounds of cost, ignoring
their successful use on similar tours in other
Cities .... plus ca change!
4. Badgerline
Change
Badgerline's
General Manager, Martin Curtis, who has led the
flight against us, has been promoted to Business
Manager for Bristol Omnibus. His former Deputy,
Alan Flinders has replaced him, so presumably no
change in policy there.
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Buses
The Saga Continues a Public Inquiry looms
From Newsletter
No 33 Spring 1997
The last full
issue of this Newsletter reported the
publication of and set out in full the Traffic
Order proposing closure of the West end of the
Crescent. A Special Issue of the Newsletter
distributed to all residents on 18 November
asked for help, in the form of individual
letters from residents to support a proposal.
By the closing
date for representations a grand total of 9
residents had taken this action, out of some 120
living here and these are to be commended.
Meanwhile, the silent some may say apathetic and
lazy or perhaps just forgetful majority were
reminded again in another Special Newsletter of
the need to write in. Thankfully another 30 or
so took action this time. This materially
changed the balance of responses received by the
Council from the original 2 1 against the
proposal (they had had about 20 objections) to 2
1 in favour. Many of our letters demonstrated
very careful thought and cogent and helpful
argument.
This balance
achieved two important aims. First it showed
that a wide spread of individuals were concerned
enough to take the time and trouble to write in.
Secondly, it showed that this concern was
current as opposed to the Society's other
slightly hoary evidence, e.g. the 1994 Petition.
In other words, the right climate was maintained
and updated.
It did not could
not of course, force the right decision. Despite
earlier posturing, the Bus operators did make a
formal objection on the grounds that closure
would "stop local buses" from using
the Crescent. That choice of words is of course
careful and deliberate. The buses are only
'local' under the terms of the legislation and
in the sense that they operate in one locality.
They are not, as the phrase might suggest to
those unfamiliar with the problem, local buses
getting the general public from A to B, and
therefore providing an essential Public Service.
The operators are
the only potential objectors who are legally
able to force a Public Inquiry and B&NES
Officials jumped to the immediate conclusion
that this was inevitable. However, Chairman
pointed out that three further steps had to be
taken before this was set in motion.
Perhaps this is
too sophisticated, idealistic and naive an
assessment; however, the die is now cast and the
report is being prepared for the Transportation
Sub Committee on 18 April 1997 (postponed from
10 March by one week's influenza for one
Official .... ). Your Committee will lobby to
try to ensure that Councillors do decide to
press on and not abandon the matter as too
difficult. All this means of course is that the
£10,000 funding rapidly inserted in the
1996/1997 budget has now been lost and at a
meeting in February Councillors approved that it
be spent on another 1997/1998 project brought
forward. They will also be asked to earmark a
sum in the to 1997/1998 budget for our closure,
in the hope that, if a PI is decided on it goes
the right way.
So, summing up,
the timetable looks something like this.
Currently:
Committee pressure on Officials to include all
evidence in report. About April 10 17 Report to
Councillors issued. Committee study and react,
lobbying Councillors and considering need to
speak during Public Access time at meeting if
permissible. April 18: Transportation Sub
Committee meets and decides whether to face up
to PI or not; it may also be invited to decide
on earmarking 1997/1998 funds. During 97: Public
Inquiry formally announced and Committee gathers
support and representation to speak and write
in. Later in 97: Public Inquiry held. Much
later: PI Inspector issues decision.
Once the PI is
announced if Councillors go ahead there will be
an even stronger need for individual letters of
support and volunteers to speak at it. These
avenues are open to anyone and your Committee
will coordinate and advise on the detail. It may
also be necessary to engage legal advice and the
Society's Solicitor, Thomas Shepherd of Thrings
& Long has already indicated his willingness
to help.
Aux barricades!
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