COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF LUCAN AREA COMMITTEE

Tuesday, April 24, 2012

MOTION NO. 20

MOTION: Councillor E. Higgins

That the Manager provide a detailed report on what steps can be taken to amend the Control of Parking Bye-Laws 2010 so that Palmerston Village currently subject to an ‘A’ tariff can be instead subject to an ‘A1’ tariff, and secondly to omit the ‘horseshoe’ residential area at Old Lucan Road from pay-parking, as per Motion 20 passed at the last Area Committee Meeting.

REPORT:

Pay and display parking has operated in Palmerston over the last six years and has provided the village with relief from indiscriminate external parking. This parking consisted of three main elements

a)       ‘Park and Ride’ drivers who utilised the high frequency busses on the Lucan QBC adjacent to the village

b)       Staff of Stuarts Hospital availing of convenient parking and who now use internal car parking.

c)       Finally, all day parking from staff in the village that unintentionally used up further parking spaces.  

Any modification in parking controls must be cogent of these original requirements. The profile of the issues outlined above (particularly ‘b’ and ‘c’) cover Monday to Saturday inclusive.

The commercial viability of the village requires good access to available parking. The introduction of Parking Bye Laws and the control of parking in Palmerston has provided these spaces. The enforcement patrols and management requires a sufficient level of presence for the correct operation of the pay and display parking. Each commercial visit by a driver generates economic activity for the village well in excess of that charged for the parking space. Any reduction in parking enforcement and use of parking spaces will have an exaggerated effect on business in the village.

Outlining areas within the village including Old Lucan Road have parking controls to protect residential access and amenity. Permits are available to residents and their visitors to exempt them from parking charges. In the case of the ‘Horseshoe’ area it is noted the adjacent area of Old Lucan Road is an area of concern for residents as significant parking occurs. Any change in parking control must be subject to the full requirements for the introduction of Parking Bye Laws as outlined.

Control of Parking Bye Laws were revised during 2010. The issues pertaining to Palmerston have remained consistent over the last two years. It is however proposed to next revisit these Bye Laws during 2013.

Local Authorities are empowered to create Bye Laws controlling the parking of vehicles on public roads. Any schedules included in the bye laws are integral to the Bye Laws. Any modification of a schedule is considered to be a change to the Bye Laws. To modify a Bye Law the existing Bye Law must be rescinded and a new Bye Law adopted.

The council has made such Bye Laws in 2010 and previously in 2003 (Lucan) and 2005. 

The power of the Council to make such Bye Laws is contained in Section 36 of the Road Traffic Act, 1994 and section 101 of the Road Traffic Act, 1961 

Part (3) of Section 36 of the Road Traffic Act sets out the process, which must be adhered to in progressing the approval of the Bye-Laws under this section:  

Before making bye-laws under this section (other than bye-laws relating to the fees to be paid in respect of the parking of vehicles), a road authority shall: 

Road Traffic Act Requirement:
(a)	Consult with the Commissioner
(b)	Publish a notice in one or more newspapers circulating in the area to which the bye-laws relate—
	(i)	Indicating that it is proposed to make bye-laws under this section
	(ii)	Indicating the times at which, the period (being not less than one month) during which and the place (being a place within their functional area) where a copy of the draft bye-laws may be inspected,
	(iii)	Stating that representations may be made in writing to the road authority in relation to the draft bye-laws before a specified date (which shall be not less than 2 weeks after the end of the period for inspection),
	(iv)	Stating that a copy of the draft bye-laws may be purchased on payment of a fee not exceeding the reasonable cost of making such copies
(c)	Before deciding whether to make the bye-laws and determining their content, consider any observations made to them by the Commissioner or any representations made to them pursuant to paragraph (b) (iii)

 On completion of the public consultation phase of this process a full report is presented to each of the Area Committees prior to adoption by the Council. A substantial duration should be considered for completion of this process.  

The Bye Laws set out the following information with regard to the provision and control of on street parking in relation to areas within the villages mentioned above: 

(a)                the payment of fees, including the manner and proof of payment in respect of the parking of vehicles; 

(b)               the specifying of the amount of any fees payable pursuant to bye-laws under paragraph (c); 

(c)               the specifying of the maximum periods for which vehicles may be parked in specified parking places; 

(d)               the prohibition of the parking of vehicles in a parking place for a period for which a fee is chargeable without the appropriate fee having been paid in the manner specified; 

(e)               the prohibition of the parking of vehicles in a parking place for a longer period than that in respect of which a fee was paid; 

(f)                the specifying of the classes of vehicles which may use a parking place in respect of which a fee is payable; 

(g)               the exemption of specified classes of vehicles from the payment of fees in respect of parking, the conditions under which specified classes of vehicles may be so exempted and the identification of exempted vehicles; 

(h)               that indications given by parking meters shall be treated as evidence until the contrary is shown of such facts and for such purposes as may be specified in the bye-laws.