Update From Councillor Jim Campbell

Recently, the rather arcane subject of Traffic Regulation Orders (TROs) has become quite a hot topic. Not only in relation to the Low Traffic Neighbourhood proposals for the East Craigs area, but also here in Trinity. TROs are legal instruments that Roads Authorities (a distinct legal hat the Council also wears) used to change the management of our roads. Together with Redetermination Orders (the legal authority to change the status of roads), they form a body of law that protects public highways and byways. Being able to move around freely, to trade goods and services, are still fundamental parts of our society, even if a little more has moved on-line these last six months. Given this importance, statute sets exacting standards that Roads Authorities must follow. This includes the need to advertise proposed change, the right to object and a clear quasi-judicial process that must be followed before a decision is reached. The kind of changes covered include: making a road a pedestrian precinct, changes to parking restrictions, the creation of disabled parking bays, closing a road to through traffic, changing speed limits, installing bicycle storage sheds and so on. The changes are advertised on-line and with notices in the area. Don’t underestimate the importance of official notices tied to lampposts; you never know what it might be alerting you to! We also have Temporary Traffic Regulation Orders (TTROs). In this case, no notice is required, and they can come into force immediately, but only for a limited time. These are typically used where repairs are needed. Utility companies, for example, have statutory rights to be able to dig up the road, as installing or repairing utilities is considered to be in the public interest. Early in the Coronavirus pandemic, the Government observed that TTROs could be used to change the allocation of road space as part of a response to a public health emergency. This didn’t involve new legislation, just a re-interpretation of existing powers. A prudent step facilitate social distancing; the Spaces for People programme was born. The statutory justification for using a TTRO remained the same; it had to be reasonable and proportionate to the public safety issue it was seeking to address. Given that TTROs are much easier route for Authorities, there was always a danger that they might be misused. That seems to be what happened at East Craigs, where residents have been campaigning to preserve their rights under a full TRO process. There is no doubt the lack of any statutory consultation has lead to poorly received measures at Morningside, George IV Bridge, the “floating” bus-stops & disabled parking bay, amongst others. At least the absence of any supporting modelling stopped the outrageous proposals to stop private vehicles travelling north/ south through the centre of Edinburgh. In our own area, locals have been more likely to contact me about parking. Some residents oppose any loss in parking space, others are keen on residents’ parking permits, while others still are exercised about the obstruction parked cars can cause. A related concern I also hear is about the safety of children getting to or from school, including reports of poor behaviour that drivers sometime display on the “school run”. I am disappointed that planned improvements at our local primary schools have not been delivered as I write this; they are promised. There can be little doubt of the significant pressure on our road space and the way we use it. Active Travel is a great choice in terms of individual & population health outcomes, and lower levels of pollution & congestion. Even residents who are unable to travel actively will still benefit. But it won’t solve the tensions over the competing uses of scarce road space. Just as well we have a body of legislation to govern changing priorities that has evolved over many years. We should use it! As ever, I can be contacted at the City Chambers on 0131 529 4235, or better still, by email: jim.campbell@edinburgh.gov.uk.