Issue - meetings

The Cabinet Member is asked to consider a referral from the Environment and Transport Select Committee requesting that the decision in relation to the Speed Limit on A245 Stoke Road taken on 21 November 2012 be reconsidered. The Cabinet Member’s decision was as follows:

 “That the Elmbridge Local Committee request for a reduction of the current speed limit on the A245, Stoke Road, Stoke D’Abernon, from its existing 40 mph, to 30 mph, between the existing 30 mph limit near Leigh Hill Road to a suitable point just east of the Chelsea Football Club training ground, not be endorsed”.

The referral from the Select Committee arises from its consideration of the Cabinet Member’s decision at its meeting on 10 December 2012 following a request by three of its members that the matter be called-in for review.

It is RECOMMENDED that the Cabinet Member consider the referral from the Environment and Transport Select Committee before agreeing whether the decision taken on 21 November 2012 be amended or not, before adopting a final decision.

Reason for decision

To consider the referral from the Environment and Transport Select Committee and agree a final decision as to whether the current speed on the A245 Stoke Road, Stoke D’Abernon, be reduced from its existing 40 mph, to 30 mph, between the existing 30 mph limit near Leigh Hill Road to a suitable point just east of the Chelsea Football Club training ground.

After careful consideration of the referral from the Environment and Transport Select Committee, requesting that the decision in relation to the speed limit on A245 Stoke Road, Stoke D’Abernon, taken at his meeting on 21 November 2012 be re-considered, together with advice from the Road Safety & Traffic Management Officer, Surrey Police and the Highways officers, he agreed that he would not endorse the reduction from 40mph to 30mph as requested by Elmbridge Local Committee, for the stretch of road between the existing 30mph limit near Leigh Hill Road to a suitable point just east of the Chelsea Football club training ground.

To consider the call-in of the Cabinet Member decision of 21 November 2012 to not endorse the Elmbridge Local Committee request for a reduction of the speed limit on the A245 Stoke Road, Stoke D’Abernon, from its existing 40 mph, to 30 mph, between the existing 30 mph limit near Leigh Hill Road to a suitable point just east of the Chelsea Football Club training ground.

Witnesses:

Frank Apicella, Surrey Highways

John Butcher, County Councillor

David Hollingsworth, Neighbourhood Inspector, Elmbridge

Key points raised during the discussion:

1.    The Chairman of the Environment & Transport Select Committee introduced the witnesses and explained how the call-in meeting would be structured. Each witness would be provided with five minutes to provide a statement. The Members who called in the decision would have the opportunity to speak for five minutes between them, and Cabinet Member for Transport and Environment would also have an opportunity to speak for five minutes. The Committee would be able to ask questions after each speaker.

2.    The Chairman of the Environment & Transport Select Committee read the following statement:

“As you are all aware, we are here today to consider a call-in of the following Cabinet Member decision:

‘That the Elmbridge Local Committee request for a reduction of the current speed limit on the A245 Stoke Road, Stoke D’Abernon, from its existing 40 mph, to 30 mph, between the existing 30 mph limit near Leigh Hill Road to a suitable point just east of the Chelsea Football Club training ground, not be endorsed.’

I would like to make clear from the outset that this call-in will not be considering the actual decision-making process and I will now set out the reasons for this.

It has been brought to my attention that concerns have been raised as to whether the Cabinet Member has the power to refuse to agree a change in a speed limit that has been requested by a Local Committee. I have been advised by Legal and Democratic Services that this is very much the case.

Under the Scheme of Delegation, the Surrey County Council Constitution grants Local Committees the delegated power to set speed limits on roads in their area. However, the Scheme of Delegation also states quite clearly that the Cabinet Member has the power to determine whether to endorse a speed limit proposed by a Local Committee that is in disagreement with the advice of police and local officers. If the speed limit in such a situation is not endorsed by the Cabinet Member, the speed limit cannot be implemented. The requirement of the Cabinet Member’s endorsement for such a proposal is also detailed in the Council’s Speed Limit Policy.

This was the case with Stoke Road. Elmbridge Local Committee decided that the speed limit should be reduced from 40 mph to 30 mph. However, this is in disagreement with both police and local officers who are of the view that the speed limit should remain at 40 mph. Therefore, the Cabinet Member was required to consider endorsement of the proposed reduced speed limit.

On the 21 November the Cabinet Member decided not to endorse the decision of the Elmbridge Local Committee and it was within his power to do so. The Cabinet Member could have gone against the advice of the police and local officers should he wished, though this would have been in contrast to previous practice that  ...  view the full minutes text for item 74

To consider whether to endorse the Elmbridge Local Committee’s recommendation that the speed limit on the A244 Stoke Road, Stoke D’Abernon be changed from 40 mph to 30 mph. Under the scheme of delegation, the authority to endorse a new speed limit, which is in discord with the policy, rests with the Cabinet Member for Transport & Environment.

[The decisions on this item can be called in by the Environment and Transport Select Committee]

That the Elmbridge Local Committee request for a reduction of the current speed limit on the A245 Stoke Road, Stoke D’Abernon, from its existing 40 mph, to 30 mph, between the existing 30 mph limit near Leigh Hill Road to a suitable point just east of the Chelsea Football Club training ground, not be endorsed.