Appendix A
Ministerial Directions
Question 1
Do you agree or disagree with the proposed road characteristics that would allow local authorities to consider an exemption order from the pavement parking prohibition? Please be as specific as possible in your reasoning.
Local Authority Exemption Order Regulations
Question 2
Do you agree or disagree that the form of a Pavement Parking Exemption Order should follow a similar format to the TRO example shown above?
Question 3
Are there any additional points you feel should be shown in a Pavement Parking Exemption Order?
Question 4
Are there any alternative formats you feel would be better suited to this type of Exemption Order?
Question 5
Do you agree or disagree that local authorities should have to publish details of their proposals on their website for a period of no less than a week before, and during the consultation response period?
Question 6
Do you agree or disagree that local authorities should keep an archive of all previous and existing notices on their website?
Question 7
Do you agree or disagree that local authorities should display the Notice of Order on appropriate locations such as lampposts in the vicinity of a proposed exemption?
Question 8
Do you agree or disagree with the proposal that there should be no requirement to advertise Notices of Pavement Parking Exemption Orders in the printed press?
Question 9
Do you agree or disagree with the proposal that the same list of consultees for TROs should be applied to the Exemption Orders process, including Police Scotland and the other parties set out above?
Question 10
Do you agree or disagree with the proposal that residencies and businesses, and any other stakeholders present within a set distance of a proposed exemption should have a notice placed through their door or posted to them?
If so, what would you think that minimum set distance should be?
100 metres?
50 metres?
20 metres?
Something else?
Question 11
Do you agree or disagree that local authorities should be able to contact other possible stakeholders they may wish to inform who live out with an established contact vicinity?
Question 12
Are there any other parties who you consider should be formally consulted on a proposed Exemption Order?
Question 13
Do you agree or disagree that there should be a required period of time to allow for written notices of support and/or objection to be made (a consultation response period)?
Question 14
Do you agree or disagree that this period should be for a minimum of 21 days? If no, would you suggest an alternative length of time?
Question 15
Do you agree or disagree that the consideration of notices of support and objections should be handled in a similar way to the existing TRO process?
Question 16
Do you agree or disagree that if no objections are received to an Order then it should be processed by the local authority’s roads department without the need to be approved by a committee?
Question 17
Do you agree or disagree that if there are objections and notices of support then these should be reported to a local authority committee to make a decision, similar to current TRO’s?
Question 18
Do you agree or disagree that objectors should be notified as to when the matter will be put in front of committee and given the opportunity to make representations?
Question 19
Do you agree or disagree that if a local authority cannot make a decision via committee then they could have the opportunity to refer a case to the DPEA to arrange a Public Local Inquiry or a Hearing?
Question 20
Do you agree or disagree that Scottish Ministers should have the opportunity to “call in” a case should a matter of genuine national interest be at stake?
Question 21
Do you agree or disagree that local authorities should be able to modify their proposals only where the modified Order covers less pavement than the area of exemption in the original order?
Question 22
Do you agree or disagree that local authorities should not have to consult on such a modification?
Question 23
Do you agree or disagree that local authorities should not have to advertise the modification except the requirement to place the modified Order on their website?
Question 24
Do you agree or disagree with the proposals in relation to notices to be given when making an Order?
Question 25
Do you agree or disagree with the proposals in relation to notices to be given when amending an Order?
Question 26
Do you agree or disagree with the proposals in relation to notices to be given when revoking an Order?