Asked by: Baroness Wolf of Dulwich (Crossbench - Life peer)
Question to the Department for Transport:
To ask Her Majesty's Government whether experimental road closures made under regulations relating to the COVID-19 pandemic require an Equality Impact Assessment, and if so, (1) whether the results of those Assessment must be published, (2) what the timeframe is for (a) completing and (b) publishing the Assessment, following the closures.
Answered by Baroness Vere of Norbiton - Parliamentary Secretary (HM Treasury)
It is for local authorities to ensure that any changes they propose to make to road layouts are delivered in line with relevant legislation, consultation and noticing requirements.
The Emergency Active Travel Fund (EATF) was announced on 9 May and included £225 million of funding in two tranches for local authorities in England. Alongside the funding, the Government published additional Network Management Duty guidance. This clearly set out what the Government expects local authorities to do in making changes to their road layouts to encourage cycling and walking in response to Covid-19 and to support a green restart and recovery. These measures included road closures, for example to create low-traffic neighbourhoods.
The guidance is clear that the Public Sector Equality Duty still applies, and in making any changes to their road networks, authorities must consider the needs of disabled people and those with other protected characteristics, for example by carrying out Equality Impact Assessments on proposed schemes.
It is for local authorities to ensure any such assessments are carried out in line with relevant procedures.
The Local Air Quality Management regime requires that local authorities review and assess air quality in their area. This will normally include monitoring pollution levels especially where the local authority assesses that air quality objectives may be exceeded.
Asked by: Baroness Wolf of Dulwich (Crossbench - Life peer)
Question to the Department for Transport:
To ask Her Majesty's Government, further to their confirmation that the public sector equality duty still applies in cases where roads have been closed under COVID-19 emergency legislation, whether this obliges local authorities to carry out an Equality Impact Assessment of their road closures.
Answered by Baroness Vere of Norbiton - Parliamentary Secretary (HM Treasury)
It is for local authorities to ensure that any changes they propose to make to road layouts are delivered in line with relevant legislation, consultation and noticing requirements.
The Emergency Active Travel Fund (EATF) was announced on 9 May and included £225 million of funding in two tranches for local authorities in England. Alongside the funding, the Government published additional Network Management Duty guidance. This clearly set out what the Government expects local authorities to do in making changes to their road layouts to encourage cycling and walking in response to Covid-19 and to support a green restart and recovery. These measures included road closures, for example to create low-traffic neighbourhoods.
The guidance is clear that the Public Sector Equality Duty still applies, and in making any changes to their road networks, authorities must consider the needs of disabled people and those with other protected characteristics, for example by carrying out Equality Impact Assessments on proposed schemes.
It is for local authorities to ensure any such assessments are carried out in line with relevant procedures.
The Local Air Quality Management regime requires that local authorities review and assess air quality in their area. This will normally include monitoring pollution levels especially where the local authority assesses that air quality objectives may be exceeded.
Asked by: Baroness Wolf of Dulwich (Crossbench - Life peer)
Question to the Department for Transport:
To ask Her Majesty's Government whether a local authority is obliged to (1) inform, and (2) formally consult, (a) the emergency services, (b) the police, (c) waste disposal services, (d) businesses, (e) other institutions such as charities or schools, and (f) residents in the areas that are directly affected, when it proposes the permanent closure of a road or a permanent restriction on its use by motorised traffic.
Answered by Baroness Vere of Norbiton - Parliamentary Secretary (HM Treasury)
Where a local authority wishes to close a road permanently, it is required to make a permanent traffic regulation order. A permanent order gives legal effect to the closure and any associated restrictions. The procedure for advertising and consulting on traffic regulation orders is set out in The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996.
Before the order can come into force, the regulations require the authority to publish a “notice of proposals” concerning the intended closure in a newspaper circulating in the area. The authority is also required to "take such other steps as it may consider appropriate for ensuring that adequate publicity about the order is given to persons likely to be affected by its provisions". There is then a 21-day period in which members of the public can object to the order.
Asked by: Baroness Wolf of Dulwich (Crossbench - Life peer)
Question to the Department for Transport:
To ask Her Majesty's Government whether local authorities proposing to permanently close roads or divert traffic from existing routes have any obligation to (1) estimate, and (2) consider, the net impact of any such closures or diversions on total national emissions, rather than solely the roads subject to closure or reduction in use.
Answered by Baroness Vere of Norbiton - Parliamentary Secretary (HM Treasury)
Highway authorities are responsible for managing their road networks and for proposing and making all types of Traffic Orders. There is no specific legal requirement for highway authorities proposing to permanently close roads or divert traffic via Traffic Orders to assess the impact on emissions. There are requirements for them to consult, in some circumstances, local businesses, communities and those affected by the changes.
There are specific circumstances when referral of Traffic Orders is made to the Secretary of State, for example, in relation to extending experimental Traffic Orders or where the same road has been closed several times for special events. The Government has no authority to review changes made by Traffic Orders which may impact on emissions.
Elected authorities, including elected mayors, are not provided with any duties under transport legislation to monitor the impact of emissions in their areas of responsibility.
Asked by: Baroness Wolf of Dulwich (Crossbench - Life peer)
Question to the Department for Transport:
To ask Her Majesty's Government what authority they have to review changes of road use introduced by local authorities which have proven to have a demonstrably large and negative effect on total emission levels.
Answered by Baroness Vere of Norbiton - Parliamentary Secretary (HM Treasury)
Highway authorities are responsible for managing their road networks and for proposing and making all types of Traffic Orders. There is no specific legal requirement for highway authorities proposing to permanently close roads or divert traffic via Traffic Orders to assess the impact on emissions. There are requirements for them to consult, in some circumstances, local businesses, communities and those affected by the changes.
There are specific circumstances when referral of Traffic Orders is made to the Secretary of State, for example, in relation to extending experimental Traffic Orders or where the same road has been closed several times for special events. The Government has no authority to review changes made by Traffic Orders which may impact on emissions.
Elected authorities, including elected mayors, are not provided with any duties under transport legislation to monitor the impact of emissions in their areas of responsibility.
Asked by: Baroness Wolf of Dulwich (Crossbench - Life peer)
Question to the Department for Transport:
To ask Her Majesty's Government whether any elected authorities, including elected mayors, other than local authorities have any responsibility to monitor the overall impact on emissions of individual road closures and changes in use introduced within those authorities' boundaries.
Answered by Baroness Vere of Norbiton - Parliamentary Secretary (HM Treasury)
Highway authorities are responsible for managing their road networks and for proposing and making all types of Traffic Orders. There is no specific legal requirement for highway authorities proposing to permanently close roads or divert traffic via Traffic Orders to assess the impact on emissions. There are requirements for them to consult, in some circumstances, local businesses, communities and those affected by the changes.
There are specific circumstances when referral of Traffic Orders is made to the Secretary of State, for example, in relation to extending experimental Traffic Orders or where the same road has been closed several times for special events. The Government has no authority to review changes made by Traffic Orders which may impact on emissions.
Elected authorities, including elected mayors, are not provided with any duties under transport legislation to monitor the impact of emissions in their areas of responsibility.
Asked by: Baroness Wolf of Dulwich (Crossbench - Life peer)
Question to the Department for Transport:
To ask Her Majesty's Government what obligations there are for a local authority to consult in the case of a planned road or traffic measure which will affect general access to a public amenity such as a park.
Answered by Lord Callanan - Parliamentary Under Secretary of State (Department for Energy Security and Net Zero)
For permanent measures affecting the use of a road, the local highway authority making the order must consult certain specified bodies and "other organisations (if any) representing persons likely to be affected by any provision in the order as the order making authority thinks it appropriate to consult". There is no obligation to consult the public directly the authority must publicise its proposals by publishing a notice in a local newspaper at least 21 days before making the order. The authority must also ensure that adequate publicity is provided to those likely to be affected.
For a temporary order, no consultation is required but the order making authority must notify certain specified bodies such as the chief officer of police. The authority must also publicise proposals for temporary measures by publishing a notice in a local newspaper at least 7 days before making the order. For a temporary notice, which has a shorter maximum duration, there is no requirement to publish in advance and the same specified bodies must receive notification no later than the day on which the notice is issued.
Asked by: Baroness Wolf of Dulwich (Crossbench - Life peer)
Question to the Department for Transport:
To ask Her Majesty's Government whether the obligation to consult on planned traffic and road measures which affect public access to an amenity is different or wider than in cases affecting those living or driving in a residential street; and whether that obligation explicitly includes consultation with users who may come from outside the borough in which the amenity lies.
Answered by Lord Callanan - Parliamentary Under Secretary of State (Department for Energy Security and Net Zero)
The consultation requirements for measures that affect access to an amenity or access to a residential street are the same. There is no requirement to consult users of amenities directly, although there is to consult operators of tram cars and local bus routes affected by the proposed measures. Where the measures are to be permanent, there is an obligation to consult "organisations (if any) representing persons likely to be affected by any provision in the order as the order making authority thinks it appropriate to consult".
Asked by: Baroness Wolf of Dulwich (Crossbench - Life peer)
Question to the Department for Transport:
To ask Her Majesty’s Government whether there are any cycle lanes in the UK to which mobility scooters have full access; whether they have considered making this a condition for the construction of fixed cycle lanes; and whether there are any legislative barriers to providing such access.
Answered by Lord Ahmad of Wimbledon - Minister of State (Foreign, Commonwealth and Development Office)
Provision of cycling infrastructure, including cycle lanes, is the responsibility of the local traffic authority. The Department for Transport does not hold data on the number of cycle lanes, nor whether mobility scooters are able to access them. It is for traffic authorities to decide what type of lane to provide and where.
Asked by: Baroness Wolf of Dulwich (Crossbench - Life peer)
Question to the Department for Transport:
To ask Her Majesty’s Government what assessment they have made of the impact of the London Cycle superhighways on the journey times of buses whose routes run parallel to or intersect with the highways.
Answered by Lord Ahmad of Wimbledon - Minister of State (Foreign, Commonwealth and Development Office)
London’s cycle superhighways are a matter for the Mayor and Transport for London (TfL) and the Department has not made any assessment of the impact of their construction on the journey times of buses.
At any time, different bus routes may be affected by delays and/or diversions as a result of construction works related to the cycle superhighway or other factors and TfL regularly updates the travel information on their website to reflect these changes.