Supplementary Pack
Argyll and Bute Council · 18 December 2025
Back to Environment, Development and Infrastructure Committee — 18 December 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Argyll and Bute Council Comhairle Earra-Ghàidheal Agus Bhòid Executive Director: Douglas Hendry Kilmory, Lochgilphead, PA31 8RT Tel: 01546 602127 Fax: 01546 604435 DX 599700 LOCHGILPHEAD 15 December 2025 SUPPLEMENTARY PACK ENVIRONMENT, DEVELOPMENT AND INFRASTRUCTURE COMMITTEE - ON A HYBRID BASIS IN THE COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD AND BY MICROSOFT TEAMS on THURSDAY, 18 DECEMBER 2025 at 10:30 AM I enclose herewith item 8 (TRAFFIC REGULATION ORDERS) and item 9 (TEMPORARY TRAFFIC REGULATION ORDERS - REVIEW OF CHARGING AND ADVERTISING) which were marked to follow on the Agenda for the above meeting. Douglas Hendry Executive Director ITEMS TO FOLLOW 8. TRAFFIC REGULATION ORDERS (Pages 3 - 42) Report by Executive Director with responsibility for Roads and Infrastructure Services * 9. TEMPORARY TRAFFIC REGULATION ORDERS - REVIEW OF CHARGING AND ADVERTISING (Pages 43 - 58) Report by Executive Director with responsibility for Roads and Infrastructure Services Environment, Development and Infrastructure Committee Councillor Iain Paterson Councillor John Armour (Chair) Councillor Graham Hardie Councillor Willie Hume Councillor Andrew Kain Councillor Jim Lynch Councillor Tommy MacPherson Councillor Ian MacQuire Councillor Luna Martin Councillor Liz McCabe Councillor Ross Moreland (Vice-Chair) Councillor Gary Mulvaney Councillor Alastair Redman Councillor William Sinclair Councillor Andrew Vennard Councillor Peter Wallace Public Document Pack
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Contact: Julieann Small, Democratic Services Assistant - 01546 604043
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ARGYLL AND BUTE COUNCIL ENVIRONMENT, DEVELOPMENT & INFRASTRUCTURE COMMITTEE ROADS & INFRASTRUCTURE SERVICES 18 DECEMBER 2025 TRAFFIC REGULATION ORDERS 1.0 EXECUTIVE SUMMARY 1.1 This report provides Members with an overview of the Traffic Regulation Order (TRO) process. It also outlines a. the current backlog for processing new orders, b. proposals to progress outstanding amendments, including pre-statutory engagement, and c. the need for additional resources to meet the demand. The key points detailed within the body of the report are as follows • Due to the increase in demand for Temporary Traffic Regulation Orders (TTROs) and Temporary Road Traffic Notices (TRTNs) as well as historical under resourcing, there is a significant backlog of TROs across the Argyll and Bute Area. TROs and TRTNs have explicit timescales which require to be completed and as such with insufficient resource levels, the current staffing of 2 officers have had to prioritise these orders rather than promoting or consolidating TROs. As an example, the two officers managed to complete 6 TROs in the previous 2 years, none of which were particularly challenged or delayed due to objections. Also of note is that one Officer has recently resigned from post, and we will require to recruit for this post in the New Year alongside the other two posts required. • In 2016/17, the service dealt with 14 TRTNs and 19 TTROs. This rose to 110 TRTNs and 65 TTROs by 2024. Unfortunately, this rise in demand has not been matched by increased resources, and this combination of factors has been a significant contributor to the delay in progressing TROs of which we currently have in excess of 100 outstanding. • This has been the subject of various conversations with members and in particular in Oban, Dunoon and Campbeltown as it has affected businesses, public transport services and members of the public, all of whom wish to see improved traffic regulation in their communities. • At present, there are more than 600 TROs recorded in the database, with the earliest of these being dated 1933. Although some of the TROs will have been revoked and replaced by another order, it still leaves a largely unmanageable administrative volume of orders for the current staffing level to manage effectively to support our communities and businesses. Page 3 Agenda Item 8
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• Appendix 1 provides the current TRO programme. The minimum timescale allocated to follow the legislative process for a straightforward TRO with no objections raised at the consultation phases is 28 weeks. However, where there are objections raised for a TRO, and officers are unable to resolve these, then the process can extend to 18 months. On rare occasions where a Reporter is appointed by the Scottish Government (in the case of Luss), this can extend beyond 18 months. • Officers would also highlight that it is an intention to carry out a parking review for our area which will also tie into and potentially follow on from the TRO work. Both areas are closely related and having the TRO work started will also assist in any future Parking Review. 1.2 The report further refers to potential changes to the national approach to how TROs are recorded and managed and how the organisation can prepare for the future. Further details are incorporated into Appendix 4. RECOMMENDATIONS 1.3 It is recommended that the Environment, Development and Infrastructure Committee: a. approve the proposed method for pre-engagement outlined in paragraph 4.7; b. approve the 4 priority areas for addressing the TRO backlog as outlined in paragraph 4.8; c. note that a further report will be brought back to the March 2026 EDI Committee listing the progress on recruiting the new positions with an indicative timeline on how long the consolidation process and outstanding ‘priority’ TROs will take; and d. note that additional resources will be added to TRO work as part of the RIS Review restructuring of the Service. Page 4
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ARGYLL AND BUTE COUNCIL ENVIRONMENT, DEVELOPMENT & INFRASTRUCTURE COMMITTEE ROADS & INFRASTRUCTURE SERVICES 18 DECEMBER 2025 TRAFFIC REGULATION ORDERS 2.0 INTRODUCTION 2.1 This report provides Members with an overview of the Traffic Regulation Order (TRO) process, the current backlog, and proposals to progress outstanding amendments, including pre-statutory engagement, and the need for additional resources to meet the demand. 2.2 The report further provides detail on potential changes to the national approach to how TROs are recorded and managed and how the organisation can prepare for the future. Further details are incorporated into Appendix 4. 3.0 RECOMMENDATIONS 3.1 The Environment, Development and Infrastructure Committee are requested to consider the following three recommendations: a. approve the proposed method for pre-engagement outlined in paragraph 4.7; b. approve the 4 priority areas for addressing the TRO backlog as outlined in paragraph 4.8; c. note that a further report will be brought back to the March 2026 EDI Committee listing the progress on recruiting the new positions with an indicative timeline on how long the consolidation process and outstanding ‘priority’ TROs will take; and d. note that additional resources will be added to TRO work as part of the RIS Review restructuring of the Service. Page 5
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4.0 DETAIL Background 4.1 A Traffic Regulation Order (TRO) is a legal order made by a traffic or roads authority which is used to manage the behaviour of road users where a need to do so has been identified. TROs can be used to implement a wide range of restrictions. The more common types are listed below: i. Speed Order – this type of Order imposes speed limits on roads. Where there is a system of street lighting, and unless changed by Order, the speed limit defaults to 30mph. In these circumstances, no Order is required. ii. Weight / Width / Length Order – this type of Order imposes a weight, width or length (or any mix of the three) restriction on the network. iii. Off-street Car Parking Order – imposes conditions of use on an off-street car park (e.g. must park within a bay, pay & display, time constraints) iv. Disabled Bay Order – Mostly on-street disabled bays but includes a small number of others. v. Traffic Management Order – imposes restriction on street. This can be anything from one-way systems to no waiting (“double yellows”), on-street parking controls, loading bays and so on. 4.2 The council has a complex collection of TROs which can be challenging to understand due to the legal language and the local knowledge of the area, often with orders having numerous amendments which require them to be read through individually by officers prior to any subsequent orders being made in that area. At present, there are more than 600 recorded TROs, with the earliest of these dating back to 1933. Some of the TROs will have been revoked and replaced by another order, but it still leaves a largely unmanageable administrative volume of orders. 4.3 Officers are aware that there is a significant backlog of TROs. In addition to this, it is clear from correspondence from and discussions with Elected Members, businesses, public transport services, and members of the public that there is a demand for this backlog to be cleared but also to make improvements to the relevant towns and villages. Whilst Appendix 1 lists 25 Orders in the current programme which Officers have historically been unable to progress and would prioritise, there are over 100 outstanding Orders which need to be progressed as well as the consolidation of the other orders across our area. 4.4 Appendix 1 shows the current list of prioritised TROs. These are orders that officers have been asked to progress but were delayed due to limited resources. Appendix 3 explains that the minimum time to complete a straightforward TRO, with no objections, is 28 weeks. This demonstrates the complexity and timescales involved. If objections arise and cannot be resolved, the process can take up to 18 months. In rare cases, where a Scottish Government Reporter is required (as happened in Luss), the process can take even longer than 18 months. 4.5 The number of new and amended TROs which need to be processed has increased significantly. In 2016/17 the service dealt with 14 TRTNs and 19 TTROs. This rose to 110 TRTNs and 65 TTROs by 2024. Unfortunately, the resources Page 6
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available to meet this demand have not increased, which has caused frustration for communities and elected members. Due to the available resource and the requirement to prioritise the TTROs and TRTNs, this has meant that TRO progression has been slow and only very simple TRO’s having been managed in the last 10 years. Proposed method for progression of TROs 4.6 The procedural document previously drafted sets out the process for promoting various types of order in full but only considers the statutory requirements. It does not include any pre-engagement processes. For ease of reference, Appendix 3 contains a summarised TRO process. 4.7 For simple TROs (e.g. double yellows at a junction), the statutory process is sufficient. However, for larger or more complex proposals, officers recognise the benefits of a pre-statutory engagement process. This is the recommendation of officers based on local knowledge and previous discussions with members and in particular in Oban, Dunoon and Campbeltown as it has affected businesses, public transport services and members of the public, all of whom wish to see improved traffic regulation in their communities. This is also recognised as best practice and minimises the risk of a judicial review of the implementation of any TRO. The following sets out how officers propose to conduct this type of engagement: i. Officers review the existing TROs for a town and create a map showing this graphically and adding known proposed amendments. ii. Officers meet with Elected Members & Community Councils to further develop proposed amendments. Page 7
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iii. Thereafter, prepare plans for public engagement and host drop-in sessions for the local community to offer comment (including amendments) to the proposals; this for consideration and to maximise engagement. Will also include an online option for comments to be submitted. iv. Present final proposals to the local Area Committee for approval to proceed with the formal TRO process. v. Commence statutory TRO procedure. 4.8 The four areas below have been prioritised by Officers: • Oban – Officers have identified 7 speed orders and 36 traffic management orders. • Dunoon / Sandbank, Kirn & Innellan – Officers have identified 20 speed orders and 53 traffic management orders. • Campbeltown – Officers have identified 7 speed orders and 18 traffic management orders. • Bute – the proposal includes consolidating all existing speed restriction on Bute into a single Order and doing the same for Traffic Management Orders. Officers have identified 13 speed orders and 26 traffic management orders. 4.9 As previously highlighted, the RIS Review has identified the area of TROs and resource levels as a priority. It is anticipated that additional officers (x2), with the division (e.g. split east-west) of areas and the refocusing of the officers on TROs, will allow a much speedier progression through the backlog and consolidations. It also has the added benefit of preparing the authority for prospective future requirements, including the likelihood of a move to Digital TROs (“D-TROs”). This is expected to become a statutory requirement in England on completion of an initial trial period and once associated regulations are affirmed (See Appendix 4), and it is anticipated that Scotland will follow this example. 4.10 The proposed additional resource, detailed in paragraph 4.9, seeks to take the mapping of TROs from an aspirational level to a deliverable action. It should however be noted that it will take time to go through the appropriate application process and is dependent on the qualifications of applicants; there is more than likely a requirement for training too which could mean a delay of at least 6 months before the TRO consolidation works can be started. Page 8
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4.11 Whilst at this time and until we have recruited the extra resources, Officers are unable to provide an accurate timescale to advise on how long the process of consolidating the orders or promoting the prioritised orders as this is a very specialised area of work where applicants will require to have a knowledge of legislation coupled with traffic management expertise. Officers will be in a better position to advise at the March 2026 EDI Committee when we have recruited staff and will know whether further training is required to allow them to carry out the work. 5.0 CONCLUSION 5.1 Para 4.7 sets out the five steps that officers will follow when carrying out local consultation on all but the most straightforward of TROs. 5.2 As noted within the report, there is a demand for new restrictions, consolidation and for progress to be made with the current backlog. The report also makes recommendations on officer-suggested priority in taking TROs forward in specific areas. 5.3 The report also identifies that to provide a more resilient and sustainable TRO programme; the current resource level is insufficient and will not deliver progress on TROs without enhancement to the team. 6.0 IMPLICATIONS 6.1 Policy – The Traffic Regulation Orders Procedural Document requires to be updated to reflect recent legislative changes and expand to fully cover TTROs, TRTNs, Motor Sport Orders, Pavement Parking and to reflect pre-engagement strategies. 6.2 Financial – increased team will be funded from existing resources as part of the RIS Review restructure. 6.3 Legal – Amendments to the Traffic Regulation Orders Procedural Document to reflect recent changes to legislation. 6.4 HR – An increase in staff resource will require appropriate training and management. 6.5 Customer service – pre-engagement strategies will provide a better customer service. 6.6 Risk – long term there is probable move to D-TROs. The present backlog and format of TROs would make this move extremely difficult to accomplish. 6.7 Climate change – n/a. 6.8 Fairer Scotland Duty – n/a. Page 9
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6.9 Equalities: protected characteristics – n/a. 6.10 Consumer duty – n/a. 6.11 Island communities – amendments to the Traffic Regulation Orders Procedural Document will include impact of the Islands (Scotland) Act 2018. 6.12 Children’s Rights and Wellbeing – n/a. Executive Director with responsibility for Roads and Infrastructure Services: Kirsty Flanagan Policy Lead for Roads, Transport and Amenity Services: Councillor John Armour December 2025 For further information contact: Stuart Watson, Assistant Network & Standards Manager stuart.watson@argyll-bute.gov.uk Hugh O’Neill – Network & Standard Manager hugh.oneill@argyll-bute.gov.uk APPENDICES Appendix 1 – Current TRO Programme Appendix 2 – Traffic Regulation Orders Procedural Document, v3.1 Appendix 3 - TRO process Appendix 4 – Digital TRO enhancements Page 10
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Appendix 1 – Current TRO Programme Area Scheme Current Status Bute & Cowal Sandhaven to Cothouse 40mph on hold due to Police Scotland objection Bute & Cowal Cowal Weight Restrictions Not Commenced Bute & Cowal A844 Ascog to Kerrycroy 30mph Speed Limit Not Commenced Bute & Cowal Dunoon TRO Review Not Commenced Bute & Cowal Bute TRO Review Not Commenced Bute & Cowal Strachur Speed Limits Commenced Bute & Cowal Millhouse 40mph Not Commenced Helensburgh & Lomond Off Street Parking Duck Bay Car Park Initial discussions have identified a number of issues that require further review Helensburgh & Lomond On Street Parking Auchendennan Road Initial discussions have identified a number of issues that require further review Helensburgh & Lomond Glen Loin 2, Arrochar Requires amendment to plan Mid Argyll, Kintyre & Islay Consolidate off street parking orders (MAKI off street, Inveraray & Lorne Street Not Commenced Mid Argyll, Kintyre & Islay Amend MAKI Car Park Order re Burnside square (weight limit and events) Not Commenced Mid Argyll, Kintyre & Islay Speed limit order for Islay Housing, Bruichladdich Not Commenced Mid Argyll, Kintyre & Islay Cycleway redetermination order, Campbeltown Commenced Mid Argyll, Kintyre & Islay Consolidation Order - Lochgilphead on street (~ 87 orders) Not Commenced Mid Argyll, Kintyre & Islay Campbeltown Town Centre Order review Not Commenced Mid Argyll, Kintyre & Islay Port Askaig Pier - TRO Not Commenced Mid Argyll, Kintyre & Islay Kilmartin 30mph extension Commenced Oban, Lorn & the Isles Lorn Road, Dunbeg Waiting Restrictions Not Commenced Oban, Lorn & the Isles Mull Off Street Parking Order Not Commenced Oban, Lorn & the Isles Tobermory On Street Traffic Management Not Commenced Page 11
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Oban, Lorn & the Isles Consolidation Order for Oban on-street restrictions (7+ orders) Not Commenced All Areas Amend car park order re EV bays Not Commenced All Areas Consolidation Order - Disabled Bays Not Commenced All Areas School Zig Zag Orders Not Commenced Page 12
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Traffic Regulation Orders Procedural Document Version Control Number Effective Date Amendment Version 1.0 16/3/18 Initial version to be used as baseline for future changes as required Version 3.0 June 2020 Following the Traffic Regulation Order Process Review amendments have been made including: referring to CDO for additional consultees at Consultation 2; adding paragraphs re TROs for on & off street parking and speed limits; TRO forms have been updated; a number of changes to job titles and service names. Version 3.1 20 July 2021 No further changes made post review. Version Control Number Review Date V3.0 20 July 2021 V3.1 20 July 2022 Page 13
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Version 3.0 April 2020 1 Contents 1. Introduction 2. Overview of Traffic Regualtion Orders 3. Types of Traffic Order 4. Temporary Restriction by Traffic Notice 5. Temporary Restriction by Emergency Notice 6. Temporary Traffic Regulation Order (TTRO) 7. Temporary Order Made Under the Roads (Scotland) Act 1984 8. Traffic Regulation Order (TRO) 9. Experimental Traffic Orders 10. Stopping Up and Redetermination of Means of Exercise of Public Right of Passage 11. Disabled Persons Parking Places 12. Authority to Make Traffic Regulation Orders 13. Roles and Responsibilities in relation to TROs 14. Timescales 15. Appendix 1 - Procedure for Temporary Restriction by Traffic Notices 16. Appendix 2 - Procedure for the promotion of Temporary Traffic Regulation Orders (TTROs) 17. Appendix 3 - Procedure for the promotion of Permanent Traffic Regulation Orders (TROs) 18. Appendix 4 - Stopping Up and Redetermination of Means of Exercise of Public Right of Passage 19. Appendix 5 - TRO Forms Page 14
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Version 3.0 April 2020 2 1. Introduction 1.1. This document sets out the procedures for the promotion of Traffic Regulation Orders. It encompasses the complete process from initial investigation, consultation, preparation of report and draft Order, to the making and implementation of the made Order. Please use in conjunction with the relevant internal checklists, forms and templates. 1.2. It is, however, only a procedural document and reference will require to be made to the Road Traffic Regulation Act 1984 (RTRA), The Local Authorities’ Traffic Orders (Procedures) (Scotland) Regulations 1999 (R1999), The Road Traffic (Temporary Restrictions) Procedure Regulations 1992 (R1992), The Disabled Persons’ Parking Places (Scotland) Act 2009 (DPPPSA ), the Roads (Scotland) Act 1984, (RSA) The Stopping Up of Roads and Private Accesses and the Redetermination of Public Rights of Passage (Procedure) (Scotland) Regulations 1986 (R1986) where appropriate, and all the other relevant Acts and guidance notes. 1.3. Reference will also require to be made to the terms of the Argyll and Bute Council Constitution Part C: Scheme of Administration and Delegations which sets out the delegated authority given to Area Committees and the delegated authority given to Council Officers in respect of the making of Traffic Regulation Orders. NB the Scheme of Delegation is subject to change periodically. Please contact Legal & Regulatory Support for further information. Page 15
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Version 3.0 April 2020 3 Initial Proposal Received and Assessed Temporary Restriction by Traffic Notice Type of Order Required Service Officer prepares Traffic Notice and recharge forms Permanent Traffic Regulation Order (TRO) Traffic Notice forwarded to T.O to arrange display on site and to circulate information round parties on the Consultation 1 list T.O. forwards information of what is required to Service Officer Service Officer to processes recharge form T.O undertakes Consultation 1 and resolves any matters raised Service Officer prepares draft Order, Statement of Reasons, CAD Plan and Public Notices Service Officer to obtain approval to move on to the Public Notification stage from AN&S Manager T.O. undertakes initial development work and forwards proposal to AN&S Manager for approval to proceed T.O. forwards detailed information and plans to Service Officer Service Officer will liaise with CDO to agree consultees and thereafter undertake Statutory Consultation (21 days) Service Officer undertakes Public Notification (21 days) Flow Chart1: Basic TRO Process – please refer to appendices for more detail on each stage AN&S Manager to try and resolve any objections raised during Public Notification Area Committee considers all objections made in accordance with Reg 7 of R1999 and not withdrawn Order Signed and Sealed by Legal & Regulatory Support Members determine that they wish to proceed with the making of the order which is subject to the requirement for a Mandatory Hearing or Members determine that a Discretionary Hearing should be held prior to the matter being determined Pause to allow procedural objections (6 weeks) Restriction is implemented Hearing before an Independent Reporter arranged Proposal Abandoned Members determine that order should be made without the requirement for a discretionary hearing T.O. issues TTRO application form to applicant for completion with site visit if required T.O. checks completed application form and confirms recharge arrangements and accommodation measures in writing T.O. undertakes Consultation No 1 T.O. forwards completed forms and checklist to Service Officer and AN&S Manager Service Officer prepares Order, sends to Legal & Regulatory Support for signing and arranges Public Notices, press advertising and information on website Public Notice forwarded to T.O to arrange display on site Service Officer to process recharge form Order Signed and Sealed by Legal & Regulatory Support Temporary Traffic Regulation Order (TTRO) Where Mandatory Hearing is required and members determine that order is to be made at variance with Reporter’s recommendations Members accept recommendation for approval and determine order should be made Members determine to amend or not to make the order. Proposal Abandoned Procedure followed in accordance with R1999 to make the order Members accept the recommendation for refusal Members consider the report and recommendations of the Reporter Objections Received No Objections or objections resolved and withdrawn Page 16
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Version 3.0 April 2020 4 2. Overview of Traffic Regulation Orders 2.1. With specific reference to the promotion of Traffic Regulation Orders Section 1 of the RTRA permits the Local Road Authority and the Scottish Government (with respect to Trunk Roads) to make Traffic Regulation Orders with respect to any road (including private roads) in order to: a) avoid danger to persons or any other traffic using the road or any other road or for preventing the likelihood of any such danger arising; b) prevent damage to the road or any building on or near the road; c) facilitate the passage of vehicular or pedestrian traffic on the road or any other road; d) prevent the use of the road by vehicular traffic of a kind which, or its use by vehicular traffic in a manner which, is unsuitable having regard to the existing character of the road or adjoining property; e) preserve the character of the road in a case where it is specially suitable for use by persons on horseback or on foot; f) preserve or improve the amenities of the area through which the road runs. g) for any of the purposes specified in paragraphs (a) to (c) of subsection (1) of section 87 of the Environment Act 1995 (air quality). 2.2. Traffic Regulation Orders may make provision restricting or regulating the use of a road or any part of the width thereof by vehicular traffic or by such traffic of any class specified in the Order at all times or at any times on days or during periods specified. 2.3. An Order may: a) require vehicular traffic, or vehicular traffic of any class specified in the order, to proceed in a specified direction or prohibit it so proceeding; b) specify the part of the carriageway to be used by such traffic proceeding in a specified direction; c) prohibit or restrict the waiting of vehicles or the loading and unloading of vehicles; d) prohibit the use of the road by through traffic; e) prohibit or restrict overtaking 2.4. A Traffic Regulation Order shall not be made with respect to any road which would have the effect of preventing access for pedestrians, or of preventing access for vehicles as specified in Section 3 of the RTRA. 3. Types of Traffic Order 3.1. There are a number of different types of Traffic Orders commonly made: a) Temporary Restriction by Traffic Notice b) Temporary Restriction by Emergency Notice c) Temporary Traffic Regulation Order (TTRO) d) Temporary Order Made Under the Roads (Scotland) Act 1984 e) Traffic Regulation Order (TRO) f) Experimental Traffic Order g) Stopping Up and Redetermination of Means of Exercise of Public Right of Passage h) Disabled Person’ Parking Places 3.2. A summary of each Traffic Order is provided in Paragraphs 4 – 11 of this document. Page 17
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Version 3.0 April 2020 5 3.3. Please refer to the relevant section of the governing legislation for full detailed information and to resolve any queries that may arise. 3.4. The Argyll and Bute Council internal procedures to be followed are detailed in the relevant appendices. 4. Temporary Restriction by Traffic Notice (Issued under Section 14 (2) of RTRA also referred to as a 5 day notice) 4.1 Section 14(2) of the RTRA permits the Local Roads Authority to, by notice, impose temporary restrictions or prohibitions the use of a road, or any part of it, by vehicles, classes of vehicles or pedestrians. This may be done where it appears to them that the restriction or prohibition should come into force without delay because it is; a) necessary or expedient for works being or proposed to be executed on the road; b) necessary of expedient for the purpose of litter clearing and cleaning in terms of the duty imposed by section 89(1)(a) or (2) of the Environmental Protection Act 1990. 4.2 The authority must have regard to the existence of alternative routes suitable for the traffic affected by the notice. 4.3 The notice must not have the effect of preventing at any time access for pedestrians to any premises situated on or adjacent to the affected road or to any other premises accessible for pedestrians from, and only from, the road 4.4 The notice shall not continue in force for more than 5 days from the date of the notice. 4.5 Procedure for the issue of this notice is found in Appendix 1. 5. Temporary Restriction by Emergency Notice (issued under Section 14(2) of the RTRA) 5.1 Section 14(2) of the RTRA permits the Local Roads Authority to, by notice, impose temporary restrictions or prohibitions on the use of a road, or any part of it, by vehicles, classes of vehicles or pedestrians. This may be done where it appears to them that the restriction or prohibition should come into force without delay because it is necessary because of the likelihood of danger to the public, or serious damage to the road, which is not attributable to works being or proposed to be executed on the road. 5.2 This form of notice can remain in force for a period up to twenty-one days. 5.3 The authority must have regard to the existence of alternative routes suitable for the traffic affected by the notice. 5.4 The notice must not have the effect of preventing at any time access for pedestrians to any premises situated on or adjacent to the affected road or to any other premises accessible for pedestrians from, and only from, the road. Page 18
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Version 3.0 April 2020 6 5.5 This notice can be renewed by one (but not more than one) further notice under s14(2)(b) of the RTRA (not more than 42 days continuous closure). 5.6 Procedure for the issue of this notice is found in Appendix 1. 6. Temporary Traffic Regulation Order (TTRO) 6.1 Section 14(1) of the RTRA permits the Local Roads Authority to impose temporary restrictions by Order if it is satisfied that traffic on a road should be restricted or prohibited: a) because works are being or are proposed to be executed on the road; or b) because of the likelihood of danger to the public, or of serious damage to the road, which is not attributable to such works; or c) for the purpose of litter clearing and cleaning. Note: This process should not be used for processions, please refer to the Assistant Network & Standards Manager (T&D) for further guidance relating to processions. 6.2 The order may restrict or prohibit temporarily the use of that road, or any part of it, by vehicles, classes of vehicles or pedestrians to such extent and subject to such conditions or exceptions as the Local Roads Authority consider necessary. 6.3 When considering the making of an order an authority requires to have regard to the existence of alternative routes suitable for the traffic which will be affected by the order or notice. 6.4 The notice must not have the effect of preventing at any time access for pedestrians to any premises situated on or adjacent to the affected road or to any other premises accessible for pedestrians from, and only from, the road. 6.5 The Order can remain in force for up to eighteen months, or six months if it is in respect of a footpath, bridleway, cycle path or byway open to all traffic, from the date it comes into force. 6.6 The time-limit of eighteen months does not apply to an order made for the reason that works are being or are proposed to be executed on the road if the authority making it are satisfied, and it is stated in the order that they are satisfied, that the execution of the works in question will take longer; but in any such case the authority shall revoke the order as soon as the works are completed. 6.7 Scottish Ministers may, at the request of the Local Roads Authority, direct that an order which is in force for a period not exceeding eighteen months will remain in force for a further period not exceeding 6 months. Minsters must be satisfied that that the authority is proposing to make a permanent order mirroring the temporary provisions but, due to the procedure for making the permanent order the authority will not be able to make it before the temporary order expires. 6.8 Section16A of the RTRA provides that if the traffic authority for a road are satisfied that traffic on the road should be restricted or prohibited for the purpose of: Page 19
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Version 3.0 April 2020 7 a) facilitating the holding of a relevant event, b) enabling members of the public to watch a relevant event, or c) reducing the disruption to traffic likely to be caused by a relevant event, the authority may by order restrict or prohibit temporarily the use of that road, or any part of it, by vehicles or vehicles of any class or by pedestrians, to such extent and subject to such conditions or exceptions as they may consider necessary or expedient. A ‘relevant event’ means “any sporting event, social event or entertainment which is held on a road. Note: This process should not be used for processions, please refer to the Assistant Network & Standards Manager (T&D) for further guidance relating to processions. 6.9 Before making an order under s16A the authority requires to satisfy itself that it is not reasonably practicable for the event to be held otherwise than on a road. 6.10 When considering the making of an order under this section, an authority requires to have regard to the safety and convenience of alternative routes suitable for the traffic which will be affected by the order. 6.11 No order under s16A shall be made which would have the effect of preventing at any time access for pedestrians to any premises situated on or adjacent to the road, or to any other premises accessible for pedestrians from, and only from, the road. 6.12 Organisers should allow a minimum of 12 weeks’ Notice from submission of a written application with full supporting information, to allow full consultation to take place with other interested parties, advertising and notification, before an Order is to come into effect. Exceptions will be considered on a case by case basis. 6.13 Closures cannot last more than 3 days unless the Scottish Ministers, in accordance with powers under s16B of the RTRA, at the request of the Local Roads Authority, direct that the order shall continue in force. 6.14 Where an order has been made under s16A in respect of a length of road in any calendar year, no further order may be made under that section, in that year, so as prohibiting or restricting traffic on that length of road, or suspend any statutory provision applying to traffic on that length of road, unless the further order is made by the Scottish Ministers or is made with their consent. Note: There is no right of objection contained within The Road Traffic (Temporary Restrictions) Procedures Regulation 1992 to the introduction of Temporary Orders. This does not, however, preclude the possibility of an interim interdict being served on the Council. Procedure for the promotion of TTROs is found in Appendix 2 7. Temporary Order Made Under the Roads (Scotland) Act 1984 7.1 Section 62 of the RSA provides that where as regards any road an order under neither Section 14 nor s16 of the RTRA can be made but the roads authority considers that Page 20
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Version 3.0 April 2020 8 considerations of public safety or convenience require, or makes it desirable that there should be, a temporary restriction on, or temporary prohibition of, traffic or foot passage on the road, the Local Roads Authority may make an Order imposing, such restrictions or prohibitions and, where practicable, specifying an alternative route or routes, under Section 62 of the Roads (Scotland) Act 1984. Note: This process should not be used for processions, please refer to the Assistant Network & Standards Manager (T&D) for further guidance relating to processions. 7.2 An order under s62 of the RSA cannot have the effect of preventing at any time access for foot passengers to any premises situated on or adjacent to the road or to any other premises accessible for foot passengers only from the road. 7.3 The order may relate to vehicles, or persons, in general or to a class thereof; and may be subject to such conditions or exceptions as are considered necessary by the roads authority. 7.4 “Temporary” is defined in s62 of the RSA as meaning for a period not exceeding seven days. This type of Temporary Order can only remain in force for a period not exceeding seven days. 7.5 Notice of an order under s62 of the RSA requires to be given by the roads authority by advertisement in a newspaper circulating in the area to which the order relates; the order will not come into effect before the date of the advertisement. 7.6 The Order is sent to Legal & Regulatory Support to be signed and sealed. 7.7 Any large off road public event, e.g., street fairs, parties, etc., should be promoted under the terms of the RSA. 8. Traffic Regulation Order (TRO) 8.1 Local traffic authorities are empowered by s1 of the RTRA to make Traffic Regulation Orders. Such orders may be made to address matters of roads safety, amenity or damage prevention. S2 of the RTRA sets out a range of measures that may be included in an order. Essentially, an order may provide for the prohibition, restriction, or regulation of the use of a road, or any part of the width of the road, by vehicular traffic or classes of vehicular traffic. The prohibitions, restrictions or regulations may be imposed generally or subject to exceptions. S2 sets out specific measures that may be included in an order as follows; a) requiring vehicular traffic, or vehicular traffic of any class specified in the order, to proceed in a specified direction or prohibiting it so proceeding; b) specifying the part of the carriageway to be used by such traffic proceeding in a specified direction; c) prohibiting or restricting the waiting of vehicles or the loading and unloading of vehicles; d) prohibiting the use of roads by through traffic; or e) prohibiting or restricting overtaking. Page 21
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Version 3.0 April 2020 9 8.2 A traffic regulation order may also contain provisions prohibiting, restricting or regulating the use of a road, or of any part of the width of a road, by, or by any specified class of, pedestrians either generally or subject to exceptions specified in the order, and either at all times or at times, on days or during periods so specified. It may also contain provisions specifying through routes for heavy commercial vehicles, or prohibiting or restricting the use of heavy commercial vehicles (except in such cases, if any, as may be specified in the order) in such zones or on such roads as may be specified, as the local roads authority consider expedient for preserving or improving the amenities of their area or of some part or parts of their area. 8.3 S3 of the RTRA provides that a Local Roads Authority may not make an order that would have the effect of preventing at any time access for pedestrians, or of preventing for more than 8 hours in any period of 24 hours access for vehicles of any class, to any premises situated on or adjacent to the road, or to any other premises accessible for pedestrians, or (as the case may be) for vehicles of that class, from, and only from, the road. So far as the restriction under s3 relates to vehicles, it will not have effect in so far as the authority making the order are satisfied, and it is stated in the order, that they are satisfied, that— a) for avoiding danger to persons or other traffic using the road to which the order relates or any other road, or b) for preventing the likelihood of any such danger arising, or c) for preventing damage to the road or buildings on or near it, or d) for facilitating the passage of vehicular traffic on the road, or e) for preserving or improving the amenities of an area by prohibiting or restricting the use on a road or roads in that area of heavy commercial vehicles, it is requisite that the restriction should not apply to the order. The provisions of Schedule 9, Part II, Paragraph 13 of the RTRA will apply to the making of such an order. 8.4 A traffic regulation order made under s1 of the RTRA may not prevent access at any time for pedestrians or regulate the speed of vehicles on roads. See Part VI of the RTRA for provisions on Orders relating to Speed Limits. 8.5 Under s32 of the RTRA a Local Authority can designate off street parking places. A traffic regulation order can be made under s35 of the RTRA to make provision as to the use of those parking places which includes the classes of vehicles entitled to use them, the conditions on which they may be used and the charges to be paid in connection with their use. 8.6 Under s45 of the RTRA a Local Authority may by order designate paid for parking places on roads. A traffic regulation order under this section may designate the parking places for use only by such persons or vehicles of a class permitted by the order and can be subject to conditions for example the duration of stay and times parking is permitted and may or may not impose a charge. 8.7 Under s84 of the RTRA, a Local Authority can make an order to prohibit the driving of a motor vehicle on a road at a speed that exceeds that specified by the order. Page 22
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Version 3.0 April 2020 10 8.8 Procedure for the promotion of TROs is found in Appendix 3 9. Experimental Traffic Orders 9.1 A Local Roads Authority may, for the purposes of carrying out an experimental scheme of traffic control, make an order under s9 of the RTRA (referred to in the Act as an “experimental traffic order”). Such orders may be of particular value for more complex traffic schemes to allow the authority to assess the actual impact of traffic flows rather than relying on a predicted/modelled outcome. An experimental order may contain any provision as may be made by a traffic regulation order. 9.2 An experimental traffic order may not remain in force for more than 18 months. A local roads authority may direct by order that an extant experimental order be extended for a further period ending not later than 18 months after it first came into force. 9.3 The procedure for making an experimental traffic order is similar, although not identical, to that for Traffic Regulation Orders. – Reference should be made to schedule 9 of the RTRA and the R1999. 9.4 At the end of the eighteen month period, a Traffic Regulation Order to the same effect must have been made or the situation must revert to the previous arrangement. 9.5 Please refer to procedure outlined in Appendix 3 10. Stopping Up and Redetermination of Means of Exercise of Public Right of Passage 10.1 Orders to stop up and/or to re-determine the means of exercise of Public Right of Passage over roads are made under the Roads (Scotland) Act 1984. 10.2 S1 of the RSA empowers the roads authority to determine the means of exercise of a public right of passage over a public road, or any part of it. S152(2) of RSA extends the section 1 power to redetermine, by order, the means of exercise of the public right of passage. This power does not extend to private roads. 10.3 Under s68 of the RSA the roads authority has the power to make a stopping up order either on its own initiative or at the request of any person. The order may be made in relation to public or private roads. 10.4 The power contained within s69 of the RSA allows a roads authority to regulate potentially dangerous situations involving private accesses from a road onto other land. The roads authority may be order stop up a private access from a road, public or private, if it considers that it is likely to cause danger to, or to interfere unreasonably with traffic on the road. 10.5 The procedure for making orders under sections 68, 69 and 152(2) of the RSA is contained in R1986. The form of the schedule, plan and advertisement are set out in R1986. Page 23
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Version 3.0 April 2020 11 10.6 Where an objection is made and not subsequently withdrawn, the matter shall be remitted by the authority to the Scottish Minister for their determination. 10.7 Please refer to procedure outlined in Appendix 4 11. Disabled Persons Parking Places 11.1 The general approach of the DPPPSA is to impose a duty on local authorities, in particular circumstances, to exercise its power to make a particular kind of order under either section 45 (street parking places) or section 35 (off-street parking places) of the RTRA. 11.2 The DPPPSA does not amend the RTRA itself in any way. The kinds of orders which local authorities are required to make under the DPPPSA are already open to them under the RTRA. The powers under the RTRA are not affected; rather, the DPPPSA separately imposes a duty to exercise those powers in particular circumstances. 11.3 Once the duty under the DPPPSA is triggered, the provision as to procedure is that applicable under the RTRA. 11.4 The Council must provide an annual report to the Scottish Government detailing all of its actions in relation to the DPPPSA. 11.5 The creation of a disabled parking bay for a qualifying person on application under section 5 of the DPPPSA is promoted as a TRO and follows the procedure outlined in Appendix 3. 12. Authority to Make Traffic Regulation Orders 12.1 The authority to make orders is delegated to Area Committees and Council Officers as laid out in the Argyll and Bute Council Constitution Part C: Scheme of Administration and Delegations. 12.2 Delegation to Area Committees is detailed in Section 2 paragraph 2.4: a) 2.4.1 (9) The regulatory functions of the Council under the Road Traffic Regulation Act 1984 and Roads (Scotland) Act 1984 including to introduce, make, review, amend or revoke any order, or give any direction or notice for application only within the sub-area for which the Committee has responsibility. b) 2.5.5 The regulatory functions of the Council under the Road Traffic Regulation Act 1984 and the Roads (Scotland) Act 1984. 12.3 Delegation to Officers is detailed in Section Three as follows: Page 24
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Version 3.0 April 2020 12 a) Paragraph 34: To carry out the following functions of the Council in terms of the Roads (Scotland) Act 1984:- (16) After consultation with the Chief Constable under Section 62 in relation to the temporary prohibition or restriction of traffic on roads for reasons of public safety or convenience; (38) To exercise the functions of the Council under Section 152(2) to re-determine the means of exercise of a public right of passage over a road; b) Paragraph 35: To carry out the following functions of the Council in terms of the Road Traffic Regulation Act 1984:- 1) Under Section 14 in relation to the temporary prohibition or restriction of traffic on roads; c) Paragraph 36: To arrange for the advertisement of any proposal for the making, revocation, or variation of Orders and Schemes under The Road Traffic Regulation Act 1984; and Sections 68, 69, 70 & 71 of the Roads (Scotland) Act 1984 and where no objections have been received to make the order in the terms promoted by the Council. d) Paragraph 40:To exercise the functions of the Council under Section 12 of the Roads (Scotland) Act 1984 in relation to the stopping up or diversion of highways crossing or entering routes of proposed new highways; 13. Roles and Responsibilities in relation to TROs 13.1 The following table summarises the various roles and responsibilities undertaken by Elected Members and Officers at different stages during the process: Position Function Area Committee Authority to Make Traffic Orders as per Argyll and Bute Council Constitution Consideration of Objections Multi Ward Elected Member Included in Consultation 1 Executive Director Development and Infrastructure Authority to Make Traffic Orders as per Argyll and Bute Council Constitution Part C: Scheme of Administration and Delegations Roads and Infrastructure Services Head of Service Oversight of the TRO process as delegated by Executive Director Named as contact promoting TRO in Public Notices Assistant Network & Standards Manager (T&D) (as delegated ) Authorises initial development of TRO Authorises moving on to each stage in the process Attempts to resolve objections as required Prepares reports for Area Committee Technical Officer (Traffic & Development) (as delegated) Undertakes initial development work and promotion of schemes Undertakes Consultation 1 for TROs and resolves any issues that may arise Arranges for Public Notices to be displayed locally Page 25
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Version 3.0 April 2020 13 Service Officer – Traffic & Development Drafts TRO documentation Undertakes Public Consultation Undertakes Statutory Consultation Prepares Public Notices Arranges for information to be made available for inspection Kilmory, Customer Service Points, on website and in local papers Arranges for order to be sealed Legal & Regulatory Support Checks drafts of non-routine or complex or contentious draft orders Receives Objections at Kilmory Arranges Hearings if required Signs and seals Orders Operations Team Implements TROs on the ground ( lining, signage etc) Area Committee Manager Writes to objectors to let them know the Area Committee’s decision 14. Timescales 14.1 The timescales involved in making traffic orders – from the initial proposal to implementation of made order on the ground - can vary greatly depending on the type of order required, complexity of the proposal, the number of valid objections received, date of next available Area Committee and whether or not a Hearing is required. 14.2 A Temporary Restriction by Traffic Notice will usually be processed in 4 weeks. 14.3 A Section 14 Temporary Traffic Regulation Order application has to be submitted for processing at least 8 weeks prior to the required date 14.4 A Section 16A Temporary Traffic Regulation Order application has to be submitted for processing at least 12 weeks prior to the required date 14.5 A Section 62 Temporary Traffic Regulation Order application has to be submitted for processing at least 8 weeks prior to the required date 14.6 A Straightforward Traffic Regulation Order will take a minimum of 28 weeks to process, even if there are no objections, due to the pauses for consultation and public notification built into the process and in practice will usually take longer. 14.7 All permanent Traffic Regulation Orders must be made within 2 years of the date of the first Public Notice or the proposal will fail by default unless an application for an extension has been made by the authority to the Scottish Ministers and granted. 14.8 The Scottish Ministers may extend the two year time limit for such period not exceeding 6 months as the Scottish Ministers consider appropriate. 14.9 The Scottish Ministers may grant up to 4 further extensions to the authority. Page 26
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Version 3.0 April 2020 15 Appendix 1 Procedure for Temporary Restriction by Traffic Notices Temporary Restriction by Traffic Notices are to be used for restrictions that last no longer than 5 consecutive days. Temporary Restriction by Emergency Notices are used for emergency closures only. a) Temporary Restriction by Traffic Notice Procedure 1. The Technical Officer (Traffic and Development) forwards the following information to the Service Officer (Traffic and Development): • Date and time closure required • Type of closure required • Name of Roads affected • Reason for closure • Details of diversion routes if required • Confirmation no alternative roads are to be closed at the same time • Confirmation of recharge details 2. The Service Officer (Traffic and Development) prepare a notice of "Temporary Restriction To Use of Road" and forwards to Technical Officer (Traffic and Development). The recharge form is prepared at the same time and kept on file. Details added to TRO spreadsheet. 3. The Technical Officer (Traffic and Development) sends notification of the restriction to all on the TTRO Consultation list. 4. The Technical Officer (Traffic and Development) arranges for the notice to be posted on site and ensures that the Contractor concerned adequately signs both the closure and diversion routes 6. The Technical Officer (Traffic and Development) advises the Service Officer (Traffic and Development) that the work has taken place as planned. 7. The Service Officer (Traffic and Development) processes the recharge paperwork and enters details of the closure in the central office file and updates TRO spreadsheet. b) Temporary Restriction by Emergency Notice Procedure NB: This type of notice is always dealt with immediately 1. The Technical Officer (Traffic and Development) forwards the following information to the Service Officer (Traffic and Development) by e-mail: • Reason why Temporary Restriction by Emergency Notice is required • Type of closure required • Name of Roads affected • Details of diversion routes if required • Length of time closure required • Whether or not a Temporary Traffic Regulation Order will be required 2. The Service Officer (Traffic and Development) prepares a Temporary Restriction by Emergency Notice and e-mails to The Technical Officer (Traffic and Development) 3. The Technical Officer (Traffic and Development) sends notification of the restriction to all on the Consultation 1 list immediately. 4. The Technical Officer (Traffic and Development) arranges for the notice to be posted on site and ensures that both the closure and diversion routes are adequately signed 5. The Service Officer (Traffic and Development) enters details of the restriction in the central office file and updates TRO spreadsheet. 6. If required the Technical Officer (Traffic and Development) begins the process to develop a Temporary Traffic Regulation Order Page 28
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Version 3.0 April 2020 16 Appendix 2 Procedure for the promotion of Temporary Traffic Regulation Orders (TTROs) Stage Step Action Form Stage 1 Start Applicant sends written request for TTRO to the Technical Officer (Traffic and Development) 1. The Technical Officer (Traffic and Development) in conjunction with the Service Officer (Traffic and Development) determines whether the request falls under Section 14 or Section 16A of the RTRA or Section 62 of the RSA and issues the relevant application form to the applicant for completion Internal TTRO-01 External TTRO-2 2. Completed application form and plan to be sent to the Technical Officer (Traffic and Development) by the applicant 3. The Technical Officer (Traffic and Development) checks the application for completeness. Further clarification, discussions and /or site meeting may be required before the application progresses to the next step. 4. The Technical Officer (Traffic and Development) accepts the application which is signed and confirms in writing the following: • Detail of requirements including dates, times and affected roads • Recharge arrangements • Accommodation Measures ( temporary bus stops etc) 5. The Technical Officer (Traffic and Development) completes TTRO checklist and carries out a consultation with the parties on the Consultation 1 list TTRO-03 14 day pause to allow consultation with the parties on the Consultation 1 list to take place 6. The Technical Officer (Traffic and Development) sends the Service Officer Traffic & Development the completed application form (TTRO 1 or TTRO-02) and completed checklist (TTRO3) TTRO -1 TTRO -2 TTRO -3 8. If a Section 16A TTRO, The Service Officer (Traffic and Development) will obtain Scottish Government permission to proceed if the same area has been closed on one other occasion in the Calendar year. 9. The Service Officer (Traffic and Development) prepares the draft Order, and Public Notice and forwards to Legal & Regulatory Support for signing and return to the Service Officer (Traffic and Development) 10. The Service Officer (Traffic and Development) sends a copy of the public notice the Approved Advertising Agency via PECOS who will arrange for an advertisement to be placed in the appropriate local newspaper on the date specified once proof copy approved 11. The Service Officer (Traffic and Development) sends a copy of the Public Notice to the relevant Operations team if required 12. The Service Officer (Traffic and Development) sends a copy of the signed order and location plan to Police Scotland, Scottish Fire & Rescue and Scottish Ambulance Service 13. The Service Officer (Traffic and Development) will be responsible for updating the Traffic Orders Webpage and Tell me Scotland. 14. The Service Officer (Traffic and Development) sends the Public Notice to the Technical Officer Traffic & Development to post on site. 15. The Service Officer (Traffic and Development) prepares and processes the recharge form Page 29
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Version 3.0 April 2020 17 Appendix 3 Procedure for the promotion of Permanent Traffic Regulation Orders (TROs) Stage Step Action Form Stage 1 1 The Technical Officer (Traffic & Development) undertakes the initial development work, including holding an informal discussion with Police Scotland, and will forward all TRO proposals to be promoted to the Assistant Network and Standards Manager prior to undertaking Consultation No 1. TRO1 TRO2 (speed limits) 2 The Technical Officer (Traffic & Development), will undertake Consultation No 1, copying in Service Officer (Traffic & Development) for information. Purpose of the consultation is to identify any matters that may need to be addressed in the initial development of the proposal. Consultees are : • Police Scotland; • MOD Police (where applicable) • Local Multi Ward Elected Members; • Chair of Area Committee for information • Strategic Transport and Infrastructure Manager • Development Policy and Housing Strategy Manager • Fleet and Waste Manager 14 Day Pause to allow consultation process to take place 3 The Technical Officer ( Traffic & Development) will forward detailed information and plan(s) to the Service Officer (Traffic and Development) advising of their recommendations upon completion of Consultation No 1 using Form TTR0 3 and TTRO4 TRO 3 and TRO 4 Stage 2 4 The Service Officer (Traffic and Development) will prepare CAD plan and Consultation Letter and contact the relevant Community Development Officer for recommendations on possible additional consultees. Thereafter the Service Officer will complete Form TRO-05 and pass to ANSM for signing following which the Statutory Consultation can be distributed giving 21 days for replies. The purpose of the consultation is to contact Statutory Consultees and other interested parties to identify any matters that may need to be addressed before the proposal goes out to public consultation. Statutory consultees must always be included and the justification of including other interested parties should be recorded on form TRO-05. TRO5 5 The Service Officer (Traffic and Development) will draft order, statement of reasons and public notice. TRO checklist also prepared. TRO6 21 Day Pause to allow consultation process to take place 6 The Service Officer (Traffic and Development) will advise the Technical Officer ( Traffic & Development) once the Statutory Consultation has been either: 1. successfully completed with no comments, or 2. there are comments that could be resolved at this stage, or Page 30
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Version 3.0 April 2020 18 3. there are a number of comments which will be dealt with at the public consultation stage 7 If the proposal is complex or potentially contentious or non-routine, the Service Officer (Traffic and Development) will send draft of the statement of reasons, order and public notice to Head of Legal & Regulatory Support for checking prior to the traffic regulation going to public advertisement. If the proposal is simple and/ or routine, the Service Officer (Traffic and Development) will draft the statement of reasons, order and public notice going to public advertisement Stage 3 8 The Service Officer (Traffic and Development) will seek permission from the Assistant Network & Standards Manager (T&D) to move onto the public advert stage. 9 The Service Officer (Traffic and Development) will send a copy of the public notice of the proposal to the Approved Advertising Agency who will arrange for an advertisement to be placed in the appropriate local newspaper on the date specified by the Service Officer (Traffic and Development) 10 The Approved Advertising Agency will provide a proof copy of the public notice advertisement to the Service Officer (Traffic and Development), which shall be checked, signed and returned. The Approved Advertising Agency will then place the advertisement in the agreed local newspaper. 11 The Service Officer (Traffic and Development) will send a copy of the draft order, the statement of reasons, plan, and in the case of an order which varies or revokes a previous order, a copy of that order and of its relevant map, together with a copy of the newspaper advertisement to the: • Head of Legal & Regulatory Support who will make available at Kilmory Castle for public inspection as required • Technical Officer (Traffic & Development) who will arrange for their display on the road(s) affected. • Customer Service Point for the area who will make available for public inspection as required. • Local library and/or other suitable public building in the vicinity if required, for public inspection. NB: The period for objections to be lodged is 21 days. 12 The Service Officer (Traffic and Development) will send a copy of the Public Notice to the Statutory Consultation circulation list 13 The Technical Officer (Traffic & Development), will be responsible for arranging the posting of the notices, their maintenance and removal at the end of the period of objection at which time, a copy of the notice should be returned to the Service Officer (Traffic and Development) signed by the Technical Officer (Traffic & Development), certifying that it has been posted for the required period. The notices will normally be checked once a week to ensure they are still in place. TRO 7 Page 31
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Version 3.0 April 2020 19 14 The Service Officer (Traffic and Development) will be responsible for updating the Council’s Traffic Orders Webpage and Tell me Scotland. 21 day pause to allow objections and comments to be made 15 The Head of Legal & Regulatory Support, will forward copies of any letters of objection to Assistant Network & Standards Manager, at the end of consultation period or notify him in writing that there have been none using the standard TRO 9 proforma If letters are received by the Assistant Network & Standards Manager, these should be copied and passed to the Head of Legal & Regulatory Support for retention using TRO Form 10A TRO 9 TRO 10A 16 If there are No Objections go to paragraph 29. 17 If there are objections, the Service Officer (Traffic and Development) will send a letter of acknowledgement to all objectors then prepare a list of the names and addresses of the objectors along with the letters of objection and forward to the Assistant Network & Standards Manager for attention. Note: to be valid, an objection must clearly state the person’s name, contact details and the specific grounds for objection. TRO 8 18 The Assistant Network & Standards Manager will consult with the Head of Legal & Regulatory Support to establish if the proposed traffic order will require a mandatory public hearing under the Local Authorities Traffic Orders (Procedure) (Scotland) Regulations 1999 in the event of sustained objections being received 19 The Assistant Network & Standards Manager will try and resolve the objections by letter. If the objections are resolved without amendment to the order, go to paragraph 29. If objections can be resolved with an amendment to the order, prepare a report for the Area Committee and go to paragraph 27 Report Stage 4 20 If a hearing is not required, (already determined in consultation with Head of Legal & Regulatory Support) the Assistant Network & Standards Manager will prepare a report for the relevant Area Committee containing a list of sustained objections, a summary of objections and a request that the Area Committee considerers the objections and decides whether or not the TRO proposal should proceed or be made with amendments. Members may determine at this stage that a discretionary hearing be held prior to a determination being reached. Go to paragraph 27. Report 21 If either a mandatory or discretionary hearing is required, the Assistant Network & Standards Manager will prepare a list of sustained objections, a summary of the objections and a statement of the Council's case and forward them together with all the letters of objection to Head of Service Legal & Page 32
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Version 3.0 April 2020 20 Regulatory Support requesting that a hearing is arranged . Legal & Regulatory Support will give notice in writing to any person who has objected to the making of the order informing them that, if within such period, not being less than 14 days, as is specified in the notice, they intimate that they so desire, an opportunity will be afforded them of being heard in support of their objection. 22 Legal & Regulatory Support will make the following arrangements :- (a) Give notice to the Department of Planning and Environmental appeals (DPEA) of the need for a hearing and provide: (i) a copy of the objections and (ii) a statement of the Council's case, prepared by Assistant Network & Standards Manager containing full particulars of the case the Council wishes to make together with supporting documents. (b). Once the date of the Hearing is known if any objector has given notice that they desire to be heard at the Hearing notify them in writing of the arrangements for the Hearing not less than 21 days before the date on which the hearing is to take place. (c) Not less than 21 days before the Hearing publish a notice in local newspaper. 21 day pause to give notice of Hearing date 23 The procedure at the Hearing shall be determined by the Reporter. 24 Following the Hearing, the Reporter will forward a report and recommendations to the Council via Legal & Regulatory Support 25 Legal & Regulatory Support will forward the Hearing Report to the Assistant Network & Standards Manager. 26 The Assistant Network & Standards Manager, will consider the findings of the Hearing Report and its recommendations and prepare a report for the Area Committee detailing the outcome of the Hearing and recommended course of action. Report 27 The Report will be considered by the Area Committee which will determine the course of action to be followed. The Committee may decide to either:- • Make the TRO as proposed • Amend the TRO • Abandon the TRO; or • Make the TRO in part. NB. Where the order is one in connection with which a hearing has been held by virtue of regulation 8(1)(a) or (b) of The Local Authorities' Traffic Orders (Procedure) (Scotland) Regulations 1999 and the authority decide to make the order in a form which includes any provision at variance with the recommendations of the reporter, before the order is made Legal & Regulatory Support shall require to send to the Scottish Ministers a copy of Page 33
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Version 3.0 April 2020 21 the order as proposed to be made, a copy of the relevant map, a copy of the report and recommendations made following the hearing and a statement of the authority's reasons for not accepting the relevant recommendations. The order cannot be made before the expiration of one month from the date on which the said documents were sent to the Scottish Ministers, unless the Scottish Ministers give the authority earlier notification that they have no observations to make about the order At the same time as they send to the Scottish Ministers the documents specified above, Legal & Regulatory Support will give written notification of this fact to each person who objected to the order in accordance with Regulation 7 and has not withdrawn their objection. 28 The Area Committee Manager will write to each objector advising them of the Committee's decision enclosing a written statement of reasons and will also formally notify the Assistant Network & Standards Manager and Police Scotland of the decision of the Area Committee. Stage 5 29 The Service Officer (Traffic and Development) will agree the effective date for the Order in consultation with the relevant officers. The effective date must be a minimum of 6 weeks from the date of the advert making the order principally to allow objections on procedural grounds, but also to give time for signs/lines to be arranged. 30 The Service Officer (Traffic and Development) will advise Head of Legal & Regulatory Support of the effective date requesting that the order is made. 31 The Service Officer (Traffic and Development) will prepare a public notice, which will invite objections on procedural grounds and will send a copy to the Approved Advertising Agency indicating the date and local newspaper in which it should be advertised. Note: the advert requires to be placed within a 14 day period. 32 The Approved Advertising Agency will provide a proof of the public notice advertisement to the Service Officer (Traffic and Development). The proof should be checked, signed and returned. 33 The Head of Legal & Regulatory Support will arrange for the signing of the Order forwarding a copy to the Service Officer (Traffic and Development) the original order being indexed and retained by Legal & Regulatory Support. 34 The Service Officer (Traffic and Development) will forward a copy of the signed order to the Emergency Services. 35 The Service Officer (Traffic and Development) will send a copy of the made Order including a plan and the public notice to the Head of Legal & Regulatory Support and the Technical Officer (Traffic & Development) and other locations as required for public inspection and will be responsible for updating the Council’s Traffic Orders Webpage and Tell me Scotland. TRO11 6 weeks pause to allow objections on procedural grounds only Page 34
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Version 3.0 April 2020 22 36 Should any procedural objections be received, these will be forwarded to the Head of Legal & Regulatory Support for resolution. End of Process 37 Once all the necessary approvals have been received, the Technical Officer (Traffic & Development) arrange the implementation of the Order on the effective date with the operational team undertaking the relevant tasks relating to signage, road markings and so on as required. 38 The Service Officer (Traffic and Development) will update the website, Tell me Scotland, number the order, enter the details into the TRO database and file hard copies in the central TRO file. Appendix 4 Stopping Up and Redetermination of Means of Exercise of Public Right of Passage Stage Step Action Form 1 1 The Technical Officer (Traffic & Development) receives an initial proposal to Stop Up or Re-determine a Public Right of Passage 2 The Technical Officer (Traffic & Development), will undertake Consultation No 1. Purpose of the consultation is to identify any matters that may need to be addressed in the initial development of the proposal 14 days pause to allow consultation process to take place 3 The Technical Officer ( Traffic & Development) will forward detailed information and plan(s) to the Service Officer (Traffic and Development) advising her of his recommendations upon completion of Consultation No 1 4 The Service Officer (Traffic and Development) will obtain approval to move onto the next stage in the process from the Assistant Network & Standards Manager (T&D) 5 The Service Officer (Traffic and Development) will prepare the following documents and forward to Legal & Regulatory Support for checking : • First Public Notice • Statement of Reasons • Order • Schedule(s) • Plan(s) • Copy of Existing Order 6 When approved The Service Officer (Traffic and Development) will send a copy of the public notice of the proposal to the Approved Advertising Agency who will arrange for an advertisement to be placed in the appropriate local newspaper and the Edinburgh Gazette on the date specified by the Service Officer (Traffic and Development) 7 The Approved Advertising Agency will provide a proof copy of the public notice advertisement to the Service Officer (Traffic and Development), which shall be checked, signed and returned. The Approved Advertising Agency will then place the advertisement in the agreed local newspaper and the Edinburgh Gazette on the dates specified. 8 The Service Officer (Traffic and Development) will send a copy of the proposed order, schedules, the statement of reasons, plan, a copy of the existing order and of its relevant map, together with a copy of the newspaper notice to the: Page 35
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Version 3.0 April 2020 23 • Head of Legal & Regulatory Support who will make available at Kilmory Castle for public inspection as required • Technical Officer (Traffic & Development) who will arrange, no later than the date on which the notice is first published in a newspaper, for a copy of the notice to be displayed in a prominent position at or near the ends of so much of the road as it is proposed to stop up or over which it is proposed to re-determine the means of exercise of the public right of passage, and shall take all reasonable steps to keep the notice exhibited in such a position and legible condition for a period of not less than 28 days. • Customer Service Point for the area who will make available for public inspection as required. • Local library and/or other suitable public building in the vicinity if required, for public inspection. 9 No later than the date that the notice is first published the Service Officer (Traffic and Development) will serve a copy of the proposed order and the accompany plan together with a copy of the advert and a statement of the reasons for making the order to the following: • Development Policy and Housing Strategy Manager • Strategic Transport and Infrastructure Manager • British Telecommunications • Scottish Gas Network • Scottish Water • Scottish & Southern Energy/ Scottish Power • Street Lighting Technical Officer • Fleet and Waste Manager • Where the order relates to the redetermination of the means of exercise of a public right of passage over a road or to the stopping up of a road, any other statutory undertakers having apparatus under, in, on, over, along or across the road • Where the order relates to a private means of access, on the owner and occupier of any land to which the order relates and on the owner and occupier of any land which it is proposed to acquire for the provision of a new means of access 10 At the same time as the advertisement the Service Officer (Traffic and Development) will send a letter confirming the proposal to the local Multi Member Ward members, the Area Committee Chair and Police Scotland 11 The Service Officer (Traffic and Development) will be responsible for updating the Traffic Orders Webpage and Tell me Scotland. 28 days pause to allow objections to be lodged 3 12 The Head of Service Legal & Regulatory Support, will forward copies of any letters of objection to Assistant Network & Standards Manager, at the end of consultation period or else notify him in writing that there have been none using the standard TRO 9 proforma If letters are received by the Assistant Network & Standards Manager, these should be copied and passed to the Head of Service Legal & Regulatory Support for retention using TRO Form 10A 13 If Objections have been received, the Assistant Network & Standards Manager (T&D) will seek advice from the Head of Service Legal & Regulatory Support on how to proceed. Page 36
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Version 3.0 April 2020 24 14 If there are no objections to the proposal, or an objection is made but subsequently withdrawn, the order may be confirmed. The Service Officer (Traffic and Development) agrees the effective date with the Assistant Network & Standards Manager 15 The Service Officer (Traffic and Development) will advise Head of Legal & Regulatory Support of the effective date requesting that the order is confirmed. 16 Immediately after the order has been confirmed the Service Officer (Traffic and Development) will prepare a public notice, which will confirm that the order has been made and will send a copy to the Approved Advertising Agency indicating the date and local newspaper in which it should be advertised. The advert must also be placed in the Edinburgh Gazette 17 The Approved Advertising Agency will provide a proof of the public notice advertisement to the Service Officer (Traffic and Development). The proof should be checked, signed and returned. 18 The Service Officer (Traffic and Development) will send a copy of the signed order and plan to: • Head of Legal & Regulatory Support who will arrange to make available at Kilmory for public inspection as required • Technical Officer (Traffic & Development) who will arrange who will arrange, no later than the date on which the notice is first published in a newspaper, for a copy of the notice to be displayed in a prominent position at or near the ends of so much of the road as it is proposed to stop up or over which it is proposed to re-determine the means of exercise of the public right of passage, and shall take all reasonable steps to keep the notice exhibited in such a position and legible condition for a period of not less than 28 days. • Customer Service Point for the area who will make available for public inspection as required. • Local library and/or other suitable public building in the vicinity if required, for public inspection. 19 No later than the date that the notice is first published, the Service Officer (Traffic and Development) will send a copy of the signed order and plan to the following: • Development Policy and Housing Strategy Manager • Strategic Transport and Infrastructure Manager • Owner and occupier of land (If applicable) • British Telecommunications • Scottish Gas Network • Scottish Water • Scottish & Southern Energy/Scottish Power • Street Lighting Technical Officer • Where the order relates to the redetermination of the means of exercise of a public right of passage over a road or to the stopping up of a road, any other statutory undertakers having apparatus under, in, on, over, along or across the road • Where the order relates to a private means of access, on the owner and occupier of any land to which the order relates and on the owner and occupier of any land which it is proposed to acquire for the provision of a new means of access Page 37
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Version 3.0 April 2020 25 20 The Service Officer (Traffic and Development) will write to Police Scotland confirming that the order has been made End of Process 21 The Service Officer (Traffic and Development) will update the website and Tell Me Scotland, number the order, enter the details into the TRO database/List of Public Roads and file hard copies in the central TRO file. An order shall become operative on the date that the public notice of the confirmation of the order is first published or on such other date as may be specified in the order. An order under s68 of the RSA which is made on the ground that the road will become unnecessary shall not come into operation until the road had become unnecessary and a suitable alternative road exists. A private means of access shall not be stopped up before the expiry of 6 weeks from the date of the first publication of the proposal to make the order and in any case where a new means of access is to be provided by the roads authority, before it has been so provided. Appendix 5 TRO Forms TRO FROM NUMBER NAME TRO1 Traffic Regulation Orders Proposal Form TRO2 Speed Limit Proposal Form TRO3 Consultation 1 Record Sheet TRO4 Consultation 1 Report TRO5 Consultation 2 Record Sheet TRO6 TRO Checklist TRO7 Public Notice Confirmation Form TRO8 Hearing Checklist Form TRO9 List of Objectors Form TRO10 List of Objectors Confirmation of Receipt TRO10A List of Objectors Confirmation of Receipt – Received by Roads TRO11 Display of Documents Confirmation TRO11A Display of Signed Documents Confirmation TRO11B Display of Documents Confirmation – Stopping Up TRO12 Checklist – Stopping Up/Redetermination Orders TRO13 Objections Checklist – Stopping Up Page 38
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Appendix 3 - TRO Process Summary 1. Traffic Regulation Orders (TROs) are made under the Road Traffic Regulation Act 1984 and the Local Authorities’ Traffic Orders (Procedures) (Scotland) Regulations 1999. 2. There are three main stages to a TRO; “Consultation 1”, “Consultation 2” and Consultation 3”. In cases where the TRO is simple (for example, off-street car parking) then Consultation 1 & 2 are often combined. 3. Consultation 1 runs for a minimum of 14 days to allow consultation to take place and may take longer than this if significant comments are submitted. The consultees for Consultation 1 are: a. Police Scotland b. Scottish Fire & Rescue c. Scottish Ambulance Service d. Strathclyde Partnership for Transport e. Local Multi Ward Elected Members f. Chair of Area Committee for information g. Public Transport Officer h. Strategic Transport and Infrastructure Manager i. Development Policy and Housing Strategy Manager. 4. Consultation 2 runs for a minimum for 21 days to allow consultation to take place and may take longer than this if significant comments are submitted. Consultation 2 will take in other statutory consultees along with any others that it may considered appropriate: a. Taxi groups b. Freight Transport Association c. Public Utilities d. Community Council(s) e. The Road Haulage Association Ltd f. Royal Mail g. Scottish Forestry h. Local groups (e.g. Harbour Associations, Trusts, Friends of “”) 5. Comments submitted at Consultation 1 and 2 are considered by officers and changes may be made to the original plan if considered necessary or appropriate. The TRO is then drafted and published for Consultation 3, this is the public consultation stage. The draft TRO will be advertised in the appropriate local newspaper. In addition to this, the TRO may also be made available via the following ways: a. The Head of Legal and Regulatory Support will make the TRO available at Kilmory for public inspection as required b. The local Technical Officer (Traffic & Development) will arrange for their display (typically by notice) in the area affected c. On the Councils website, under the traffic order page d. the Customer Service Point for the area may make the TRO available for public inspection, as required e. A copy of the TRO may be provided to the local library and/or other suitable public building in the vicinity, if required and available, for public inspection. 6. The Public Notification stage runs for 21 days and any person, group or organisation may submit objections to the TRO at this point. Page 39
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7. If objections are submitted then these need to be dealt with in line with the legislation. At this stage there will be further correspondence / discussions between the appropriate officer and the objectors in order to try to resolve the objections. i. If an objector is satisfied then they must formally withdraw their objection in order for it to be discarded. If all objections are withdrawn then the TRO can be made. ii. If a single objector maintains their objection then there are four options available: a. If the objection can be resolved with an amendment to the TRO then this can be considered by the Area Committee. If the Area Committee agree to the amendment then TRO can be made. b. If no amendment is possible or desirable and the objection is one that can be decided upon by a local authority, then the Area Committee can agree to overrule the objection(s) and agree to make the TRO. c. If the objection is out-with a local authorities power to decide upon then it may be referred to an independent reporter for consideration. There are specific types of restrictions within the legislation that are not delegated for local decision where objections are maintained, for example, a restriction in vehicle classes that may use a road. Note that the independent reporters decision is then referred back to the Area Committee for consideration and action. d. The Area Committee can agree to stop the process, i.e. “abandon” the proposed TRO. 8. Once a TRO has been agreed to be made by the Area Committee then the TRO is passed to the Head of Legal and Regulatory Support for signing. The TRO is then re- advertised where further objections may be submitted on procedural grounds (i.e. valid objections would have to demonstrate the legislation had not been complied with or properly followed). Where no objections are submitted during this stage then the TRO is made and comes into effect 6 weeks after signing. 9. A straightforward TRO will normally take a minimum of 28 weeks to process, even where there are no comments or objections raised at any stage. 10. All permanent TROs must be made within 2 years of the date of the first Public Notice or the proposal will fail by default, unless an application for an extension has been made by the authority to the Scottish Ministers and granted. If the TRO still requires to be made and no extension is granted, the process must start again. Page 40
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Appendix 4 Future TRO works and Digital Enhancements Following a 4-year review of regulations for automated vehicles carried out jointly by the Law Commission of England and Wales and the Scottish Law Commission, the Department for Transport (DfT) has imposed a mandatory duty on English Highway authorities to move to Digital TROs (D-TROs). No end date for this duty has been set yet, but this is expected to be amended shortly as explained in paragraph Currently, this doesn’t apply in Scotland, but it is expected to come forward at some point in the future. With the current volume of TROs in Argyll and Bute, it will be difficult to move towards this with any real pace. This isn’t simply down to the volume of TROs (600+) but that they are disjointed, and many have repeated amendment orders. In its current form, it would be a substantial challenge to complete this task. Notwithstanding this, the DfT have noted that traffic authorities have reported the following benefits from D-TROs: i. Easier consultation, using digital maps and online forms. ii. Quicker processes for TRO approvals e.g., of electric vehicle parking. iii. Cost savings from quicker TRO design and approval, less time on checking. iv. Fewer penalty charge notice appeals rejected through a lack of an available TRO document or inconsistency with signing. v. Ability to design and change and publish TROs quickly in line with policy needs. vi. Sharing TROs to plan street works and check for legality and shared closures. Reproducing TROs in a graphical format provides substantial benefits in accessibility for officers, Elected Members and members of the public. TROs are written in legalistic language (as they are legal orders) but this is not a format most people are familiar or comfortable with. Displaying them in a map-based graphic makes them easier to understand for most people. It is a long-term aspiration to have TROs embedded as a layer on the council’s GIS mapping system which will be available to the public via the Council’s website. Other benefits attached to mapping TROs are: i. Useful for public engagement (pre-statutory) – using a projector to allow officers to zoom in/out of areas to assist with discourse and provide clarity. ii. As a map layer in the Roads & Transport Portal - this will allow local officers to have quick and easy access when reviewing restrictions or planning road marking works without having to refer to the weighty textual documents. iii. Sharing with the public – share mapping on the website to allow the public, elected members and community councils to view what is in place. This may also be of use to visitors to the area or others unfamiliar with our towns and villages. Those receiving a PCN may also find it of use when considering an appeal. Page 41
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iv. AI Vehicles – should the day ever come, AI driven vehicles will require this data to be available in graphic format so that AI will know what is or isn’t permitted on a route. This information will aid an AI where markings or signs are faded or missing. The proposed additional resource, detailed in paragraph 4.11of the TRO Report, seeks to take the mapping of TROs from an aspirational level to a deliverable action. Page 42
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ARGYLL AND BUTE COUNCIL ENVIRONMENT, DEVELOPMENT & INFRASTRUCTURE COMMITTEE ROADS & INFRASTRUCTURE SERVICES 18 DECEMBER 2025 TEMPORARY TRAFFIC REGULATION ORDERS – REVIEW OF CHARGING AND ADVERTISING 1.0 EXECUTIVE SUMMARY 1.1 The Environment, Development and Infrastructure Committee at its meeting held on 11 September 2025 agreed to a consultation with event organisers and community councils regarding the charges related to Temporary Traffic Regulation Orders (TTROs). 1.2 The consultation ran from 7 October 2025 to the 24 November 2025 and received nine submissions. 1.3 While the number of submissions is lower than expected, several valid points have been raised which bear further evaluation. 1.4 This report provides Members with an update on the consultation with event organisers and community councils regarding TTRO charges 1.5 This report provides a summary of the limited submissions and proposes a new recommendation. The recommendation considers the responses, the cost of running the service and mindful of the potential £10-15M budget gap that has been identified for 2026/27. RECOMMENDATIONS 1.6 The Environment, Development and Infrastructure Committee are asked to: i. Note the substance of the consultation responses. ii. Recommend to Council that Option 3 is taken forward from 1 April 2026. iii. Recommend to Council that the Fees & Charges would apply for events held after this date; early submission for event after 1 April 2026 will not be charged at current fees (s16A TTRO fees are suspended at present until 31 March 2026). iv. Recommend to Council that, should the above be agreed, the Service will write to the known Event Organisers and Community Councils advising of the new charges and minimum application timescales. Page 43 Agenda Item 9
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ARGYLL AND BUTE COUNCIL ENVIRONMENT, DEVELOPMENT & INFRASTRUCTURE COMMITTEE ROADS & INFRASTRUCTURE SERVICES 18 DECEMBER 2025 TEMPORARY TRAFFIC REGULATION ORDERS – REVIEW OF CHARGING AND ADVERTISING 2.0 INTRODUCTION 2.1 This report provides Members with an update on the consultation with event organisers and community councils regarding TTRO charges 2.2 The consultation ran from 7 October 2025 to the 24 November 2025 and received nine submissions. 2.3 This report provides a summary of the limited submissions and proposes a new recommendation. The recommendation considers the responses, the cost of running the service and takes into account the potential impact of the predicted £10-15M budget gap for financial year 2026/27. 2.4 The consultation did not garner a substantial volume of responses. However, several points made in submission have been used to shape the recommendations alongside the cost of running the service. 2.5 In conjunction with the above, the potential budget gap for 2026/27 has also been considered. As a result, the council will need to ensure that it provides TTROs on a cost neutral basis. 2.6 To that end, Option 2 has been reviewed and amended creating a further Option 3 (Appendix 4). The Committee is asked to consider and recommend to Council Option 3 for its consideration at its next meeting. 2.7 The Committee is also asked to recommend to Council that Option 3 is taken forward from the 1 April 2026 and the Fees & Charges would apply for events held after this date; early submission will not be charged at current fees (s16A TTRO fees are suspended at present until 31 March 2026). 2.8 Finally, the Committee is requested to agree to proceed with Option 3, the Service will write to the known Event Organisers and Community Councils advising of the new charges and minimum application timescales. Page 44
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3.0 RECOMMENDATIONS 3.1 The Environment, Development and Infrastructure Committee are asked to: i. Note the substance of the consultation responses. ii. Recommend to Council that Option 3 is taken forward from 1 April 2026. iii. Recommend to Council that the Fees & Charges would apply for events held after this date; early submission will not be charged at current fees (s16A TTRO fees are suspended at present until 31 March 2026). iv. Recommend to Council that, should the above be agreed, the Service will write to the known Event Organisers and Community Councils advising of the new charges and minimum application timescales. 4.0 DETAIL 4.1 The Environment, Development and Infrastructure Committee at its meeting held on 11 September 2025, under Item 7, consider a report on Temporary Traffic Regulation Orders. The Committee: i. agreed to the outline options as the basis for consultation with event organisers and community councils; ii. agreed that the questionnaire attached in Appendix 2 to the submitted report is used to gather the organisers and community councils’ views on these options; iii. agreed that the consultation period is a minimum of six weeks; iv. noted that the results were expected to be reported to the Committee by March 2026; however, subject to analysis being completed sooner, may be reported to the Committee by December 2025; v. agreed that the minimum timescales for application for TTROs or Temporary Restriction by Traffic Notice are those listed in the end columns of Appendix 3 to the submitted report; vi. agreed that the list below are the newspapers which will be used to advertise the notice of TTROs: a. Argyllshire Advertiser b. Dunoon Observer c. Helensburgh Advertiser d. Oban Times e. Campbeltown Courier; and vii. noted that the means of advertising the notice of TTROs are determined by the Road Traffic (Temporary Restrictions) Procedure Regulations 1992 and The Local Authorities' Traffic Orders (Procedure) (Scotland) Regulations 1999. 4.2 This report provides an update on the consultation with event organisers and community , and sets out recommendations to the Committee for its consideration and agreement. Page 45
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4.3 The consultation (refer to Appendix 1 for the questionnaire) was sent to all active community councils (54, with 2 currently lying dormant) and 36 contacts for known events. The consultation ran from 7 October to 24 November 2025, slightly more than the minimum 6-week period. The consultation received nine responses. Although the responses may not be representative of all end users, those who responded have done so in full and have made their views on each of the questions clear. Option 1 and 2 are summarised as a precis to the consultation as below: Option 1 Maintain the current suite of charges (refer to Annex 1) with clarification that no events are exempted, and media advertisement fees are in addition to the Councils Fees & Charges. Option 2 Introduces a tiered structure for charges, separating out events with or without commercial elements. This option highlights preferred and minimal timelines and introduces an increase per week for less notice to encourage early engagement. This allows the workstream to be better managed within a limited staff resource. The increase per week has been set at 25% (on baseline not subsequent weeks) but is an indicative figure at this point. Full detail is laid out in Annex 2 4.4 Questions 1 and 2 sought information on the number of total events and those held on our roads. The remainder of the questions were to draw out support for each of the options and to seek views on these. It is a small return and the views on the options do not provide a clear way forward for the council. The comments added to the questionnaire are varied. Table 1 below provides a summary of both the support for each of the options and the associated views. Members may wish to read the responses in full. These can be read in Appendix 2. Table 1 Q3 Do you agree that Option 1 is the best way to manage TTROs for events? One in favour, eight against Summary of comments: • Excessive cost • Overly simplistic approach • Advertising should be absorbed for charity and community events, or set £100 to provide a degree of offset • Unfair that repeat events are charged the same as one-off events • It shouldn’t cost the same each year to administrate • Moved to closure by the Council and now charged for a TTRO • Event managed on behalf of the Council, not fair for the Council to then charge for a TTRO • Fear that funding may be lost if funders see that the money is being used to pay for TTROs • There should an exemption for charities and communities Q4 Do you agree that, under Option 1, all events should be charged? One in favour, eight against Summary of comments: Page 46
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• Community & charity events shouldn’t be charged • Fees are too high • Events often benefit local economy • Some events encourage outdoor activity and associated health benefits Q5 Do you agree that Option 2 is best to manage TTROs for events? Four in favour, five against Summary of comments: • Option 1 allows for better budgeting for events • It spreads the workload • Charities should not be charged for TTROs or advertising • It is too complicated • A fee for late application would be better • Fees too high • Charities and small community events should not be charged Q6 Do you agree that increasing charges per less week of notice to the Council is fair, bearing in mind the limited staff resource in the team that manages TTROs? Six in favour, two against Summary of comments: • Too complicated, a late fee would be better • Too expensive • Difficult for small community groups or charities to manage Q7 Do you agree that events which are commercial or partly commercial should pay more than events that are solely community benefit? Eight in favour, one against Summary of comments: • “part commercial” is confusing • What is “commercial”. Some events use commercial elements to offset costs. • Events which generate income should pay the full fee which should then be used to fund free events for charities. • Charities and small community groups should not be charged in the same manner Q8 Is there anything else you would like to add? Varied responses but concerns about cost, loss of events and community benefit noted. Q9 Are there any events you would expect to be exempt from requiring a TTRO? • Motorfest Oban • New Year Fireworks display McCaigs Tower • Reindeer Parade Lights Switch On • Charities Day • Any event that brings the community together in a positive and health enhancing way. • The Bute Highland Games • Babcock 10K • Helensburgh’s Christmas Lights Switch On Q9a Can you provide your reasoning for the above? • Community benefit • Cost • Loss of events • Health benefits Page 47
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4.5 Of those who responded, Option 1 is clearly not favoured. Option 2 was also not supported by the majority although it was the most favoured of the two options with some noting that they felt it was too complicated. Notwithstanding this, the general layout of Option 2 may offer the best way forward, albeit with amendments to the proposal which is reflected in our proposed Option 3. 4.6 Under question 7, the responders queried what would be defined as “partly commercial”. Similarly, it can be difficult to define a “community” event. 4.7 It is proposed that, for the processing of s16A TTROs, “community” or “community benefit” means “an event run by local residents, or a group thereof, acting on behalf of its local area, and to improve the local community or social cohesion. This could include, for example, Xmas light switch-on or fireworks night, whose events may have a small commercial input such as food & drink stalls.”. 4.8 Several responders have highlighted that charities should be exempted from charges and advertising costs. As highlighted in the previous EDI report, the breadth of what may be considered a charity is excessively broad and would make it likely that no event would pay for a TTRO, leaving the cost and staff burden wholly with the Council. The Charity Test & Purpose has been added under Appendix 3 for ease of reference. To meet the Charity Test an organisation must: • Have only charitable purposes • Provide public benefit • Use their funds and property only for charitable purposes • Allow fair access to the benefit they provide • Not be, or exist to advance, a political party. It should be noted that advertising costs are currently passed onto to applicants at cost. There is no percentage increase added for the Council. 4.9 Question 9 sought views on which groups should be exempt from requiring a TTRO. The responses received suggest that the question may have been poorly framed; however, the majority of responders have proposed their events are exempted. The question though does highlight that some events on road could be considered as exempt; for example, a road race that does not require, at any time, traffic to be stopped or diverted by Event Marshalls or Police Scotland personnel. 4.10 It should be noted, however, that any event that takes place within the road corridor which requires traffic diversions (including pedestrian diversions), removing parking bays or other restrictions, or has any kind of traffic control (e.g. lights, stop & go or constables or stewards stopping traffic) does require a TTRO. Police Scotland do have powers to stop traffic temporarily, used, for example, for Remembrance Parades or other processions. Page 48
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4.11 Within the responses, a view was offered that rather than a sliding scale of charges up to the 12-week notice period, it would be better to have a late fee instead. It should be noted that, for events, the 12-week notice period is the final point where an application would be accepted. Any application submitted after that point would be refused. This was agreed at the Committee meeting held on the 11 September 2025, under Item 7, in paragraph 5 of the decision. 4.12 Noting the limited return from the consultation, the need for the Service to recover costs, and in the forecast budget gap for the council in future years, the Service propose that a varied version of Option 2 (now Option 3) is taken forward from 1 April 2026/27. It is further proposed that the Fees & Charges would apply to events held after this date, early submission will not be charged at the current fees (s16A TTRO fees are suspended at present). Option 3 can be viewed under Appendix 4. 4.13 Within the Traffic Service team, there are two officers who deal with TROs, TTROs and TRTNs. The cost of this team, including Employers Superannuation and Employers National Insurance but excluding the departmental overhead, is £104,250 per annum. The suggested Option 3 revenue stream is estimated to be £100,400, almost covering the staff costs. 4.14 It is worth noting that the demand for Temporary Restriction by Traffic Notice (TRTN) and TTROs has risen significantly; in 2016/17 the service dealt with 14 TRTNs and 19 TTROs, this rose to 110 TRTNs and 65 TTROs by 2024. This rise in demand has been the significant contributory factor in the difficulty and delay in progressing TROs; for which demand is also increasing annually. For the sake of clarity, the rise in demand for both TRTNs and TTROs has meant that the Service is only able to cover the day-to-day demands (temporary closures/restrictions) but is not able to progress the longer-term requirements (permanent restrictions/controls via TRO). 4.15 The last column in Appendix 4 for each type of Order/Notice is the last week an application will be considered. Late applications will be refused (i.e. applications with less than less than the minimum applicable notice). The only exception to this is the Restrictions required for Emergencies, which can be issued after closure (e.g. gas main leak, landslip) and is defined in legislation. 4.16 Should the Council agree to proceed with suggested Option 3, the Service will write to the known Event Organisers and Community Councils advising of the new charges and minimum application timescales. 4.17 The Road Traffic Regulation Act 1984, makes provision for events to be held on- road under Sections 16A-16C. However, it does not create a duty to do so. That is, the Council could take the view to not allow any event within the road corridor, preventing a large number of events across Argyll and Bute from taking place. This would have a significant negative impact on our communities, and is provided for information only. Page 49
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5.0 CONCLUSION 5.1 The consultation did not garner a substantial volume of responses. However, several points made in submission have been used to shape the recommendations alongside the cost of running the service, which have been captured in Option 3. 5.2 In conjunction with the above, the forecast budget gap for 2026/27 has also been considered. The measures outlined in this report are aimed at providing TTROs on a cost neutral basis for the council. 5.3 As a result, Option 2 has been reviewed and amended creating a further Option 3 (Appendix 4), and the Committee is requested to consider and recommend Option 3 to Council at its next meeting in January 2026. 5.4 The Service further requests that the Committee recommends to Council that Option 3 is taken forward from 1 April 2026 and the Fees and Charges will apply for events held after this date. Early submission will not be charged at current fees (s16A TTRO fees are suspended at present until 31 March 2026). 5.5 Should the Committee agree to proceed with Option 3, the Service will write to the known Event Organisers and Community Councils advising of the new charges and minimum application timescales. 6.0 IMPLICATIONS 6.1 Policy – No current policy for TTROs or TRTNs. 6.2 Financial – The cost of providing TTROs to event organisers is approximately £0.104m. The measures in this report are aimed at providing this service on a cost neutral basis to the council. Fees are currently suspended 6.3 Legal – none at this time, however, future changes may face legal challenges 6.4 HR – None 6.5 Customer service – Fees & Charges, events guidance and websites will need to be amended following the conclusion of the review 6.6 Risk – current resources are not sufficient to provide a fully effective TTRO service. This has resulted in an unacceptable reputational risk through, for example, late applications from event organisers. The measures proposed in this report will help to address this. 6.7 Climate change – n/a 6.8 Fairer Scotland Duty – none known 6.9 Equalities: protected characteristics – none known 6.10 Consumer duty – none 6.11 Island communities – None. Page 50
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6.12 Children’s Rights and Wellbeing – none known Executive Director with responsibility for Roads and Infrastructure Services: Kirsty Flanagan Policy Lead for Roads, Transport and Amenity Services: Councillor John Armour December 2025 For further information contact: Stuart Watson, Assistant Network & Standards Manager stuart.watson@argyll-bute.gov.uk Hugh O’Neill – Network & Standard Manager hugh.oneill@argyll-bute.gov.uk APPENDICES Appendix 1 – Questionnaire Appendix 2 – Responses Appendix 3 – Charity Test & Purposes Appendix 4 – Option 3 Page 51
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Appendix 1 - Questionnaire Argyll & Bute Council Roads & Infrastructure Services Review of Fees & Charges for Events The Environment, Development & Infrastructure Committee, at its meeting held on 11 September 2025 agreed to review the fees & charges structure for events (charges for Temporary Traffic Regulation Orders (TTROs)). The report and decision can viewed under Item 7 at this link. This questionnaire seeks to gather views on the options outlined below and your response is vital to allow a thorough and robust exercise to be completed. Note – the charges outlined below are based on the published Network Management Fees and Charges for 2025/26 (Network management and public transport fees and charges | Argyll and Bute Council) Option 1 Maintain the current suite of charges (refer to Annex 1) with clarification that no events are exempted, and media advertisement fees are in addition to the Council’s Fees & Charges. Option 2 Introduces a tiered structure for charges, separating out events with or without commercial elements. This option highlights preferred and minimal timelines and introduces an increase per week for less notice to encourage early engagement. This allows the workstream to be better managed within a limited staff resource. The increase per week has been set at 25% (on baseline not subsequent weeks) but is an indicative figure at this point. Full detail is laid out in Annex 2 Organisation responding: Address / area: Name of representative: Telephone Number: Email: Q1 How many events does your organisation hold per year in the Argyll and Bute area? Q2 How many of these events are held on the road or otherwise require a TTRO? Q3 Do you agree that Option 1 is the best way to manage TTROs for events? Yes / No If no, please set out your reasons for this: Page 52
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Q4 Do you agree that, under Option 1, all events should be charged? Yes / No If no, please set out your reasons for this: Q5 Do you agree that Option 2 is best to manage TTROs for events? Yes / No If no, please set out your reasons for this: Q6 Do you agree that increasing charges per less week of notice to the Council is fair, bearing in mind the limited staff resource in the team that manages TTROs? Yes / No If no, please set out your reasons for this: Q7 Do you agree that events which are commercial or partly commercial should pay more than events that are solely community benefit? Yes / No If no, please set out your reasons for this: Q8 Is there anything else you would like to add? Q9 Are there any events you would expect to be exempt from requiring a TTRO? Q9a Can you provide your reasoning for the above? Page 53
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Appendix 2 - Responses
Organisation Q1 Q2 Q3 Q3 comments Q4 Q4 comments Q5 Q5 comments Q6 Q6 comments Q7 Q7 comments Q8 Q9 Q9a
Mull Car Club 2 2 yes n/a yes n/a No Option 1 allows for much better budgeting for
events. yes n/a yes n/a
As an organisation we are content with either option as the
timescales involved with both Mull Car Club events means it is
easy for us to meet the maximum notice period.
Not organised by Mull Car Club n/a
BID4Oban Ltd. 10-
15 5+ no
Many events that we organise will be non-viable if we introduce additional charges. At present, the charges
that were introduced were with no consultation or notice. We are happy to cover advertising costs of
closures and pay a minimal contribution to enabling the closure. Most of these things we do at our own
expense.
no
No. Many events are NOT commercial and indeed charity or
community based. Were the council seen to be supporting local
groups and organisations they would gain greater support and
better PR across the area.
yes n/a yes n/a yes n/a
The majority of these TTRO’s are for community and charity
based events. They contribute to wellbeing and improve the
communities mental health not to mention attracting visitors to
the area.
Motorfest Oban
New Year Fireworks display McCaigs Tower
Reindeer Parade Lights Switch On
Charities Day
Any event that brings the community together in a positive and
health enhancing way.
As an organisation that funds and organises events, TTRO’s are
now crippling some of our events. We will have to cut some events
going forward to ensure TTRO’s are afforded.
Helensburgh
Winter
Festival/Summ
er Festival
2 1-2 no
The Helensburgh Winter Festival is a charity with limited funds and any alternative option which reduces
the costs and more importantly spreads the work of applying for events over a longer period as so often all
of the required application paperwork falls at the same time which given we are all volunteers can be
restrictive given some volunteers run their own businesses.
no
I believe charities which rely on the goodwill of volunteers and rely
on donations or grants should be exempt as a gesture of goodwill
by local authorities as it is only in the last three years that charges
seem to have been applied. On two separate occasions we were
charged for the TTRO plus the advertising costs which we should
not have been given we are a charity to the point of you taking legal
action against myself personally.
yes
It spreads the workload and the costs but I still
inherently believe small charities should not
be charged even advertising costs.
yes n/a yes n/a n/a
Where a road closure is required a TTRO by a small
community based charity as long as you are assured that a
road closure will be in place that should be sufficient but a
appreciate the H&S considerations. Key for myself is that you
recently required a qualified Traffic management Operative to
place diversion signs and some traffic cones seems a bit
excessive
My rational is that if we confirm a Road closure will be in place you
can inspect it on the day of the event if required.
Helensburgh
Community
Council
25 0 no
Option 1 is a simple structure but the fees are too high. It is not realistic to compare Argyll to Glasgow and
Edinburgh re meeting 11/09/25 TEMPORARY TRAFFIC REGULATION ORDERS REVIEW OF CHARGING
AND ADVERTISING.pdf Dumbarton would be a more accurate comparison where they charge £500.
They have a different charge between closures of less than 5 days and longer closures.
A fee of £800 in the first year and £600 thereafter would be more realistic for local community groups and
charities to fund.
The hidden cost of advertising on top which you estimate in Helensburgh to be £240 is acceptable for
commercial but needs to be absorbed by the council for charity and community events or set at £100 to
offset these costs.
no
We would support charging a fee for community events to offset
council expenses and discourage regular road closures.
However these fees are too high for Community and Charity
Groups. They are organising the events for the benefit of the
community which often results in economic for the area as people
attend the event and use local services and businesses.
Having a thriving community which holds regular community
events will result in the area being a popular place to live.
no
It is too complicated for people to understand
the price in the event of a late notice
application.
It would be easier to have a fixed price with a
deadline for applications and then a fee for
applications submitted after the deadline.
i.e an earlybird discount to encourage people
to apply early but two prices is enough.
no
It would be easier to have
a fixed price with a
deadline for applications
and then a fee for
applications submitted
after the deadline.
A sliding scale of prices is
too complicated and event
organisers are also busy
people with limited
resources.
no
Commercial yes
But partly is open to confusion,
community and charity events often
use commercial elements to
lessen their own costs or as part of
the event, bouncy castles, ice
creams, craft stalls.
n/a no
We would support charging a fee for community events to offset
council expenses and discourage regular road closures.
However these fees are too high for Community and Charity
Groups. They are organising the events for the benefit of the
community which often results in economic for the area as people
attend the event and use local services and businesses.
We support charging a transparent and reasonable fee to offset
costs etc.
A thriving community that holds regular community events brings
more people to the area and promotes that community as being
an attractive place to live.
Bute Highland
Games 1 1 no
We currently pay a TTRO administrative fee of nearly six hundred pounds every year for the council to
process the identical application each year. Our TTRO simply covers No Waiting restrictions on the
approach to the area we use as a car park by the shinty club, the section of the High Street along which our
10k Road Race takes place and which our marching pipe bands later parade. The car park always
operates all day, the road race always starts at 3pm and the pipe bands always march at about 5:30pm.
The only thing that changes each year is the precise date of the event which itself is always the penultimate
Saturday in August (22nd August 2026 next year).
This identical annual application has never been refused and I cannot believe that it requires the same
amount of administrative consideration that a brand new and “one off” application would require. Yet we
are charged exactly the same rate as any commercial organisation applying for a one off TTRO. This is
unfair on an annual community event.
no
Events requiring TTROs will inevitably be of very different types.
When a fun fair or travelling circus comes to town their aim is to
make money out of the local community and then move on
elsewhere but they may very well cause disruption requiring a
TTRO whilst they are here. They should pay an appropriate fee for
the administrative work that their event causes.
The Bute Highland Games is a community event, run entirely by
volunteers that does not seek to make a profit but simply to be able
to pay its many bills {including TTRO fees}. The Games bring
enormous benefits to the island; every hotel room, Bed and
Breakfast establishment and self catering accommodation are
booked up months in advance. Every pub and bar does a roaring
trade on the night of the Games. The shops in town have
increased footfall and CalMac services run to capacity. The Games
have advertised this island to a national audience {viz. BBC Radio
2} showcasing what a wonderful and vibrant place this island is to
visit and indeed to live on. We are the largest event of the year on
the island, we boost tourism, we underpin community pride and
cultural heritage and we work hard to keep gate prices as low as
possible to make the Games as accessible as possible whist all
the while Argyll and Bute Council normally charge us over £591 to
process an identical TTRO application every year.
Because we bring enormous benefits to our community we should
be supported by the council, not charged.
yes n/a yes n/a yes
I do agree with the proposition but
would ask you to consider carefully
the definition of “commercial”. The
Bute Highland Games has many
bills to pay, not just to Argyll and
Bute Council for the hire of the
grounds, the hire of the
grandstand, clearing the litter etc
but also for the private ambulance
and team of event first aiders
required, the hire of marquees,
private security to help manage the
crowds, sound systems, prize
money for the numerous
competitions, travelling expenses
for judges etc, etc. It costs us over
£40,000 to stage the Games. We
have to charge gate entry prices to
pay our bills but we do not aim to
make a profit. We just aim to pay
our bills in order to stage the event.
The organising committee are all
volunteers. We certainly regard
ourselves as being a “community”
event and not a “commercial”
event.
As I understand your tables in Annex 1 if things remain the same
under Option 1 we would be charged £591 plus advertising
costs to make the identical application every year and under
Option 2 if we are categorised as a community event with no
commercial elements our fee would fall to £400 plus advertising
costs – a saving of £191.
If under Option 2 you categorise us as a “commercial or partly
commercial” event you will increase our application fee to £700
a year plus advertising – an increase of £109 for doing exactly
what you are doing now, which is simply processing an identical
annual application.
Why cannot the council just support an event like the Bute
Highland Games that brings enormous benefits to the island
that are economic, social and cultural? What would really help
us to survive would be for the council to waive these fees and
simply ask us to pay any external advertising costs that you
incur.
If you continue to regard us as a revenue opportunity and pile
increasing charges upon us in the end we will collapse.
Something very valuable will have been lost.
The Bute Highland Games Please see above.
Helensburgh
Amateur
Athletics Club:
Babcock
Helensburgh
10K
2 1 no
We specifically moved to a road closure at the Council’s request which incurs, aside from any charges for
a TTRO, around £2,000 in traffic management costs for a specialist contractor. We also leaflet all homes
on the course and publish a map and detailed road closure times in the Community Advertiser which has
over 13,500 copies compared to less than 1,500 copies produced for the Helensburgh Advertiser which is
totally ineffective for communicating with local people and businesses. The advertisements are buried on
page 38 and seen by no one. We also erect advance warning signs a week before the Babcock
Helensburgh 10k.
All surplus funds are spent on grassroots and junior athletics. Helensburgh AAC is a SCIO SC 048176 and
is therefore a registered charity.
no
Please see my response to Q3. The costs are disproportionate for
any officer input. The advertising costs are exorbitant and have
absolutely no effect. The Babcock Helensburgh 10k is run by
volunteers for the benefit of the local community and is easily the
largest mass participation event in Argyll and Bute. The event is
now 42 years old.
yes n/a yes
We typically apply six
months before our event
but only receive the TTRO
around a month before.
yes n/a
Many local authorities promote their own mass participation
running events in Glasgow, Stirling and Paisley. We do the job
free of charge for Argyll and Bute, with no meaningful support.
We promote three events as part of the Babcock 10K Series,
in Glasgow, Dumbarton and Helensburgh. Only Helensburgh
requires a TTRO. We are happy to apply for a TTRO but
believe in recognition of our voluntary work in the community
and as a registered charity there should be no charges and
that our promotion in the Community Advertiser clearly
satisfies any legal requirements to advise local residents.
In addition to my answer to Q9. The athletics club are major
contributors to the Council’s drive to encourage active and healthy
lifestyles and in turn we use any surplus to provide opportunities
for children and adults in our local community. This includes
addressing childhood obesity.
Helensburgh
Festive Lighting
Charitable
Trust
3 1 no
Option 1 introduces charges that our charity has never paid before as we have always been supported by
Argyll and Bute Council in true partnership terms for our Christmas Lights Switch On (the one event where
we need a TTRO). We are contractors to the council to supply the Christmas Lights Display and together
we have managed to provide an outstanding spectacle in Helensburgh since the new arrangement was
formalised in 2016. We organise the Christmas Lights Switch On which is the biggest single event in
Colquhoun Square, attracting in excess of 8000 people to the town centre in the middle of November.
This display is then maintained by us until January with the trees in the square remaining lit until the end of
March.
We raise all the funds to cover costs and last year in cash terms alone we raised £25,000 with substantial
donations in kind amounting to thousands of manhours to ensure this much acclaimed voluntary project
actually happens.
The question you need to ask is will the public give our charity money that they know will be paid to the
council for doing what is in essence a bit of paperwork. This is the same public that knows our volunteers
work throughout the year for nothing and spend hours on the streets installing over 150 lights as well as
putting in place all the organisation needed for Santa to come to Helensburgh to meet hundreds of
families and boost the local economy for weeks by bringing visitors to the town to see the “Best Lights in
the West”.
Some of our group have been volunteering in Helensburgh for fifty years and we know the answer to the
question of what the public response will be when we go out to fund the TTRO costs (in most cases the
responses will have to be edited out!)
The local community funds the repairs and installation of the lights and all work directly attributable to our
volunteer elves. We know they will not fund a council invoice for the TTRO so it is obvious to us that if you
charge our charity for this supporting task the event could not go ahead. It would not be our decision as
Trustees, but a decision forced on us by the public because they feel that such a charge would be grossly
unfair given that we are only trying to work with the council to make our town better for businesses,
residents and visitors during the winter months. Our work is greatly appreciated and we enjoy doing it but
we, like councillors and officers, have to ever mindful of public opinion and they will consider this new
charge to be beyond the pale.
no
The Council seems to have forgotten to include in their charging
principles an exemption for charities which bring economic benefit
to Argyll and Bute. In our case the charity does not benefit from
any income it is all ploughed back into Helensburgh and helping
the town to prosper both in financial terms but also in reputation
terms. Always remember to apply the “Bang for your Buck” test
against any decision you are taking.
no
Do not believe in bringing in new charge for the
reasons stated already and if you do so it will
be the death knell of our contribution to
Christmas in Helensburgh
no
Do not believe in the
introduction of any new
charge.
No income at all from our
charity will not offset any
resource cost and you will
lose income such as all
the car parking income
you get when 8000 people
hit
Helensburgh for the
switch on.
Also, if you are going to
charge for TTRO
processing are you next
going to charge for the
team that processes the
event application for the
square. This is a much
bigger task and also has
resource implications but
that department seems to
value economic benefit
whereas as Roads seem
resource driven only.
yes
Any event where the organiser
makes money should be charged
the full amount and you can then
continue with the status quo for
charities such as ours where the
council acts like a true partner
Look at the big picture and get your crystal ball out. Ask
yourselves, if we do this what will be happening in Helensburgh
on the third Saturday in Helensburgh in 2026 compared with
what has happened there every year since 2010. Do we want to
be responsible for that loss to our biggest town?
Yes Helensburgh’s Christmas Lights Switch On because of
its tremendous economic and feel good factor on our biggest
town.
Yes, as detailed above. Our charity volunteers work in true
partnership with officers and front line staff of Argyll and Bute
Council, we could not do what we do without their support.
Together we achieve a great success story for Helensburgh and
Argyll and Bute, why would you want to spoil this for a measly
£590? Currently both the council and Helensburgh Festive
Lighting Charitable Trust enjoy a mutually supportive way of
working, we are all aiming for the same goal and we get there
year in year out and we all get a big uplift from the project and
seeing thousands in our town centre cheering and waving at a guy
in a red suit who makes a magnificent entry to the town to meet
and greet everyone and thank the 600 community entertainers
who have been on stage in the afternoon.
Why would you think of losing such goodwill from your
Helensburgh residents for £590. Your covering paper does not
answer this question which is the core matter that needs to be
considered. For every action there is a reaction so please be
mindful of what this will be for Helensburgh in 2026 if you
proceed with either of your flawed options.
I would be pleased to discuss with any of your officers involved in
this consultation a solution which would protect the integrity and
reputation of both parties, Argyll and Bute Council and
Helensburgh Festive Lighting Charitable Trust.
Tighnabruaich
District
Development
Trust
1 1 no There should be an exemption for small charitable and community events. no
Local charities should be exempt from the council charge. The
2025 Kyles10Miles race went ahead with a TTRO because, not
only was the customary charitable exemption withdrawn, we were
charged retrospectively for a previous year when the council
charge had not been applied. The TTRO charge alone would
account for 10% of our revenue from the 2025 race. We don't aim
to make a lot of money from the Kyles10Miles as the primary
purpose is to attract visitors to the area and enhance Argyll's
reputation for beautiful scenery and health outdoor activity. On the
other hand, our resources are limited and we can't afford to pay the
council this amount of money, given that the TTRO is nothing more
than a piece of paper unless we enforce it ourselves by race
stewarding. We steward the race properly in any case.
no There should be an exemption for charities
and small community events. -
It might be fair for
commercial organisations
but it is not fair for local
charities and small
community groups who
are struggling to budget
for all of their community
projects as well as events
that may need a TTRO
yes
As above, charities and small
community groups should not be
getting charged in the same way.
The application for Kyles10Miles
was always submitted months in
advance to help council officers
balance their work load. Despite
this, and despite being a small
local charity we were charged the
same as money making
organisations.
Every penny the council charges small local charities for a TTRO
is money that is prevented from creating community benefit. This
is doubly unfair given that, as a grant making body, we are
constantly approached for support with projects that should
really be the responsibility of the council. Support for
Tighnabruaich play park is one current example of this.
- -
Kilfinan
Community
Council
0 0 no
There should be an exemption for small charitable and community events.
no
TTRO charges can have a major impact on revenue
raised for small local charities and community
groups. They should be exempt.
no
There should be an exemption for local
charities and
small community events.
yes - yes -
Every penny the council charges small local
charities for a TTRO is money that is prevented from
creating community benefit.
- -
Page 56Page 57
Appendix 3 Charity Test: • Have only charitable purposes • Provide public benefit • Use their funds and property only for charitable purposes • Allow fair access to the benefit they provide • Not be, or exist to advance, a political party. Charitable Purposes: a. The prevention or relief of poverty b. The advancement of education c. The advancement of religion d. The advancement of health e. The saving of lives f. The advancement of citizenship or community development g. The advancement of the arts, heritage, culture or science h. The advancement of public participation in sport i. The provision of recreational facilities, or the organisation of recreational activities, with the object of improving the conditions of life for the persons for whom the facilities or activities are primarily intended j. The advancement of human rights, conflict resolution or reconciliation k. The promotion of religious or racial harmony l. The promotion of equality and diversity m. The advancement of environmental protection or improvement n. The relief of those in need by reason of age, ill health, disability, financial hardship or other disadvantage o. The advancement of animal welfare p. Any other purpose that may reasonably be regarded as analogous to any of the preceding purposes Page 57
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Appendix 4 Option 3 Restrictions required for Emergencies (RTRA, s14) 3-weeks advance notice 2-weeks advance notice 1-weeks advance notice Temporary Restriction by Emergency Notice (21 day max. duration, can be extended once only) £600 £690 £780 Extend Temporary Restriction by Emergency Notice (21 day max. duration) £600 £690 £780 Extend Temporary Restriction by Emergency Notice by TTRO (advertising costs not included) as Temporary Traffic Regulation Order charges below Restrictions required for Planned Works (RTRA, s14) 10-weeks advance notice 8-weeks advance notice 6-weeks advance notice 5-weeks advance notice 4-weeks advance notice Temporary Restriction by Traffic Notice (5-day day max. duration) £600 £600 £600 £780 £960 Temporary Traffic Regulation Order (advertising costs not included) £1,200 £1,620 £2,040 refusal refusal Extend Temporary Traffic Regulation Order (advertising costs not included) £600 £780 £960 refusal refusal Restrictions requested for Events (RTRA, s16A) 16-weeks advance notice 14-weeks advance notice 12-weeks advance notice Note, applications submitted with less than 12-weeks notice must be refused. Commercial or partly commercial purposes (advertising costs not included), first year £1,200 £1,800 £2,400 Commercial or partly commercial purposes (advertising costs not included), second year and thereafter £600 £900 £1,200 Community benefit events (advertising costs not included), first year £800 £1,200 £1,600 Community benefit events (advertising costs not included), second year and thereafter £400 £600 £800 Page 58