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Proposed Argyll and Bute Council (Off-street Parking Places AND Charges) (Mid Argyll, Kintyre and Islay) Order 202_

Argyll and Bute Council · 7 December 2022
Back to Mid Argyll, Kintyre & the Islands Area Committee — 7 December 2022 and its agenda

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ARGYLL AND BUTE COUNCIL  MID ARGYLL, KINTYRE & THE ISLANDS
AREA COMMITTEE                                                         
DEVELOPMENT & INFRASTRUCTURE                                   7 DECEMBER 2022 
PROPOSED ARGYLL AND BUTE COUNCIL (OFF-STREET PARKING PLACES
AND CHARGES) (MID ARGYLL, KINTYRE AND ISLAY) 202_ 
1.0 EXECUTIVE SUMMARY 
1.1 The report provides an update on the proposed Traffic Regulation Order “Argyll
and Bute Council (Off-Street Parking Places and Charges) (Mid Argyll, Kintyre
and Islay) 202_” (hereafter, the “TRO”) and provides detail of the objections to
the draft TRO.  
1.2 There were two objections submitted to the proposed TRO, both in relation to
the Port Ellen Off-Street Car Park.  Officers engaged with the objectors but no
solution was agreed upon and the objections remain extant.
1.3 To allow the Service to manage the off-street car park asset effectively and
safely, it is the view of Officers that the Order should be made.   
RECOMMENDATIONS 
That the Committee agree that the draft “Argyll and Bute Council (Off-Street
Parking Places and Charges) (Mid Argyll, Kintyre and Islay) 202_” TRO can be
made.

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ARGYLL AND BUTE COUNCIL  MID ARGYLL, KINTYRE & THE ISLANDS
AREA COMMITTEE                                                         
DEVELOPMENT & INFRASTRUCTURE                                   7 DECEMBER 2022 
PROPOSED ARGYLL AND BUTE COUNCIL (OFF-STREET PARKING PLACES
AND CHARGES) (MID ARGYLL, KINTYRE AND ISLAY) 202_ 
2.0 INTRODUCTION 
2.1 This report provides an update on the proposed Traffic Regulation Order “Argyll
and Bute Council (Off-Street Parking Places and Charges) (Mid Argyll, Kintyre
and Islay) 202_” (hereafter, the “TRO”) and provides detail of the objections to
the draft TRO.   
3.0 RECOMMENDATIONS 
3.1 That the Committee agree that the draft “Argyll and Bute Council (Off-Street
Parking Places and Charges) (Mid Argyll, Kintyre and Islay) 202_” TRO can be
made. 
4.0 DETAIL 
4.1 The proposed TRO is being sought on the remaining uncontrolled off-street car
parks within MAKI.  The proposed TRO, if made, will provide powers in regard to
the effective management and enforcement of the off-street asset.  Appendix 1
contains the draft TRO as published, Appendix 2 contains the car park plans.
4.2 The Committee should note that the proposed TRO does not include either
the Inveraray off-street car parks or Lorne Street Car Park in
Lochgilphead.  The Inveraray off-street asset is being progressed under a
separate Order.  Lorne Street Car Park is already controlled by the Argyll and
Bute Council (Off-Street Parking Places and Charges) (Lochgilphead) Order

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2018.  The current proposed Orders are being progressed separately to avoid
unnecessary delays or conflation (for example, should complex objections
have been submitted to the Inveraray proposal, this would not affect the wider
MAKI proposal).  Longer term, subject to both the Inveraray and MAKI TROs
being implemented, a consolidation order will be progressed to bring the three
MAKI orders under a single Traffic Regulation Order.   
4.3 The 26 off-street car parks being considered under the proposed TRO have been
assessed by Traffic & Development and Parking Officers in regard to suitability of
use by vehicle categories (e.g. cars, HGVs, buses etc.).  Schedule 1 of the draft
TRO details which car parks are included in the TRO (Appendix 1).
4.4 There is no proposal within this TRO to introduce pay & display; for clarity, these
car parks will remain free to use.
4.5  Consultation 1 & 2 were carried out as a combined stage.  This phase closed on
15 July 2021 with no significant comments made.  
4.6 Consultation 3 is the stage where the proposals are published and any individual,
organisation or group may submit formal objections to the draft TRO.  This stage
commenced on 13 August 2021 and closed on 6 September 2021.  
4.7 There were two objections submitted, both in relation to the Port Ellen Off-Street
Car Park; the objections came from a single address but are still considered as
two distinct objections.  Officers engaged with the objectors but no solution was
agreed upon and the objections remain extant.
4.8 The objections and the Councils response are summarised in the table below:
Theme 1 A specific vehicle type being excluded (a vehicle with trailer)
impacting on the objectors ability to undertake business
ABC
Response
Officers cannot support revising the proposed TRO to allow this
vehicle type due to road safety concerns; particularly in relation to
potential reversing manoeuvres onto or from the public road. This
are can be particularly busy during ferry operation and with
relatively high number of vehicles and pedestrians utilising the car
park due to toilet facilities and access to the shore. 
Theme 2 Related to the vehicle type category (mobile library) and this car
park being one of the few locations large enough to allow certain
vehicles to turn within Port Ellen
ABC
Response
The proposed TRO does not prohibit the area being used as a
turning area. This part of the objection is considered invalid. 
However, the TRO seeks to discourage inappropriate vehicle
parking that may not be able to complete manoeuvres safely;
particularly in regard to reversing onto or from the public road.
Moving violations are enforced by Police Scotland.
Theme 3 May impact on other vehicles who may use this area “Screen
Machine, mobile bank, as well as all of the amenities service
vehicle (grass cutting and refuse collection) that use the parking
area on a daily basis”.

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ABC
Response
Any vehicle wishing to turn in this area, they must do so safely
(similar to theme 2).  Safe use of vehicles categories within the car
parks has been assessed by Officers; any vehicle falling outside of
this cannot be supported for use within the car park. 
Notwithstanding this, the TRO does give exception to service
vehicles undertaking the Councils statutory duties. 
4.9 While there is no right for anonymity for maintained objections, it is standard
practice to withhold the names and addresses of the objectors.  
4.10 To allow the Service to manage the off-street car park asset effectively and safely,
it is the view of Officers that the Order should be made. 
5.0 CONCLUSION
5.1  This report provides detail of the objections to the draft “Argyll and Bute Council
(Off-Street Parking Places and Charges) (Mid Argyll, Kintyre and Islay) 202_”
TRO and recommends that the TRO be made.
5.2 The implementation of the TRO will incur costs in relation to the installation of
signs and road markings. This is deliverable within existing budgets. 
6.0 IMPLICATIONS
6.1 Policy – Parking Policy Framework 2014.
6.2 Financial – Signs and lining will be funded from the car parking revenue budget.
6.3  Legal – That the TRO be implemented as published.
6.4  HR – None known.  
6.5  Fairer Scotland Duty: 
6.5.1   Equalities - protected characteristics – None known. 
6.5.2   Socio-Economic Duty – None known. 
6.5.3  Islands – n/a.
6.6 Climate Change – n/a. 
6.7 Risk – Safer roads for all road users.
6.8  Customer Service – in line with Parking Policy Framework 2014. 
Kirsty Flanagan, Executive Director with responsibility for Roads and
Infrastructure Services

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Jim Smith, Head of Roads and Infrastructure Services 
Councillor Andrew Kain, Policy Lead for Roads and Transport 
November 2022              
For further information contact: 
Stuart Watson, Assistant Network & Standards Manager
Stuart.Watson@argyll-bute.gov.uk 
APPENDIXES 
Appendix 1 – Draft “Argyll and Bute Council (Off-Street Parking Places and Charges)
(Mid Argyll, Kintyre and Islay) 202_”
Appendix 2 – TRO Plans