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No ,its got something to do with the LA if they want to shut a road or pavement for building purposes. Its drawn up in the same way as a traffic order ,however I just wanted to ask if anyone has heard of or used one as a defence.
A Temporary Traffic Regulation Order (TTRO) is made by the Council when it is necessary to prohibit or control vehicular and / or pedestrian traffic along the highway.
TTROs can be applied to roads, footways or public rights of way. The Council can make a Temporary Traffic Regulation Order to cover planned situations, or they can issue an Urgent Notice if regulation is needed without delay.
TTROs are normally used to allow essential or emergency works to be carried out on the highway, typically installation of, or maintenance works to, services such as gas, electricity, water etc. However, roads can also be closed under the Town & Police Clauses Act, for street parties, etc.
TTROs are made under the Road Traffic Regulation Act 1984, as amended, and can take up to six weeks to arrange due to the legal requirements involved. A consultation process is undertaken with the police, emergency and other services. Initial public notification takes the form of an advertisement placed in the local press before the legal division makes the Temporary Regulation Order.
A TTRO can have a maximum duration of 18 months for a road and 6 months for a public right of way.
Usually the maximum duration of a TTRO by 'notice' without an 'order' is 5 days.
If by stopping-up order, you are referring to extinguishing a public right of way, then this cannot be done via TRO (TMO in London); it can only be done via a Magistrates' Court.
Such an order will rarely be granted by the Court unless there are no objections (it has to be advertised like a TRO) and/or there is a suitable alternative.
It is a complex and expensive process fraught with difficulty; many Councils will, if possible, use a TRO instead to restrict such a road to pedestrian and/or cyclist only as a simpler and cheaper alternative.
If by stopping-up order, you are referring to extinguishing a public right of way, then this cannot be done via TRO (TMO in London); it can only be done via a Magistrates' Court.
Such an order will rarely be granted by the Court unless there are no objections (it has to be advertised like a TRO) and/or there is a suitable alternative.
It is a complex and expensive process fraught with difficulty; many Councils will, if possible, use a TRO instead to restrict such a road to pedestrian and/or cyclist only as a simpler and cheaper alternative.
hello patdavies Yes this is what i was refering to. I am trying to help someone where some building works were carried out and I just happen to here of this mentioned. Im looking for paperwork that has a timescale on it and this maybe what im looking for ,if it exists.
This will help you sleep! The relevant section is S.118.
I was mistaken about a Magistrates' Court action (that was for something else to do with extinguishing a right of way - sorry). The power rests with the Secretary of State (except London, where it lies with the mayor).
This will help you sleep! The relevant section is S.118.
I was mistaken about a Magistrates' Court action (that was for something else to do with extinguishing a right of way - sorry). The power rests with the Secretary of State (except London, where it lies with the mayor).
Blimy, thanx matey.
sorry about the Q and A but im trying to sort three out at once.
Patdavies, while we online can you verify the foi act wth ref to tro's again.
Now im not questiuoning your knowkedge but I phoned an LA about tro requests and he said it was free to view but if you want them sent by post you have to use a foi request which they may charge for.
sorry about the Q and A but im trying to sort three out at once.
Patdavies, while we online can you verify the foi act wth ref to tro's again.
Now im not questiuoning your knowkedge but I phoned an LA about tro requests and he said it was free to view but if you want them sent by post you have to use a foi request which they may charge for.
They lie like cheap Japanese cuckoo clock
If you attempt to use the FoI Act, they can claim an exemption under section 21 of the Act
21 Information accessible to applicant by other means
(1) Information which is reasonably accessible to the applicant otherwise than under section 1 is exempt information.
(2) For the purposes of subsection (1)—
(a) information may be reasonably accessible to the applicant even though it is accessible only on payment, and
(b) information is to be taken to be reasonably accessible to the applicant if it is information which the public authority or any other person is obliged by or under any enactment to communicate (otherwise than by making the information available for inspection) to members of the public on request, whether free of charge or on payment.
(3) For the purposes of subsection (1), information which is held by a public authority and does not fall within subsection (2)(b) is not to be regarded as reasonably accessible to the applicant merely because the information is available from the public authority itself on request, unless the information is made available in accordance with the authority’s publication scheme and any payment required is specified in, or determined in accordance with, the scheme
and I was talking to a senior councilor in a particular LA who seems not to know the law. (BTW i know these people as part of my job as an engineer, you just get talking and before you know it their telling their life story lol)
I think getting a copy yourself, ie going to get one from the Town Hall and asking for one to be posted is the difference here. The Council is not obliged to post anything out just because you ring up and ask, where as if you do a FOI they will. They are obliged to make TROs available for inspection but not obliged to send them out.
correct, good advice. - always go in yourself (or get someone else to go in) and get the FULL copies your are entitled to - it isn't only inspection (see links above). Some councils do post them complete, some post documents that are not TROs, some can't find TROs...and some just refuse to Post.
When going to adjudication always include an argument about the TRO then the council HAS to produce it for the adjudicator (the council has to prove its case). Councils with no TRO/dodgy TRO then stuffed.
Stopping Up Order.
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Originally Posted by lamma
