To undertake a pre-decision scrutiny of the draft Protocol for Motorsports Events. The report of the Portfolio Holder for Finance, Countryside and Transport is attached.
Minutes:
The Committee undertook a pre-decision scrutiny of the report of the Portfolio Holder for Finance, Countryside and Transport.
The revised protocol seeks a balance between safety and access to rights of way. Whilst these events are not trials of speed they are events where there will be many people as well as vehicles. Advice from Counsel was sought who advised that temporary closure notices should be used for rights of way where such events take place. The benefits of this is to protect public safety as well giving the public access to other footpaths instead of those affected by the event. The Committee was advised that the Section 151 Officer had commented that whilst the closures would cause the Council additional administrative costs, the charges would cover this additional work.
Question / Comment: Is public liability in place if the footpath remains open and is this covered by the application? |
Response: This is what has led to the revised protocol due to the risk. The liability remains with the driver. However if a member of the public uses a path which is closed then this is an offence. |
Question / Comment: How many of these events have been in the last 2 years? |
Response: 30 events in 2019 up to 45 in previous years. |
Question / Comment: Whilst the law has not changed, the protocol has changed regularly. Organisers want a period of calm. This revision will cause more work and lead to less events. There is an economic benefit from these events which should not be slowed down. As a number of events have been arranged the start date at the end of July is not helpful, so can this be delayed? As there's been so much change, can the new protocol be reviewed after 12 months and then a moratorium on changes for 5 years. Other Council also charge different rates with some not charging at all due to economic benefits. |
Response: There have been no changes to the protocol in the last few years. There have been discussions with organisers. With regard to costs, if the organisation does the work then it will cost less. There is also no element of profit in the costs to be levied, they will just cover the Council's costs. The consultation process has been a lengthy process. It is also difficult to measure the economic benefits from such events. |
Question / Comment: If an event is on a bridleway and on a road does this process cover both? Is there monitoring of these events? |
Response: Yes where use of public rights of way are concerned. The process can also be applied to trials of average speed which is a bit of a grey area. The process does not absolve drivers from driving with due care and attention. |
Question / Comment: Will the new protocol apply to new events rather than from a specific date: There also needs to be a single point of contact for events seeking advice for all aspects of the event. |
Response: The start date suggested is when the new process will apply to applications received. Any events which have been arranged or applied for prior to the start date will operate under the current process. The application form is a simple checklist to assist organisers. |
Question / Comment: How will temporary closures be advertised. |
Response: As these will be a maximum of 5 day closures, there will be notices on site and contact with Town and Community Councils, and path user groups. The intention of the new process is to speak to people earlier about events than happens under the current process. |
Question / Comment: If an organisation submits an application before July, will they use the current protocol? Can the new protocol be reviewed after 12 months, including fees? |
Response: Yes it is the current protocol for applications before July. Organisers will be contacted after 12 months to see if changes are needed. The review will also consider fees. |
Question / Comment: How does the protocol work within the National Park Area? |
Response: The protocol will apply to the National Park area within Powys. |
Outcome:
The report and responses to questions were noted.
Supporting documents: