Posted as requested by Cllr. John Taylor (17 January 2019)
KIRKLEES COUNCIL
(TRAFFIC REGULATION) (No.4) ORDER 2018
PROPOSED 7.5 TONNE WEIGHT RESTRICTION
VARIOUS ROADS IN FLOCKTON, FLOCKTON MOOR, EMLEY,
MIDDLESTOWN AND OVERTON
The Council of the Borough of Kirklees (“the Council”) in exercise of their powers under Sections 1, 2, 3(2) and 4 of the Road Traffic Regulation Act 1984 (“the Act”) and of all other enabling powers and after consultation with the Chief Officer of Police in accordance with Part III of Schedule 9 to the Act hereby make the following Order which relates to roads at Flockton, Flockton Moor and Emley in the Kirklees District, and Middlestown and Overton in the Wakefield District.
PART I
Interpretation
1. Save where the context otherwise requires, any reference in this Order to a numbered Article is a reference to the Article bearing that number in this Order.
2. In this Order the expression “maximum gross weight” has the same meaning as in Regulation 4 in Section 1 of Part 1 of the Traffic Signs Regulations and General Directions 2002.
PART II
Weight Restrictions
3. Save as provided in Article 4 no person shall, except upon the direction or with the permission of a police constable in uniform, cause or permit any vehicle of over 7.5 tonnes maximum gross weight to proceed in the lengths of road in the directions specified in the Schedule to this Order.
4. Nothing in Article 3 shall render it unlawful for a person to cause or permit any vehicle over 7.5 tonnes maximum gross weight to proceed in the lengths of road so specified if the vehicle is being used:-
(a) in connection with the carrying out on that length of road of any of the following operations, namely:-
(i) building, industrial or demolition operations;
(ii) the removal of any obstruction to traffic;
(iii) the maintenance, improvement or reconstruction of that length of road;
(iv) the laying, erection, alteration or repair in or on land adjacent to that length of road of any sewer or any main, pipe or apparatus for the supply of gas, water or electricity or any telecommunications apparatus as defined in Section 4(3) of the Telecommunications Act 1984.
(b)for fire and rescue service, police or ambulance purposes;
(c) in the service of a local authority or water authority in pursuance of statutory powers or duties;
(d) for the purposes of agriculture on any land adjacent to that length of road or for or in connection with the conveyance or haulage of timber felled upon such land;
(e) for or in connection with the conveyance of goods to or from any premises on or adjacent to that length of road, or any other road accessible from and only from that length of road;
(f) to proceed to or from any premises which are situated adjacent to that length of road and at which time the vehicle is to be, or has been, garaged, serviced or repaired.
(g) to access to and egress from any premises which are situated adjacent to that length of road to proceed and to return from the said premises along the same route
(h) is a public service vehicle as defined in section (2)(1)(a) of the Public Passenger Vehicles Act 1981 being a stage carriage being used in the operation of a local service
5. The Council are satisfied that for preventing damage to the roads or buildings on or near them and for preserving or improving the amenities of the area through which the lengths of road specified in the Schedule to this Order run by restricting the use of the said lengths of road by vehicles over 7.5 tonnes maximum gross weight, it is requisite that Section 3(1) of the Act should not apply in relation to this Order.
PART III
General
6. The restrictions imposed by this Order shall be in addition to and not in derogation of any restrictions or requirements imposed by any Regulations made or having effect as if made under the Act or by or under any other enactment.
7. For the avoidance of doubt any reference in this Order to a length of road shall be deemed to be a reference to more than one length of road where the context requires it.
8. Any reference in this Order to a Statute or Statutory Instrument shall include reference to any re-enactment or replacement thereof.
9. This Order shall come into operation on the day of 2019 and may be cited as the “Kirklees Council (Traffic Regulation) (No.4) Order 2018”.
GIVEN under the Corporate Common Seal of the Council of the Borough of Kirklees this day of Two thousand and Nineteen.
THE CORPORATE COMMON SEAL of THE COUNCIL OF BOROUGH OF KIRKLEES was here unto affixed in the presence of:
Assistant Director, Legal, Governance and Monitoring /Authorised Signatory
SCHEDULE
Download the full document and schedule, here. (Word docx)
KIRKLEES COUNCIL
(TRAFFIC REGULATION) (No.4) ORDER 2018
VARIOUS ROADS IN FLOCKTON MOOR, EMLEY,MIDDLESTOWN AND OVERTON
NOTE: This a re-advertisement due to the addition of the service bus exemption to the order. Previous objections will still be taken in to consideration.
The Council of the Borough of Kirklees propose to make the above Order under their powers in the Road Traffic Regulation Act 1984 the effect of which, as it affects lengths of road in Flockton Moor, Emley, Middlestown and Overton in the Kirklees district, will be to apply a 7.5 tonne weight restriction to the following roads:
1. The route consisting of Paul Lane, Moor Top Lane, Lenacre Lane, Westfield Lane, Jagger Lane, Chapel Lane, Beaumont Street, Upper Lane, Ash Lane and Woodhouse Lane, in a generally south-eastern direction;
• from its junction with the A642 Wakefield Road
• to its junction with the A636 Wakefield Road
2. A637 Barnsley Road in a generally eastern direction;
• from a point 170 metres south east of its junction with A642 Wakefield Road
• to a point 100 metres east of its junction with Hardcastle Lane.
3. The route consisting of Cross Road, Old Road and Hardcastle Lane, in a generally south-western direction;
• from its junction with the A642 Wakefield Road
• to a point on the A637 Barnsley Road 91 metres east of its junction with Hardcastle Lane.
4. The route consisting of Green Lane, Old Road and Hardcastle Lane, in a generally south-western direction;
• from its junction with the A642 Wakefield Road
• to a point on the A637 Barnsley Road 91 metres east of its junction with Hardcastle Lane.
5. The route consisting of the un-named road immediately west of 184 Old Road, Old Road and Hardcastle Lane, in a generally south-western direction;
• from its junction with the A642 Wakefield Road
• to a point on the A637 Barnsley Road 91 metres east of its junction with Hardcastle Lane.
6. The route consisting of Grange Lane, Old Road and Hardcastle Lane, in a generally south-eastern direction;
• from its junction with the A642 Wakefield Road
• to a point on the A637 Barnsley Road 91 metres east of its junction with Hardcastle Lane.
ADMINISTRATIVE ORDER ONLY. NO ON SITE CHANGES. Reason: to clarify that the restriction allows access to premises within the boundary of the order to enable appropriate enforcement and for service buses.
NOTE: This a re-advertisement due to the addition of the service bus exemption to the order. Previous objections will still be taken in to consideration.
A copy of this draft Order, together with the plans showing the affected lengths of road and a statement of reasons for proposing the Order may be examined during normal office hours at:-
• 1. Customer Service Centre, Civic Centre 3, Huddersfield
• 2. Or web address: www.kirklees.gov.uk/trafficregulation.
If you wish to object to the proposed Order you may send grounds of your objection in writing to reach the undersigned by not later than 18th February 2019, quoting reference DEV/JE/D116-1804.
Dated this 18th day of January 2019.
Julie Muscroft – Assistant Director – Legal, Governance and Monitoring Kirklees Council, 2nd Floor, High Street Buildings, High Street, Huddersfield, HD1 2ND
Download the Notice of Proposal document, here (Word docx)
Other documents
Flockton TRO Plan 1 (pdf)
Flockton TRO Plan 2 (pdf)
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