Swansea Council / RCT — community council not consulted on TRO in Welsh-speaking ward
In communities served by a Community Council (Cyngor Cymuned), the principal Council should consult the community council under regulation 6(2)(b) of SI 1996/2489 and under the Local Government (Wales) Measure 2011 / Local Government and Elections (Wales) Act 2021 'community engagement' duties. Failure to do so where the community council is functioning, particularly in Welsh-speaking wards in Swansea (Mawr, Pontarddulais), Carmarthenshire, RCT, can found a procedural attack on the underlying TRO.
Legal basis
Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996 (SI 1996/2489) reg 6; Local Government (Wales) Measure 2011; Local Government and Elections (Wales) Act 2021 s.39
How to identify this in your case
FOI the Council for the consultation log on the TRO. If no community council consultation, this defence applies.
Sample appeal wording
Dear Sir/Madam, Re: PCN [PCN_NUMBER] The TRO underlying the alleged contravention was made on [DATE]. The location falls within the area of [COMMUNITY COUNCIL]. Under regulation 6(2) of SI 1996/2489 and section 39 of the Local Government and Elections (Wales) Act 2021, the principal Council was required to consult the community council on the proposal. FOI request [REF] confirms that no such consultation took place. The TRO is therefore not validly made and the contravention cannot stand. Please cancel the PCN. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- legislation.gov.uk/uksi/1996/2489
- legislation.gov.uk/anaw/2021/1