The Road Traffic (Special Parking Area) (London Borough of Enfield) Order 1994

Statutory Instruments

1994 No. 1496

ROAD TRAFFIC

The Road Traffic (Special Parking Area) (London Borough of Enfield) Order 1994

Made

6th June 1994

Laid before Parliament

13th June 1994

Coming into force

4th July 1994

Whereas the council of the London borough of Enfield has applied to the Secretary of State for an order to be made under section 76 of the Road Traffic Act 1991(1) and the Secretary of State has consulted the Commissioner of Police of the Metropolis in accordance with section 76(2) of that Act:

NOW, the Secretary of State for Transport, in exercise of the powers conferred by section 76(1) and section 77(6) of the Road Traffic Act 1991 and of all other powers enabling him in that behalf, hereby makes the following Order:—

Citation and commencement

1.  This Order may be cited as the Road Traffic (Special Parking Area) (London Borough of Enfield) Order 1994 and shall come into force on 4th July 1994.

Interpretation

2.  In this Order—

“the 1984 Act” means the Road Traffic Regulation Act 1984(2);

“the 1991 Act” means the Road Traffic Act 1991;

a reference in the Schedule to a number followed by the letter “m” is a reference to that number of metres; and

where a road referred to in the Schedule to this Order (“the main road”) is joined by another road (“the side road”), whether or not that other road is referred to in the Schedule, and the footway to the main road runs on either side of the mouth of the side road, the junction between the two roads shall be taken to be an imaginary line drawn across the mouth of the side road between the respective ends of the back line of the footway to the main road on each side.

Designation of special parking area

3.—(1) The Secretary of State hereby designates the London borough of Enfield except the roads named or described in the Schedule to this Order as a special parking area.

(2) The descriptions of the A10 and A406 at items 1 and 2 of the Schedule shall be taken to include only the main carriageways of the A10 and A406 and the footways immediately adjacent to those carriageways and, accordingly, the service roads comprised in the A10 and the A406 to their respective junctions with those carriageways are included in the special parking area.

(3) A reference in the following provisions of this Order to the special parking area is a reference to the area designated by this article.

Modification of the Road Traffic Regulation Act 1984

4.—(1) Section 55 of the 1984 Act (financial provisions relating to designation orders) shall have effect in relation to the London borough of Enfield as if—

(a) at the end of subsection (1) there were inserted the words “and of the income from additional parking charges (within the meaning of section 74(8) of the Road Traffic Act 1991) received by them in respect of vehicles found within the special parking area and the expenditure incurred by them in the discharge of functions exercisable by them in relation to the special parking area by virtue of Part II of the Road Traffic Act 1991”; and

(b) after subsection (1) there were inserted the following subsection:—

“(1A) In subsection (1) above, references to “the special parking area” are to the area designated as a special parking area by the Road Traffic (Special Parking Area) (London Borough of Enfield) Order 1994.”

(2) Section 102(2) of the 1984 Act (charges for removal, storage and disposal of vehicles) shall have effect in relation to a vehicle found in the special parking area as if, in paragraph (d), for the words “a parking place” to the end there were substituted—

“(i) a parking place designated under section 6, 9 or 45 of this Act or otherwise provided or controlled by that authority, or

(ii) a place where the vehicle was stationary in circumstances in which an offence would have been committed in respect of the vehicle but for section 76(3) of the Road Traffic Act 1991,

as they may require.”

Modification of the Road Traffic Act 1991

5.—(1) Section 70 of the 1991 Act (exemptions from provisions relating to the immobilisation of vehicles in parking places) shall have effect in relation to a vehicle found in the special parking area as if, in subsections (1) and (2), after the words “section 69(1)” there were inserted the words “or section 77(4)”.

(2) Section 71 of the 1991 Act (representations in relation to removal or immobilisation of vehicles) shall have effect in relation to a vehicle found in the special parking area as if, for subsection (4), there were substituted the following subsection:—

“(4) The grounds are—

(a) that there were no reasonable grounds for the parking attendant concerned to believe that either—

(i) the vehicle had been permitted to remain at rest in the parking place in circumstances specified in section 66(2)(a), (b) or (c) of this Act, or

(ii) the vehicle had been permitted to remain at rest in a special parking area (other than in a designated parking place) in circumstances in which an offence would have been committed in respect of the vehicle but for section 76(3) of this Act;

(b) that the vehicle had been permitted to remain at rest in the place in question by a person who was in control of the vehicle without the consent of the owner;

(c) that the place at which the vehicle was at rest was neither a designated parking place nor in a special parking area;

(d) in a case within subsection (1)(d) above, that, by virtue of an exemption given by section 70 of this Act, neither section 69 nor 77(4) of this Act applied to the vehicle at the time in question; or

(e) that the penalty or other charge in question exceeded the amount applicable in the circumstances of the case.”

(3) Section 74(8) of the 1991 Act (fixing of certain parking and other charges for London) shall have effect in relation to the London borough of Enfield as if, after the words “section 69”, there were inserted the words “or section 77(4)”.

(4) Section 79(2) of the 1991 Act (application to Crown and visiting forces) shall have effect in relation to a vehicle found in the special parking area as if, for “66 and 69 to 71”, there were substituted “66, 69 to 71, 76 and 77”.

(5) Schedule 6 to the 1991 Act (parking penalties) shall have effect in relation to a vehicle found in the special parking area as if—

(a) in sub-paragraph (c) of paragraph 2(4), for the words “the parking place” there were substituted the words “the place in question”, and

(b) in sub-paragraph (d) of paragraph 2(4), the word “designation” were omitted.

Signed by authority of the Secretary of State for Transport

Steven Norris

Parliamentary Under Secretary of State,

Department of Transport

6th June 1994

Article 3(1)

THE SCHEDULE ROADS IN THE LONDON BOROUGH OF ENFIELD EXCLUDED FROM THE SPECIAL PARKING AREA

1.  A10 between its junction with M25 and the borough boundary with the London borough of Haringey.

2.  A406 between the borough boundary with the London borough of Barnet and the borough boundary with the London borough of Waltham Forest.

Roads adjacent to A10

3.  Bullsmoor Lane—

(a) (east arm)

(i) (north side) between its junction with the Great Cambridge Road (A10) and a point 5m north east of the north eastern flank wall of 235 Bullsmoor Lane (A1055);

(ii) (south side) between its junctions with the Great Cambridge Road (A10) and a point 10m south west of the north eastern flank wall of 235 Bullsmoor Lane (A1055);

(b) (west arm) between its junction with the Great Cambridge Road (A10) and an imaginary straight line drawn between a point on the south east side at the north east flank wall of 190 Bullsmoor Lane (A105) and a point opposite.

4.  Bury Street West—

(a) (north side) between its junction with the Great Cambridge Road (A10) and a point 6m east of the eastern kerbline of Delhi Road;

(b) (south side) between its junction with the Great Cambridge Road (A10) and a point opposite the eastern kerbline of Delhi Road.

5.  Bury Street between its junction with the Great Cambridge Road (A10) and an imaginary straight line drawn between a point on the south side 2m east of the western flank wall of 234 Bury Street and a point opposite.

6.  Cambridge Gardens between its junction with the Great Cambridge Road (A10) and a point 13m west of the western kerbline of Great Cambridge Road.

7.  Carterhatch Lane—

(a) (east arm)

(i) (north side) between its junction with the Great Cambridge Road (A10) and a point 5m east of the western flank wall of 152 Carterhatch Lane;

(ii) (south side) between its junction with the Great Cambridge Road (A10) and the western flank wall of 152 Carterhatch Lane;

(b) (west arm)

(i) (north side) between its junction with the Great Cambridge Road (A10) and a point 7m east of the eastern kerbline of Baynes Close;

(ii) (south side) between its junction with the Great Cambridge Road (A10) and a point 23m east of the eastern kerbline of Baynes Close.

8.  Church Street, Edmonton—

(a) (south east arm) between its junction with the Great Cambridge Road (A10) and an imaginary straight line drawn between a point on the south west side at the common boundary of 312 and 314 Church Street, Edmonton (B154) and a point opposite;

(b) (north west arm) between its junction with the Great Cambridge Road (A10) and an imaginary straight line drawn between a point on the north east side at the common boundary of 277 and 279 Church Street, Edmonton (B154) and a point opposite.

9.  Deansway between its junction with the Great Cambridge Road (A10) and a point 10m south east of the south eastern kerbline of Great Cambridge Road.

10.  Empire Avenue—

(a) (north side) between its junction with the Great Cambridge Road (A10) and a point 4.5m west of the western kerbline of Great Cambridge Road;

(b) (south side) between its junction with the Great Cambridge Road (A10) and a point 5m west of the western kerbline of Great Cambridge Road.

11.  Great Cambridge Road (A10) southbound off slip road between its junction with the Great Cambridge Road (A10) and a point 2m south west of the common boundary of 9 and 10 Morecombe Terrace, Great Cambridge Road (A10).

12.  Great Cambridge Road (A10) westbound off slip road between its junction with the Great Cambridge Road (A10) and its junction with Bury Street West.

13.  Harrow Drive between its junction with the Great Cambridge Road (A10) and an imaginary straight line drawn between a point on the south side 19m west of the common boundary of 2 and 4 Harrow Drive and a point opposite.

14.  Hedge Lane (A111) between its junction with the Great Cambridge Road (A10) and the south eastern kerbline of Franlaw Crescent.

15.  Hoe Lane—

(a) (east arm)

(i) (north side) between its junction with the Great Cambridge Road (A10) and a point 38m west of the western flank wall of 204 Hoe Lane;

(ii) (south side) between its junction with the Great Cambridge Road (A10) and a point 47m west of the western flank wall of 204 Hoe Lane;

(b) (west arm)

(i) (north side) between its junction with the Great Cambridge Road (A10) and a point 48m east of the eastern flank wall of 253 Hoe Lane;

(ii) (south side) between its junction with the Great Cambridge Road (A10) and a point 38m east of the eastern flank wall of 253 Hoe Lane.

16.  Latymer Way between its junction with the Great Cambridge Road (A10) and a point 10m south east of the south eastern kerbline of Great Cambridge Road.

17.  Lee Road—

(a) (north east side) between its junction with the Great Cambridge Road (A10) and a point 20m south east of the south eastern kerbline of Great Cambridge Road;

(b) (south west side) between its junction with the Great Cambridge Road (A10) and a point 16m south east of the south eastern kerbline of Great Cambridge Road.

18.  Lincoln Road—

(a) (east arm)

(i) (north side) between its junction with the Great Cambridge Road (A10) and a point 67.67m east of the eastern kerbline of Great Cambridge Road;

(ii) (south side) between its junction with the Great Cambridge Road (A10) and a point 67.67m east of the eastern kerbline of Great Cambridge Road.

(b) (west arm)

(i) (north side) between its junction with the Great Cambridge Road (A10) and a point 12m west of the western kerbline of Great Cambridge Road;

(ii) (south side) between its junction with the Great Cambridge Road (A10) and a point 19m west of the western kerbline of Great Cambridge Road.

19.  Lister Gardens between its junction with the Great Cambridge Road (A10) and a point 10m west of the western kerbline of the Great Cambridge Road.

20.  Pasteur Gardens between its junction with the Great Cambridge Road (A10) and a point 10m west of the western kerbline of Great Cambridge Road.

21.  Southbury Road—

(a) (east arm)

(i) (north side) between its junction with the Great Cambridge Road (A10) and the eastern flank wall of 280 Southbury Road (A110);

(ii) (south side) between its junction with the Great Cambridge Road (A10) and a point 4m east of the eastern flank wall of 280 Southbury Road (A110);

(b) (west arm) between its junction with the Great Cambridge Road (A10) and an imaginary straight line drawn between a point on the south west side at the eastern flank wall of 265 Southbury Road (A110) and a point opposite excluding the service road fronting 267 to 305 Southbury Road.

22.  Taplow Road.

23.  Trinity Avenue between its junction with the Great Cambridge Road (A10) and a point 6m south east of the south eastern flank wall of 90 Trinity Avenue.

24.  Turkey Street—

(a) (east arm) between its junction with the Great Cambridge Road (A10) and a point 12m west of the western flank wall of 81 Dendrige Close;

(b) (west arm)

(i) (north east side) between its junction with the Great Cambridge Road (A10) and a point 55m south east of the south eastern kerbline of Bowles Green;

(ii) (south west side) between its junction with the Great Cambridge Road (A10) and a point 58m south east of the south eastern kerbline of Bowles Green.

25.  Unnamed access road (leading to Cheapside and 290-294 Hedge Lane) between its junction with Hedge Lane and a point 10m south west of the south western kerbline of Hedge Lane.

26.  Weir Hall Avenue between its junction with the Great Cambridge Road (A10) and a point 10m east of the eastern kerbline of Great Cambridge Road.

27.  Westerham Avenue between its junction with the Great Cambridge Road (A10) and a point 40m south east of the south eastern kerbline of Great Cambridge Road.

28.  Wilbury Way between its junction with the Great Cambridge Road (A10) and a point 10m east of the eastern kerbline of Great Cambridge Road.

Roads adjacent to A406

29.  Bexhill Road between its junction with Telford Road (A406) and a point 18.29m south east of the south eastern kerbline of Telford Road.

30.  Bounds Green Road (A109) between its junction with Telford Road (A406) and the borough boundary with the London borough of Haringey.

31.  Bowes Road (A1110)—

(a) (north east side) between its junction with Telford Road (A406) and a point 9.14m south east of the common boundary of 239 and 241 Bowes Road;

(b) (south west side) between its junction with Telford Road (A406) and the south eastern boundary of 239 Bowes Road.

32.  Brownlow Road (B106) between its junction with Bowes Road (A406) and a point 30m south of the southern kerbline of Bowes Road.

33.  Bull Lane between its junction with Sterling Way (A406) and a point 13m south east of the south eastern kerbline of Sterling Way.

34.  Callard Avenue—

(a) (east side) between its junction with the North Circular Road (A406) and a point 18.29m north of the northern kerbline of the North Circular Road;

(b) (west side) between its junction with the North Circular Road (A406) and a point 18.29m north of the northern kerbline of the North Circular Road.

35.  College Close—

(a) (north west side) between its junction with Sterling Way (A406) and a point 18.29m south west of the south western kerbline of Sterling Way;

(b) (south east side) between its junction with Sterling Way (A406) and a point 18.29m south west of the south western kerbline of Sterling Way.

36.  Cross Street between its junction with Angel Road (A406) and a point 18.29m south of the southern kerbline of Angel Road.

37.  Edinburgh Road between its junction with Angel Road (A406) and a point 18.29m north of the northern kerbline of Angel Road.

38.  Evesham Road—

(a) (north east side) between its junction with Telford Road (A406) and a point 18.29m east of the south eastern kerbline of Telford Road;

(b) (south west side) between its junction with Telford Road (A406) and a point 18.29m east of the south eastern kerbline of Telford Road.

39.  Fore Street (A1010)—

(a) (north east arm)

(i) (north west side) between its junction with Sterling Way (A406) and a point 4m south west of the common boundary of 205 and 207 Fore Street (A1010);

(ii) (south east side) between its junction with Angel Road (A406) and a point 22m north east of the north eastern flank wall of 210 Fore Street (A1010), excluding the service road fronting 7 to 11 Angel Corner Parade, Angel Road (A406) and the service road fronting 210 Fore Street (A1010);

(b) (south west arm)

(i) (north west side) between its junction with Sterling Way (A406) and a point opposite the common boundary of 2 Sterling Way (A406) and 179 Fore Street (A1010);

(ii) (south east side) between its junction with Sterling Way (A406) and the north eastern kerbline of Raynham Road.

40.  Gloucester Road—

(a) (north east side) between its junction with Sterling way (A406) and the south eastern kerbline of Somerset Road;

(b) (south west side) between its junction with Sterling Way (A406) and the north western kerbline of Somerset Road.

41.  Green Lanes (A105)—

(a) (north arm)

(i) (east side) between its junction with North Circular Road (A406) and a point 5m north of the common boundary of 183 and 185 Green Lanes;

(ii) (west side) between its junction with Bowes Road (A406) and a point 9m north of the common boundary of 183 and 185 Green Lanes;

(b) (south arm)

(i) (east side) between its junction with North Circular Road (A406) and a point 3m south of the southern flank wall of 70 Green Lanes;

(ii) (west side) between its junction with Bowes Road (A406) and a point 5m south of the southern flank wall of 141/143 Green Lanes.

42.  Hastings Road between its junction with Telford Road (A406) and a point 18.29m south east of the south eastern kerbline of Telford Road.

43.  Highworth Road between its junction with Bowes Road (A406) and a point 18.29m south west of the south western kerbline of Bowes Road.

44.  Livingstone Road between its junction with Bowes Road (A406) and a point 18.29m south of the southern kerbline of Bowes Road.

45.  Lower Maidstone Road—

(a) (north east side) between its junction with Telford Road (A406) and a point 18.29m east of the south eastern kerbline of Telford Road;

(b) (south west side) between its junction with Telford Road (A406) and a point 18.29m east of the south eastern kerbline of Telford Road.

46.  Melville Gardens between its junction with the North Circular Road (A406) and a point 18.29m south east of the south eastern kerbline of the North Circular Road.

47.  Milton Grove between its junction with Telford Road (A406) and a point 18.29m north west of the north western kerbline of Telford Road.

48.  Moffat Road between its junction with Bowes Road (A406) and a point 18.29m south of the southern kerbline of Bowes Road.

49.  Montagu Road—

(a) (north west side) between its junction with Angel Road (A406) and a point opposite the south western flank wall of Shropshire House, 15 Cavendish Close;

(b) (south east side) between its junction with Angel Road (A406) and a point opposite the south western flank wall of Shropshire House, 15 Cavendish Close.

50.  Natal Road—

(a) (north west side) between its junction with Bowes Road (A406) and a point 18.29m south west of the south western kerbline of Bowes Road;

(b) (south east side) between its junction with Bowes Road (A406) and a point 18.29m south west of the south western kerbline of Bowes Road.

51.  Oakthorpe Road—

(a) (north east side) between its junction with the North Circular Road (A406) and a point 18.29m north west of the northern kerbline of the North Circular Road;

(b) (south west side) between its junction with the North Circular Road (A406) and a point 25m north west of the northern kerbline of the North Circular Road.

52.  Ollerton Road between its junction with Bowes Road (A406) and a point 18.29m south west of the south western kerbline of Bowes Road.

53.  Palmerston Road between its junction with Bowes Road (A406) and a point 18.29m south of the southern kerbline of Bowes Road.

54.  Pevensey Avenue between its junction with Telford Road (A406) and a point 18.29m south east of the south eastern kerbline of Bowes Road.

55.  Powys Lane between its junction with Bowes Road (A406) and a point 3.96m south west of the north eastern boundary of Powys Court, Powys Lane.

56.  Pymmes Road—

(a) (north west side) between its junction with Bowes Road (A406) and a point opposite the common boundary of 1 and 2 Pymmes Road;

(b) (south east side) between its junction with Bowes Road (A406) and a point 18.29m south west of the southern kerbline of Bowes Road.

57.  Silver Street, Edmonton—

(a) (i) (north east side) between its junction with Sterling Way (A406) and a point 94m south east of the western kerbline of Sweet Briar Walk;

(ii) (south west side) between its junction with Sterling Way (A406) and a point 50.29m north west of the northern kerbline of Sterling Way;

(b) (i) (north west side) between a point 4m north east of the eastern flank wall of 285 Silver Street and a point 66.75m west of the western kerbline of Windmill Road;

(ii) (south east side) between a point 9m north east of the eastern flank wall of 285 Silver Street and a point 66.75m west of the western kerbline of Windmill Road.

58.  Stanley Road—

(a) (north west side) between its junction with Bowes Road (A406) and a point 18.29m south west of the south western kerbline of Bowes Road;

(b) (south east side) between its junction with Bowes Road (A406) and a point 31.7m south west of the south western kerbline of Bowes Road.

59.  Station Road (A109)—

(a) (north east side) between its junction with Telford Road (A406) and a point 54.85m north west of the north western kerbline of Telford Road;

(b) (south west side) between its junction with Pinkham Way (A406) and a point 47.24m north west of the north western kerbline of Telford Road.

60.  Tewkesbury Terrace—

(a) (north east side) between its junction with Telford Road (A406) and a point 18.29m east of the south eastern kerbline of Telford Road;

(b) (south west side) between its junction with Telford Road (A406) and a point 18.29m east of the south eastern kerbline of Telford Road.

61.  Unnamed access road (leading to Aberdeen Road) between its junction with Angel Road (A406) and a point 8.5m north of the northern kerbline of Angel Road.

62.  Unnamed access road (between the westbound on slip road of the North Circular Road (A406) and Chequers Way)—

(a) (north west side) between its junction with the westbound on slip road of the North Circular Road (A406) and a point 14m south west of the southern kerbline of the westbound on slip road of the North Circular Road;

(b) (south east side) between its junction with the westbound on slip road of the North Circular Road (A406) and a point 14m south west of the southern kerbline of the westbound on slip road of the North Circular Road.

63.  Unnamed access road between the westbound on slip road of the North Circular Road (A406) and Ostliffe Road.

64.  Victoria Road between its junction with Sterling Way (A406) and an imaginary straight line drawn between a point on the south east side at the south western boundary of 1 Victoria Road and a point opposite.

65.  Warwick Road—

(a) (west side) between its junction with Bowes Road (A406) and a point 18.29m south of the southern kerbline of Bowes Road;

(b) (east side) between its junction with Bowes Road (A406) and a point 18.29m south of the southern kerbline of Bowes Road.

66.  West Way.

67.  Wilmer Way (B1452) between its junction with Bowes Road (A406) and an imaginary straight line drawn between a point on the north west side at the common boundary of 61 and 63 Wilmer Way and a point opposite.

68.  York Road between its junction with Angel Road (A406) and a point 18.29m south of the southern kerbline of Angel Road.

Explanatory Note

(This note is not part of the Order)

This Order designates the whole of the London borough of Enfield (excluding the roads referred to in the Schedule) as a special parking area for the purposes of Part II of the Road Traffic Act 1991 with effect from 4th July 1994. The Order also makes consequential modifications to the Road Traffic Regulation Act 1984 and to Part II of the 1991 Act.

(1)

1991 c. 40.

(2)

1984 c. 27; section 55 is amended by paragraph 5 of Schedule 7 to the Road Traffic Act 1991. Section 101 is amended by section 67 and section 102 by section 68 of that Act. Both sections are affected by transitional provisions in the Road Traffic Act 1991 (Commencement No. 6 and Transitional Provisions) Order 1993 (S.I. 1993/1461, amended by S.I. 1993/2229) and in the Road Traffic Act 1991 (Commencement No. 11 and Transitional Provisions) Order 1994 (S.I. 1994/1482).