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Statutory Instruments

1994 No. 1508

ROAD TRAFFIC

The Road Traffic (Special Parking Areas) (London Borough of Lambeth) 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 Lambeth 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 Areas) (London Borough of Lambeth) Order 1994 and shall come into force on 4th July 1994.

Interpretation

2.—(1) 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 to a numbered Schedule is a reference to the Schedule to this Order so numbered;

a reference in Schedule 3 to a number followed by the letter “m” is a reference to that number of metres; and

where a road referred to in Schedule 3 (“the main road”) is joined by another road (“the side road”), whether or not that other road is referred to in that 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.

(2) In this Order subject to paragraph (3) below “designated area” means one of the areas in the London borough of Lambeth lying within the outer edge of the boundaries delineated in red on the maps respectively comprising Schedules 1 and 2.

(3) In relation to each road named first in a paragraph in Part I or II of Schedule 3—

(a)the part of the road described in each such paragraph shall be taken to be in the designated area to which the paragraph relates, and

(b)the remainder of the road shall be taken not to be in that area,

and, accordingly, in so far as there is any inconsistency between this paragraph and paragraph (2) above, this paragraph shall prevail.

Designation of special parking areas

3.—(1) Subject to paragraph (2) below the Secretary of State hereby designates each of the designated areas as a special parking area.

(2) The roads described in Part III of Schedule 3 shall not be included in a special parking area.

(3) A reference in the following provisions of this Order to a special parking area is a reference to an 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 Lambeth 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 a special parking area and the expenditure incurred by them in the discharge of functions exercisable by them in relation to a 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 “a special parking area” are to an area designated as a special parking area by the Road Traffic (Special Parking Areas) (London Borough of Lambeth) 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 a 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 a 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 a 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 Lambeth 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 a 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 a 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

SCHEDULE 1SPECIAL PARKING AREAS IN THE VICINITY OF BRIXTON

SCHEDULE 2SPECIAL PARKING AREA IN THE VICINITY OF NORTH LAMBETH

Regulation 3

SCHEDULE 3PARTS OF ROADS INCLUDED IN SPECIAL PARKING AREAS

PART 1ROADS IN THE VICINITY OF BRIXTON

1.  Acre Lane between its junction with Clapham Park Road and a point opposite the boundary between 4a and 6 Acre Lane.

2.  Angell Park Gardens between its junction with Fyfield Road and a point 23.77m north east of the north eastern kerbline of Fyfield Road.

3.  Arlesford Road between its junction with Landor Road and a point 12.19m north west of the north western kerbline of Landor Road.

4.  Ashmere Grove between its junction with Acre Lane and a point 21.34m north west of the north western kerbline of Acre Lane.

5.  Astoria Walk between a point 4m north of the northern boundary of 221 Stockwell Road and a point 1m south of the boundary between 376 and 378 Brixton Road.

6.  Atherfold Road between its junction with Landor Road and a point 18.29m north west of the north western kerbline of Landor Road.

7.  Atlantic Road between its junction with Railton Road and a point 10m north west of the western boundary of 10 Atlantic Road.

8.  Barrington Road between its junction with Coldharbour Lane and a point 6.10m south west of the south western kerbline of the south western access road to 1 to 22 Eldon House, Barrington Road.

9.  Baytree Road between its junction with Acre Lane and a point 5m north west of the south eastern front boundary of Effra Court, Brixton Hill.

10.  Bedford Road between its junction with Clapham Park Road and Acre Lane and a point 79.25m north west of the north western kerblines of Clapham Park Road and Acre Lane.

11.  Beehive Place between its junction with Brixton Station Road and a point 1.5m east of the western front wall of 393 Brixton Road.

12.  Bellefields Road—

(a)(north side) between its junction with Pulross Road and a point 5m south west of the north eastern front boundary of 232 Stockwell Road;

(b)(south side) between its junction with Pulross Road and a point 4m south west of the north eastern front boundary of 234 to 244 Stockwell Road.

13.  Binfield Road between its junction with Lansdowne Way and a point 18m west of the western wall of 2 Binfield Road.

14.  Branksome Road between its junction with Acre Lane and a point 33.53m south of the south western kerbline of Acre Lane.

15.  Brighton Terrace between its junction with Trinity Gardens and a point 7m west of the south eastern front boundary of 500 Brixton Road.

16.  Brixton Oval—

(a)(east side) between its junction with Rushcroft Road and a point 8m north west of the south eastern rear wall of the cinema, situated at the junction of Coldharbour Lane and Brixton Oval;

(b)(west side) between its junction with Rushcroft Road and a point 3.5m north west of the south eastern rear wall of the cinema, situated at the junction of Coldharbour Lane and Brixton Oval.

17.  Brixton Station Road between its junction with Barrington Road and a point 10m south east of the south eastern kerbline of Brixton Road.

18.  Brixton Water Lane between a point 45m east of its junction with Brixton Hill and a point opposite the party wall of 32 and 34 Brixton Water Lane.

19.  Broomgrove Road between its eastern extremity and a point 2m north east of the south western front boundary of Burford House, 1 to 20 Stockwell Road.

20.  Burnley Road between its junction with St Martin’s Road and a point 7m north east of the south western front boundary of 41 Stockwell Road.

21.  Chantrey Road between its junction with Dalyell Road and a point 8m south west of the north eastern front boundary of 194 Stockwell Road.

22.  Clapham Park Road between its junction with Acre Lane and a point 54.86m west of the western kerblines of Bedford Road and Kings Avenue.

23.  Clitheroe Road between its junction with Grantham Road and a point 7m south east of the north western front boundary of 315 Clapham Road.

24.  Coldharbour Lane between a point 5m north east of the south western flank wall of the cinema, situated at the junction of Coldharbour Lane and Brixton Oval and a point opposite the north western back of footway of Loughborough Park.

25.  Combermere Road—

(a)(north side) between its junction with Hargwyne Road and a point 2m south west of the north eastern front boundary of 41 Stockwell Green;

(b)(south side) between its junction with Hargwyne Road and a point 3m south west of the north eastern front boundary of 140 and 142 Stockwell Road.

26.  Corrance Road between its junction with Acre Lane and a point opposite the party wall of 66 and 68 Corrance Road.

27.  Dalberg Road between its junction with Mervan Road and a point 14.63m south east of the south eastern kerbline of Mervan Road.

28.  Effra Road between a point 2m south east of the party wall of 45 and 47 Effra Road and its junction with Brixton Water Lane and Tulse Hill.

29.  Electric Avenue between its junction with Atlantic Road and a point 2m east of the north western front boundary of 449 Brixton Road.

30.  Fenwick Place between its junction with Landor Road and a point 18.29m south of the south eastern kerbline of Landor Road.

31.  Ferndale Road between a point 21m north west of the south eastern front wall of 426 Brixton Road and a point opposite the party wall of 113 and 115 Ferndale Road.

32.  Grantham Road between its junction with Stirling Road and a point 4m south east of the north western front boundary of Lingham Court, Lingham Street.

33.  Gresham Road—

(a)(northern side) between its junction with Coldharbour Lane and a point 72m south west of the common boundary of 1 and 3 Gresham Road.

(b)(southern side) between its junction with Coldharbour Lane and a point 75m south west of the point opposite the common boundary of 1 and 3 Gresham Road.

34.  Groveway between its junction with Stockwell Park Road and the south western boundary of 47 Groveway.

35.  Guildford Road between its junction with Lansdowne Way and a point 19.81m north east of the north eastern kerbline of Lansdowne Way.

36.  Hartington Road between its junction with Lansdowne Way and a point 9.14m north east of the north eastern kerbline of Lansdowne Way.

37.  Hubert Grove between its junction with Landor Road and a point 22.86m south east of the south eastern kerbline of Landor Road.

38.  Irving Grove between its junction with Eastcote Street and a point 1m south west of the north eastern front wall of 52 Stockwell Road.

39.  Jeffrey’s Road between its junction with Larkhall Lane and a point 18m south east of the south eastern flank wall of 1 Jeffrey’s Road.

40.  Josephine Avenue between its junction with Brixton Water Lane and a point 12.19m south west of the south western kerbline of Brixton Water Lane.

41.  Kellett Road between its junction with Atlantic Road and a point 9m north east of the south western front boundary of 19 Effra Road.

42.  Kings Avenue between its junction with Acre Lane and a point 47.24m south east of the south eastern kerbline of Acre Lane.

43.  Landor Road between its junction with Stockwell Green and the western kerbline of Fenwick Place.

44.  Lansdowne Gardens between its junction with Lansdowne Way and a point 16.76m north east of the north eastern kerbline of Lansdowne Way.

45.  Lansdowne Way—

(a)(eastern arm) between its junction with Clapham Road and a point 23m east of the south western front boundary of 259 South Lambeth Road;

(b)(western arm) between its junction with Wandsworth Road and a point 7m west of the western rear boundary of 308 South Lambeth Road.

46.  Larkhall Lane between its junction with Lansdowne Way and a point 13.72m south west of the south western kerblines of Jeffrey’s Road.

47.  Lingham Street between its junction with Landor Road and a point 30m north west of the north western flank wall of Lingham Court, 10 Lingham Street.

48.  Mervan Road between its junction with Talma Road and a point 13.5m north east of the south western front boundary of 29 Effra Road.

49.  Millbrook Road between its junction with Barrington Road and a point 20.42m south east of the south eastern kerbline of Barrington Road.

50.  Moat Place between its northern extremity and a point 7m north east of the south western front boundary of 115 Stockwell Road.

51.  Moorland Road between its junction with Coldharbour Lane and a point 42.67m south east of the south eastern kerbline of Coldharbour Lane.

52.  Morval Road between its junction with Effra Road and a point 25.50m north east of the north eastern kerbline of Effra Road.

53.  Plato Road between its junction with Acre Lane and a point opposite the party wall of 8 and 10 Plato Road.

54.  Prideaux Road between its junction with Landor Road and a point 10.97m north west of the north western kerbline of Landor Road.

55.  Railton Road between its junction with Kellett Road and Atlantic Road and a point opposite the party wall of 9 and 11 Railton Road.

56.  Rattray Road between its junction with Saltoun Road and a point 16.76m south east of the south eastern kerbline of Mervan Road.

57.  Rumsey Road—

(a)(north side) between a point 8m north east of the south western front boundary of 135 to 143 Stockwell Road and the north eastern most boundary wall of 71 to 75 Rumsey Road;

(b)(south side) between a point 9m north east of the south western front boundary of 135 to 143 Stockwell Road and the north eastern most boundary wall of 71 to 75 Rumsey Road.

58.  Rushcroft Road—

(a)(north side) between its junction with Coldharbour Lane and a point 35m south west of the south western flank wall of Norfolk House, Rushcroft Road;

(b)(south side) between its junction with Coldharbour Lane and a point 37m south west of the south western flank wall of Norfolk House, Rushcroft Road.

59.  St James’s Crescent between its junction with Barrington Road and a point opposite the party wall of 169 and 171 St James’s Crescent.

60.  St John’s Crescent between its junction with Wiltshire Road and a point 4m south east of the front boundary of 337 Brixton Road.

61.  St Matthew’s Road between its junction with Brixton Water Lane and a point 10m south of its junction with the northern east west arm of St Matthew’s Road.

62.  St Michael’s Road between a point 7m north east of the south western front boundary of 27 Stockwell Road and the eastern most boundary of 24 St Michael’s Road.

63.  Saltoun Road between its junction with Atlantic Road and a point 9m north east of the south western front boundary of 7 Effra Road.

64.  Sandmere Road between its junction with Tintern Street and a point opposite the party wall of 108 and 110 Sandmere Road.

65.  Sidney Road between a point 7.62m north east of the north eastern kerbline of Stockwell Lane and a point 6m south west of the south western flank wall of 56 Sidney Road.

66.  Solon Road between its junction with Acre Lane and a point opposite the party wall of 6 and 8 Solon Road.

67.  Somerleyton Road between its junction with Coldharbour Lane and a point 85.34m south east of the south eastern kerbline of Coldharbour Lane.

68.  Stansfield Road between its junction with Dalyell Road and a point 7.5m south west of the north eastern front boundary of 178 Stockwell Road.

69.  Stirling Road between its junction with Grantham Road and a point 7m south east of the north western front boundary of 331 Clapham Road.

70.  Stockwell Gardens between a point 4m south east of the north western front boundary of 2 to 44 Stockwell Gardens and its eastern, southern and northern extremities.

71.  Stockwell Green—

(a)northern arm between its junction with Landor Road and a point 8m south west of the south western boundary of 1 Stockwell Green;

(b)southern arm between its junction with Landor Road and a point 5m south west of the north eastern front boundary of 134 to 138 Stockwell Road.

72.  Stockwell Lane between its junction with Sidney Road and a point 8m north east of the south western front boundary of 67 Stockwell Road.

73.  Stockwell Park Crescent between its junction with Stockwell Park Road and a point 7.62m north east of the party wall of 2 and 4 Stockwell Park Crescent.

74.  Stockwell Park Road between a point opposite the south easternmost wall of 45 Stockwell Park Road and a point opposite the front wall of 169 Clapham Road.

75.  Stockwell Road—

(a)(west side) between its junction with Stockwell Avenue and a point opposite the party wall between 200 and 202 Stockwell Road;

(b)(east side) between its junction with Stockwell Avenue and a point opposite the party wall between 202 and 204 Stockwell Road.

76.  Stockwell Terrace between a point 6m south east of the party wall of 1 and 2 Stockwell Terrace and a point 3m northwest of the party wall of 7 and 8 Stockwell Terrace.

77.  Strathleven Road between its junction with Acre Lane and a point opposite the party wall of 5 and 7 Strathleven Road.

78.  Talma Road between its junction with Kellett Road and a point opposite the party wall of 9 and 10 Talma Road.

79.  Tasman Road between its junction with Landor Road and a point 18.29m south east of the south eastern kerbline of Landor Road.

80.  Trelawn Road between its junction with Effra Road and a point 24.38m north east of the north eastern kerbline of Effra Road.

81.  Union Road between a point opposite the north western wall of 22 Union Road and a point opposite the south eastern flank wall of 4 Union Road.

82.  Villa Road between its junction with Wiltshire Road and a point 15m west of the western flank wall of 3 Villa Road.

83.  Willington Road between its junction with Landor Road and a point 18.29m south east of the south eastern kerbline of Landor Road.

84.  Wiltshire Road between its junction with Canterbury Crescent and the north western kerbline of Villa Road.

PART IIROADS IN THE VICINITY OF NORTH LAMBETH

85.  Albert Embankment between its junction with Lambeth Road, Lambeth Bridge and Lambeth Palace Road and a point 27m south of the centre line of the carriageway of New Spring Gardens Walk.

86.  Boundary Row, so much as lies within the London borough of Lambeth.

87.  Broadwall, so much as lies within the London borough of Lambeth.

88.  Brook Drive, so much as lies within the London borough of Lambeth.

89.  Cardigan Street—

(a)south western side between its junction with Sancroft Street and a point 6.5m north west of the south eastern front boundary of 188 Kennington Lane;

(b)north eastern side between its junction with Sancroft Street and a point 8m north west of the south eastern front boundary of 188 Kennington Lane.

90.  Chester Way between its junction with Kennington Road and a point opposite the south eastern boundary of 60 Chester Way.

91.  Courtenay Street between its junction with Sancroft Street and a point opposite the boundary between 202 Kennington Lane and 88 Courtenay Street.

92.  Denny Street between its junction with Chester Way and a point 6m north west of the south eastern front boundary of 142 Kennington Lane.

93.  Glyn Street between its junction with Auckland Street and a point 17m north east of the south western boundary of 1 Glyn Street.

94.  Gray Street, so much as lies within the London borough of Lambeth.

95.  Hatfields, so much as lies within the London borough of Lambeth.

96.  Kennington Road between its junction with Westminster Bridge Road and a point opposite the party wall of 287 and 289 Kennington Road, so much as lies within the London borough of Lambeth.

97.  King Edward Walk, so much as lies within the London borough of Lambeth.

98.  Lambeth Bridge between its junction with Lambeth Palace Road, Lambeth Road and Albert Embankment and the borough boundary with the City of Westminster.

99.  Lambeth Road between its junction with Lambeth Palace Road and Albert Embankment and the borough boundary with the London borough of Southwark.

100.  Loughborough Street between its junction with Newburn Street and a point 8m north of the southern boundary of Waylett House, Aveline Street.

101.  Morley Street, so much as lies within the London borough of Lambeth.

102.  Renfrew Road between its junction with Gilbert Road and a point 8.5m north west of the south eastern front boundary of 40 Kennington Lane.

103.  St Oswald’s Place between its junction with Glasshouse Walk and a point 6.5m north west of the south eastern front wall of St Peter’s Church, Kennington Lane.

104.  Short Street, so much as lies within the London borough of Lambeth.

105.  Stamford Street between its junction with Waterloo Road and the borough boundary with the London borough of Southwark.

106.  The Cut between its junction with Waterloo Road and the borough boundary with the London borough of Southwark.

107.  Tyers Street between its junction with Black Prince Road and a point 10m north of the northern rear boundary of 322 Kennington Lane.

108.  Upper Ground between its junction with Belvedere Road and the borough boundary with the London borough of Southwark.

109.  Ufford Street between its junction with Webber Street and the borough boundary with the London borough of Southwark.

110.  Vauxhall Street (northern arm) between its junction with Black Prince Road and a point 15m south east of the south eastern flank wall of 143 Vauxhall Street.

111.  Waterloo Bridge between its junction with York Road, Waterloo Road and Stamford Street and the borough boundary with the City of Westminster.

112.  Waterloo Road between its junction with York Road and Waterloo Bridge and the borough boundary with the London borough of Southwark.

113.  Webber Street between its junction with The Cut and its junction with Gray Street.

114  Westminster Bridge between its junction with Westminster Bridge Road and the borough boundary with the City of Westminster.

115.  Westminster Bridge Road between its junction with Westminster Bridge and the borough boundary with the London borough of Southwark.

PART IIIROADS NOT WITHIN SPECIAL PARKING AREAS

116.  Brixton Hill.

117.  Brixton Road.

118.  Clapham Road.

119.  Effra Road between its junction with Brixton Hill and a point 2m south east of the party wall of 45 and 47 Effra Road.

120.  St Matthew’s Road, other than the part described in Part 1 of this Schedule.

121.  South Lambeth Road.

122.  Stockwell Park Walk.

123.  Stockwell Road, other than the part described in Part 1 of this Schedule.

Explanatory Note

(This note is not part of the Order)

This Order designates areas in the London borough of Lambeth as special parking areas 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.

(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).