Advice to Highways Authorities
If a council is asking high charges for a road closure it is probably due to previous confusion about regulations and unnecessary advertising of closure orders.
But great news:
The Head of Traffic Management Division at the DfT has confirmed to Streets Alive in August 2010 that:
"..for most small organised street parties that don't affect the wider road network, there is no requirement in law for local authorities to advertise proposed closures or carry out consultations. Neither are specific signs or other traffic management equipment required. Local authorities should act proportionately, wisely, and in the public interest - and highways law does not stop them doing that".
This provides ample support for authorities to keep costs down for residents. This is after 6 years of campaigning by Streets Alive for this to be sorted out. Us ask for more detail if you want help at short notice.
Streets Alive appeals to council Highways Authorities to carefully consider their procedures to be appropriate to the scale of the event that residents are planning, as advised by the DfT (see below). Demanding costs / fees to close roads will stop any such events being held and discourage any goodwill of residents to organise such community activity.
Street parties should not be confused with larger community festivals with budgets and complex arrangements. Street parties referred to here are private events limited to the residents and without external publicity. Nor are they usually held in busy roads and so there are few traffic implications.
Street parties are powerful social events as most residents attend, mixing all ages and backgrounds, and the events are usually self-organised and funded and usually quite low key. They are usually low risk events to the residents and to councils.
Road Closures
The council traffic management team that is responsible for road closures have a key role to play. Though building communities is not their main task, they are often the first contact and their procedures are critical in supporting residents to make the necessary arrangements.
Streets Alive has identified Best Practice on road closures in the UK and includes:
- Simple and accessible road closure application form eg on your council website.
- Use the Town & Police Clauses Act 1847 for street parties as it enables flexible approaches to public consultation.
- Standardised Traffic Regulation Order procedure limiting time spent by officers.
- Temporary road closure notices are placed on the internet instead of placing advertisements in the local press.
- No charges for the road closure service. There would probably be little income as any charge is more likely to put of all but the most well off residents.
- Low officer time by requiring residents to consult neighbours, as well as the police, fire and ambulance services, and to display the order.
- Require residents to provide, erect and supervise road signs and barriers. Suggest where they may borrow signs, or hire or even buy them for future use.
- Provide information about and signposting to other relevant council services.
- Also, normally a street party would not require a Temporary Event Notice as usually any 'performance' is incidental to the event and nothing is being sold.
Road Traffic Regulation Act 1984
Some councils, especially in London, use the Road Traffic Regulations Act 1984 Section 16a (Special Events) as the powers to arrange the road closure.
In the original Circular from the Department for Transport related to the 1994 Act the introductory paragraph 4 stated that the powers were drawn up in 'connection with major spectator events' (such as the Tour de France) and that other powers remain for other types of non-sporting events, i.e such as street parties. Most councils in the UK use the Town & Police Clauses Act 1847 for street parties and this enables flexible approaches to public consultation and notices.
The key point is that some councils that use the 1994 Act are applying the DfT's Advice (published in 1997) too literally and assume that newspaper advertising is required. Some as a result are charging residents from £150-2000. This clearly prevents all small scale streets parties which do not have substantial funding.
The DfT Advice in Section 16 clearly recognises in paras 13 and 14 that procedures should be applied according to the scale event. This can be seen at http://www.dft.gov.uk/pgr/roads/tpm/specialeventorders. In any case, it is only an advice note (not a regulation) and the risk to the authority from being challenged and losing on their procedure is very low. This point was also clarified in 2002 by the DfT regarding the Golden Jubilee. (a copy of this is available).
This has at last been clarified in August 2010 by the Dept. for Transport - see top of page.
Council traffic management teams are requested to review which regulations they use for street parties and to consider what consultations and notices are appropriate to such events, as outlined above.
Public Liability Insurance
Streets Alive appeals to councils/Highways Authorities to NOT require a blanket Public Liability Insurance as the risks of liability to the Council or Highways Authority from a small street party are very low.
The cost of insurance is a block for residents, though they may choose to purchase it themselves, usually at a low level of cover such as only £1million. Larger public events where the risk of liability is higher would, however, need full insurance cover.
Instead, the council can indemnify itself using conditions and disclaimer clauses, for example on a road closure application form, making clear the requirements and responsibilities of the residents. A Best Practice Example is shown below.
See our more detailed guidance on this issue.
Best Practice Example
Bristol City Council uses the Town Police Clauses Act 1847 for about 75 street parties a year. Their simple application form is downloadable from their website.
It requires only 6 weeks notice and they do not charge residents as each application only takes a total of about 2.5 hours of officer time. They provide notices about road closures on the internet. Nor do they require Public Liability Insurance and they have never had a claim made against them. The indemnity issue is covered by clauses in the application form - see below.
Example of conditions clauses for road closure application for street parties
Bristol City Council cannot guarantee that an Order will be made, and will only authorise a closure subject to the following:
i) you must pay to the Council the full costs of any damage to the highway or street furniture or other loss or damage suffered by it and of any claims made against it as a result of the making of the Order and which arise from your negligence or (if you represent an organisation) the negligence of your organisation's members or officers.
ii) you must provide and erect all barriers and signs necessary to effect the closure including those signing the alternative route, details of which will be supplied on the Legal Order.
iii) each barrier must be supervised and maintained at all times by a person under your authority and control (and clearly identifiable as such).
iv) any Traffic Regulation Order or other statutory provision which is currently in force in the road(s) to be closed will remain in force during the closure unless specified to the contrary on the Legal Order.
v) Bristol City Council makes no warranty as to the suitability of the road for your event and does not undertake to clear it of parked vehicles or obstructions prior to the closure taking effect.
vi) you agree to clean the street, if appropriate, in order to return it to its condition prior to the closure.
vii) you abide by the guidance notes from the Noise Pollution department (attached).
I confirm that all the information I have given above is true and complete. I have read the conditions above and agree to accept and observe them if my application is successful.
Signed.............................................. Date.................
Important note: This guidance note is to help councils to consider their procedures, but it is not intended to
constitute a complete list of organisational arrangements, responsibilities or liabilities for the planning of a
street party or event. Streets Alive Ltd. recommends that professional advice is sought if councils or organisers
are in any doubt and does not accept responsibility for any event it is not directly involved in organising.
February 2009
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