We have been told that the modal filters on Beech Grove are to be removed.
They were put in place in February 2021 for an 18-month trial under an Experimental Traffic Regulation Order (ETRO).
2021 Consultation
A consultation ran from 18th February 2021 to 14th August 2021. North Yorkshire then had a year to analyse the feedback and take a decision. We have reminded them of the upcoming decision on numerous occasions.
Where schemes are put in place, councils have a duty not to remove them without proper evidence. The Network Management Duty states:
‘Consultation and community engagement should always be undertaken whenever authorities propose to remove, modify or reduce existing schemes…’
Network management duty
The presumption is that schemes will be retained unless there is substantial evidence to the contrary.
What Are North Yorkshire Saying?
The Cabinet Member for Transport Keane Duncan is saying that he has not taken a decision. He says the ETRO runs out in August 2022, and therefore the modal filters will be removed.
He tells us that there will be another consultation on Beech Grove in September, as well as on Phase 2 of Otley Road. He says then the modal filters might go back in.
We have just had a consultation on Beech Grove. Why would there be another one straight away? Why would you take out the modal filters then put them back again? It doesn’t make any sense as a strategy.
What is Really Going On?
What is really going on? We don’t know, because what we’ve been told doesn’t really add up.
One possibility – and this is speculation – is that despite having a year to analyse feedback from the consultation, the Area highways team simply hasn’t done the work and so a decision can’t be made. That would be very disappointing, to say the least.
Active Travel England
Active Travel England has been set up, and it is asking councils to return a self-assessment form on their active travel performance.
Section 1 Question 9 asks local authorities if they agree not to remove schemes unless there is substantial evidence to support this. They should be retained and adjusted to make them work.
But North Yorkshire has not assessed the evidence, and has failed to make any adjustments to the scheme. It is therefore in breach of its Network Management Duty, and will have to admit this to ATE.
If the Beech Grove modal filters are ripped out, this will result in reduced capital and revenue allocations to North Yorkshire.
What Can I Do?
Please write to the Cabinet Member for Transport, Councillor Duncan, and ask him:
- why the correct procedure has not been followed, and why a decision has not been taken during the trial period
- to take steps to retain the Beech Grove modal filters until such time as permanent measures are ready; or if this is not possible, give us a guaranteed timetable for the installation of permanent measures
We suggest copying your own North Yorkshire Councillor into any email.