The Road Traffic (Special Parking Areas) (The London Borough of Wandsworth) Order 1993 No. 1474


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Statutory Instruments

1993 No. 1474

ROAD TRAFFIC

The Road Traffic (Special Parking Areas) (The London Borough of Wandsworth) Order 1993

Made

10th June 1993

Laid before Parliament

11th June 1993

Coming into force

5th July 1993

Whereas the Council of the London borough of Wandsworth has applied to the Secretary of State for an order 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 77(6) of the Road Traffic Act 1991 and of all other enabling powers, hereby makes the following Order:-

Citation and commencement

1. This Order may be cited as the Road Traffic (Special Parking Areas) (The London Borough of Wandsworth) Order 1993 and shall come into force on 5th July 1993.

Interpretation

2. In this Order-

"the 1984 Act" means the Road Traffic Act 1984(2);

"the 1991 Act" means the Road Traffic Act 1991;

"centre line", in relation to a road, means the imaginary line along the centre of the carriageway; and

"carriageway" has the same meaning as in the Highways Act 1980(3).

Application

3.-(1) This Order applies to the five areas in the London borough of Wandsworth within the outer edge of the boundaries delineated in red on the plans in Schedules 1 and 2.

(2) In relation to each road named in a heading in Part I or II of Schedule 3-

(a)the parts of the road described in the paragraph following the heading shall be deemed to be within an area to which this Order applies, and

(b)the remainder of that road shall be deemed not to be within any of those areas,

and, accordingly, in so far as there is any inconsistency between this paragraph and paragraph (1) above this paragraph shall prevail.

(3) Notwithstanding anything in the foregoing provisions of this article, in relation to each road named in a heading in Part III of Schedule 3, the parts of the road described in the paragraph following the heading shall be deemed not to be within an area to which this Order applies.

(4) For the purposes of Schedule 3-

(a)a reference to a specified side of a length of road is a reference to the part of that length which lies between the edge of the road on the specified side and the centre line; and

(b)in the measurement of any distance, in relation to a road, that distance shall be measured in a direction parallel to the centre line.

Designation of special parking area

4.-(1) The Secretary of State hereby designates the parts of the London borough of Wandsworth in the five areas to which this Order applies as special parking areas.

(2) 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

5.-(1) Section 55 of the 1984 Act (financial provisions relating to designation orders) shall have effect in relation to the London borough of Wandsworth as if, at the end of subsection (1) there were inserted the words "and their income from additional parking charges (within the meaning of section 74(8) of the Road Traffic Act 1991) payable in relation to special parking areas.".

(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

6.-(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 paragraphs (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 in London) shall have effect in relation to the London borough of Wandsworth 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, in paragraph 2(4),-

(a)in paragraph (c), for the words "the parking place" there were substituted the words "the place in question", and

(b)in paragraph (d), 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

10th June 1993

SCHEDULE 1

SCHEDULE 2

Regulation 3(2) & (3)

SCHEDULE 3PARTS OF ROADS INCLUDED IN THE SPECIAL PARKING AREAS

PART Iroads in the vicinity of clapham junction

Alfriston Road

1. From a point 21.00 metres north-west of the north-western kerb-line of Winsham Grove to a point 18.00 metres south-east of the south-eastern kerb-line of Clapham Common West Side.

Almeric Road

2.-(1) On the south-west side, between its junction with Shelgate Road and a point 20.00 metres south-east of the south-eastern kerb-line of Battersea Rise.

(2) On the north-east side, from its junction with Shelgate Road, to a point 18.00 metres south-east of the south-eastern kerb-line of Battersea Rise.

Altenburg Gardens

3. Between its junction with Lavender Hill and a point 18.00 metres north of the north-western kerb-line of Battersea Rise.

Amies Street

4.-(1) The southern arm, between its junction with the north-western arm of Amies Street and a point 22.00 metres south-west of the south-eastern kerb-line of Latchmere Road.

(2) The north-eastern arm, between its junction with Dorothy Road and a point 20.00 metres south-west of the south-western kerb-line of Latchmere Road.

Ashbury Road

5. Between its junction with Eversleigh Road and a point 9.00 metres north-east of the north-eastern kerb-line of Grayshott Road.

Auckland Road

6. Between its junction with Cairns Road and a point 20.00 metres south-east of the south-eastern kerb-line of Battersea Rise.

Bolingbroke Grove

7.-(1) From a point 50.00 metres north-west of the north-western kerb-line of Battersea Rise to its junction with Strath Terrace and Boutflower Road.

(2) From a point 55.00 metres south-east of the south-eastern kerb-line of Battersea Rise to the north-western kerb-line of Broomwood Road.

Boutflower Road

8.-(1) On the north-east side, from the south-western kerb-line of Strath Terrace to a point 34.00 metres north-west of the north-western kerb-line of Battersea Rise.

(2) On the south-west side, from the south-western kerb-line of Bolingbroke Grove, to a point 23.00 metres north-west of the north-western kerb-line of Battersea Rise.

Bowood Road

9. Between its junction with Wakehurst Road and a point 18.00 metres south-east of the south-eastern kerb-line of Clapham Common West Side.

Buckmaster Road

10. Between its junction with Cairns Road and a point 19.00 metres south-east of the south-eastern kerb-line of Battersea Rise.

Canford Road

11. Between its junction with Culmstock Road and a point 19.00 metres south-east of the south-eastern kerb-line of Clapham Common West Side.

Chivalry Road

12. From its junction with Bolingbroke Grove to a point 18.00 metres south-east of the south-eastern kerb-line of Battersea Rise.

Clapham Common West Side

13.-(1) On the north-east side, from the north-eastern boundary wall of No. 85 Clapham Common West Side to a point opposite the common boundary of Nos. 97 and 98 Clapham Common West Side.

(2) On the south-west side, from the north-eastern boundary wall of No. 85 Clapham Common West Side to the common boundary of Nos. 98 and 99 Clapham Common West Side.

Culmstock Road

14. From the north-eastern kerb-line of Alfriston Road to a point 9.00 metres north-east of the north-eastern kerb-line of Canford Road.

Eccles Road

15. Between its junction with Lavender Hill and a point 18.00 metres north-west of the north-western kerb-line of Battersea Rise.

Elsley Road

16. Between its junction with Sabine Road and a point 9.00 metres north-east of the north-eastern kerb-line of Grayshott Road.

Eversleigh Road

17. From the north-western kerb-line of Sabine Road to a point 16.00 metres north-east of the north-eastern kerb-line of Grayshott Road.

Falcon Road

18. From the north-westernmost kerb-line of Grant Road to the north-western kerb-line of Lavender Hill and St. John's Hill.

Grandison Road

19.-(1) On the north-west side, between its junction with Chatto Road and a point 18.00 metres south-west of the southern kerb-line of Clapham Common West Side.

(2) On the south-east side, between its junction with Chatto Road and a point 23.00 metres south-west of the southern kerb-line of Clapham Common West Side.

Hafer Road

20.-(1) On the north-east side, from its junction with Limburg Road, to a point 28.00 metres north-west of the north-western kerb-line of Battersea Rise.

(2) On the south-west side, from its junction with Limburg Road, to a point 26.00 metres north-west of the north-western kerb-line of Battersea Rise.

Harbut Road

21. From the south-western kerb-line of Plough Road to a point 12.00 metres south-west of that kerb-line.

Heathwall Street

22. Between its junction with Eland Road and a point 28.00 metres east of the north-eastern kerb-line of Latchmere Road.

Holden Street

23. From the north-eastern kerb-line of Grayshott Road to a point 9.00 metres north-east of that kerb-line.

Kathleen Road

24. Between its junction with Lavender Hill and a point 20.00 metres west of the south-western kerb-line of Latchmere Road.

Lavender Gardens

25. Between its junction with Lavender Hill and a point 18.00 metres north of the north-western kerb-line of Clapham Common North Side.

Lavender Hill

26.-(1) On the north-west side, from the south-western kerb-line of Falcon Road to the north-eastern kerb-line of Kathleen Road.

(2) On the north-western side from the south-western kerb-line of Theatre Street to a point 23.00 metres south-west of the south-western kerb-line of Pountney Road.

(3) On the south-east side, from the south-western kerb-line of St. John's Road to the north-eastern kerb-line of Lavender Gardens.

(4) On the south-east side, from the south-western kerb-line of Mysore Road to a point 43.00 metres south-west of the south-western kerb-line of Stormont Road.

Lavender Sweep

27.-(1) On the south-west side, from the south-eastern kerb-line of Lavender Hill to a point 18.00 metres north-west of the north-western kerb-line of Battersea Rise.

(2) On the north-east side, from the south-eastern kerb-line of Lavender Hill to a point 33.00 metres north-west of the north-western kerb-line of Battersea Rise.

Lavender Walk

28. Between its junction with Lavender Hill and a point 8.00 metres north-west of the north-western kerb-line of Battersea Rise.

Leathwaite Road

29. Between its junction with Chatto Road and a point 20.00 metres south-east of the south-eastern kerb-line of Battersea Rise.

Limburg Road

30.-(1) On the south-west and north-west sides, from the south-eastern kerb-line of Lavender Sweep to a point 19.00 metres north-west of the north-western kerb-line of Battersea Rise.

(2) On the north-east and south-east sides, from the south-eastern kerb-line of Lavender Sweep to a point 22.00 metres north-west of the north-western kerb-line of Battersea Rise.

Lindore Road

31. Between its junction with Shelgate Road and a point 18.00 metres south-east of the south-eastern kerb-line of Battersea Rise.

Marjorie Grove

32.-(1) On the east side, between its junction with Sisters Avenue and a point 18.00 metres north of the northern kerb-line of Clapham Common North Side.

(2) On the west side, between its junction with Sisters Avenue and a point 20 metres north of the northern kerb-line of Clapham Common North Side.

Muncaster Road

33. Between its junction with Culmstock Road and a point 18.00 metres south-east of the south-eastern kerb-line of Clapham Common West Side.

Mysore Road

34.-(1) The north-western arm, between its junction with Lavender Hill and Marjorie Grove.

(2) The south-western arm, between its junction with its north-western arm and a point 18.00 metres north-east of the north-eastern kerb-line of Elspeth Road.

Northcote Road

35.-(1) On the south-west side, between its junction with Broomwood Road and a point 61.00 metres south-east of the southern kerb-line of Battersea Rise.

(2) On the north-east side, between its junction with Broomwood Road and a point 51.00 metres south-east of the southern kerb-line of Battersea Rise.

Plough Road

36. From a point 11.00 metres north-west of the north-western kerb-line of Grant Road to the north-western kerb-line of St. John's Hill.

Sabine Road

37.-(1) On the north-west side, from a point 9.00 metres north-east of the north-eastern kerb-line of Grayshott Road to a point 35.00 metres north-east of the north-eastern kerb-line of Latchmere Road.

(2) On the south-east side, from a point 9.00 metres north-east of the north-eastern kerb-line of Grayshott Road to a point 30.00 metres north-east of the north-eastern kerb-line of Latchmere Road.

St. John's Hill

38.-(1) On the north-west side, from a point 37.00 metres south-west of the south-western kerb-line of Plough Road to the south-western kerb-line of Falcon Road.

(2) On the south-east side, from a point 41.00 metres south-west of the south-western kerb-line of Strath Terrace to the south-western kerb-line of St. John's Road.

St. John's Road

39.-(1) On the north-east side, from the south-eastern kerb-line of Lavender Hill to the common boundary of Nos. 73 and 75 St. John's Road.

(2) On the south-west side, from the south-western kerb-line of St. John's Hill to the common boundary of Nos. 82 and 84 St. John's Road.

Sisters Avenue

40. Between its junction with Lavender Hill and a point 18.00 metres north of the northern kerb-line of Clapham Common North Side.

Strathblaine Road

41. From the south-western kerb-line of Strath Terrace to a point 9.00 metres south-west of that kerb-line.

Sugden Road

42. Between its junction with Lavender Hill and a point 18 metres north of the northern kerb-line of Clapham Common North Side.

Thomas Baines Road

43.-(1) The south-western arm, from the north-western kerb-line of Grant Road to a point 17.00 metres north-west of that kerb-line.

(2) The north-eastern arm, from the north-western kerb-line of Grant Road to a point 19.00 metres north-west of that kerb-line.

Webb's Road

44. Between its junction with Broomwood Road and a point 33.00 metres south of the south-eastern kerb-line of Battersea Rise.

Winstanley Road

45. From the north-western kerb-line of Grant Road to a point 53.00 metres north-west of that kerb-line.

Wisley Road

46. From the south-eastern kerb-line of Chatto Road to a point 12.00 metres south-east of that kerb-line.

Wroughton Road

47. From the south-eastern kerb-line of Chatto Road to the north-western kerb-line of Broomwood Road.

PART IIroads in the vicinity of putney

Balmuir Gardens

48. Between its junction with Howard's Lane, and point 22 metres south of the south-western kerb-line of Upper Richmond Road.

Burston Road

49.-(1) On the west side, between the northern kerb-line of St. John's Avenue and a point 2.00 metres south of the northern flank wall of Burston House, Burston Road.

(2) On the east side, between the northern kerb-line of St. John's Avenue and a point 22.00 metres south of the south-western kerb-line of Upper Richmond Road.

Carlton Drive

50.-(1) On the north-west and north-east sides, between its junction with Putney Hill and a point 43.00 metres south-west of the south-western kerb-line of Upper Richmond Road.

(2) On the south-east and south-west sides, between its junction with Putney Hill and a point 50.00 metres south-west of the south-western kerb-line of Upper Richmond Road.

Carmalt Gardens

51. Between the northern kerb-line of Howard's Lane and a point 25 metres south of the south-western kerb-line of Upper Richmond Road.

Charlwood Road

52. Between its junction with Felsham Road and a point 20.000 metres north-east of the north-eastern kerb-line of Upper Richmond Road.

Chartfield Avenue

53. Between its junction with Putney Hill and a point 40.00 metres west of the western kerb-line of Gwendolen Avenue.

Clarendon Drive

54.-(1) On the north-side, between its junction with Charlwood Road and the common boundary of Nos. 6 and 8 Clarendon Drive.

(2) On the south side, between its junction with Charlwood Road and the common boundary of Nos. 13 and 15 Clarendon Drive.

Embankment

55.-(1) Between the north-western kerb-line of Glendarvon Street and the north-western kerb-line of Lower Richmond Road.

(2) The Slip Way, from the north-eastern kerb-line of the Embankment to a point 38.00 metres south-east of that kerb-line.

Enmore Road

56. From the southern kerb-line of Howard's Lane to a point 8.00 metres south of that kerb-line.

Felsham Road

57. From its junction with Putney High Street to the common boundary of Nos. 128 and 130 Felsham Road.

Gwendolen Avenue

58.-(1) On the east side, between the common boundary of Nos. 2 and 4 Gwendolen Avenue and a point 18.00 metres south of the south-western kerb-line of Upper Richmond Road.

(2) On the west side, between the common boundary of Nos. 3 and 5 Gwendolen Avenue and a point 23.00 metres south of the south-western kerb-line of Upper Richmond Road.

(3) Between its junction with Chartfield Avenue and the common boundary of Nos. 23 and 25 Gwendolen Avenue.

Hazlewell Road

59. Between the western kerb-line of Gwendolen Avenue and a point 13.00 metres east of a point opposite the western boundary of No. 25 Gwendolen Avenue.

Holroyd Road

60. From the southern kerb-line of Howard's Lane to a point 10.00 metres south of that kerb-line.

Hotham Road

61. From its junctions with Charlwood Road and Lacy Road to the common boundary of Nos. 8 and 10 Hotham Road.

Howard's Lane

62. From the eastern kerb-line of Coalecroft Road to the western kerb-line of Tideswell Road.

Keswick Road

63. From a point 15.00 metres north-west of the north-western kerb-line of West Hill, to a point 22.00 metres south-west of the south-western kerb-line of Upper Richmond Road.

Lower Richmond Road

64. Between its junction with Putney High Street and the common boundary of Nos. 56 and 58 Lower Richmond Road.

Lytton Grove

65. Between the eastern kerb-line of Putney Hill and the eastern boundary of No. 39 Putney Hill.

Manfred Road

66. Between its junction with Oakhill Road and a point 26.00 metres north-east of the north-eastern kerb-line of Upper Richmond Road.

Oakhill Road

67. Between the common boundary of Nos. 49 and 51 Oakhill Road and a point on the north-west side, 16.00 metres south-west of a point opposite the eastern boundary of Woodlands Gate, Woodlands Way.

Oxford Road

68. Between its junction with Putney Bridge Road and a point 20.00 metres south of the south-western boundary of No. 39 Oxford Road.

Parkfields

69. Between its junction with Howard's Lane and a point 6.00 metres south of the south-western kerb-line of Upper Richmond Road.

Portinscale Road

70. Between its junction with Keswick Road and a point 2.00 metres south-east of the south-eastern boundary of No. 3 Portinscale Road.

Putney Bridge Road

71. Between its junction with Putney High Street and the western kerb-line of Northfields.

Putney High Street

72. Between its junction with Lower Richmond Road and Putney Bridge, and the south-western kerb-line of Norroy Road.

Putney Hill

73.-(1) On the east side, between the southern boundary of No. 39 Putney Hill and a point 14.00 metres south of the southern boundary of No. 11 Putney Hill.

(2) On the west side, between the southern boundary of No. 39 Putney Hill and the southern flank wall of Braefoot Court, Putney Hill.

Ravenna Road

74.-(1) On the west side, between the northern kerb-line of St. John's Avenue and the common boundary of Nos. 12 and 13 Ravenna Road.

(2) On the east side, between the northern kerb-line of St. John's Avenue and a point 20.00 metres south of the south-western kerb-line of Upper Richmond Road.

Schubert Road

75. Between its junction with Oakhill Road and a point 2.00 metres north of a point opposite the party wall of Nos. 76 and 78 Schubert Road.

Woodlands Way

76. Between the northernmost kerb-line of Woodlands Way and the southern flank of No. 74 Upper Richmond Road.

PART IIIroads not within special parking areas

Battersea Rise

77. The whole road.

Broomwood Road

78. The whole road.

Clapham Common North Side

79. The whole road.

Clapham Common West Side

80. The whole road, other than the part described in Part I of this Schedule.

Elspeth Road

81. The whole road.

Latchmere Road

82. The whole road.

The Avenue

83. The whole road.

Upper Richmond Road

84. The whole road.

Explanatory Note

(This note is not part of the Order)

This Order designates five areas in the London borough of Wandsworth as special parking areas for the purposes of Part II of the Road Traffic Act 1991. It also makes consequential modifications to the Road Traffic Regulation Act 1984 and 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 of that Act and section 102 is amended 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).


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