The Road Traffic (Special Parking Area) (London Borough of Sutton) Order 1998

• Citation: S.I. 1998/1134
• Sections: 157

Section 1 Citation and commencement

This Order may be cited as the Road Traffic (Special Parking Area) (London Borough of Sutton) Order 1998 and shall come into force on 1st June 1998.

Section 2 Revocation

The Orders specified in Schedule 1 to this Order are hereby revoked.

Section 3 Interpretation

In this Order—

“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;

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

“the special parking area” means the area designated as a special parking area by article 4 of this Order;

a reference in Schedule 2 to this Order to a number followed by the letter “m” is a reference to that number of metres; and

where a road referred to in Schedule 2 to this Order (“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.

Section 4 Designation of special parking area

The Secretary of State hereby designates as a special parking area the London borough of Sutton except the roads named or described in Schedule 2 to this Order.

Section 5 Modification of the Road Traffic Regulation Act 1984

(1) Section 55 of the 1984 Act (financial provisions relating to designation orders) shall have effect in relation to the London borough of Sutton 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 Sutton) Order 1998.

(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.

Section 6 Modification of the Road Traffic Act 1991

(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 Sutton 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.

Section 1

A24 between the borough boundary with the borough of Epsom and Ewell and the borough boundary with the London borough of Merton.

Section 2

A217 between the borough boundary with the borough of Reigate and Banstead and a point 10m north east of the common boundary between 329 and 331 Bishopsford Road.

Section 3

A232 between the borough boundary with the borough of Epsom and Ewell and the borough boundary with the London borough of Croydon, including—

(a) Chalk Pit Way;

(b) Grove Road from a point 17m west of its south west junction with Sutton Park Road to its junction with Brighton Road (B2230) and High Street;

(c) Sutton Court Road from its junction with Brighton Road (B2230) and High Street to its junction with Chalk Pit Way; and

(d) Sutton Park Road.

Section 4 Roads adjacent to A24

Ash Road between its junction with Stonecot Hill (A24) and a point 10m north west of the north western boundary of 103 Ash Road.

Section 5 Roads adjacent to A24

Burleigh Road between its junction with Stonecot Hill (A24) and a point 5m north west of the north western boundary of 89 Burleigh Road.

Section 6 Roads adjacent to A24

Cheam Common Road between its junction with London Road (A24) and the common boundary between 25 and 27 Cheam Common Road.

Section 7 Roads adjacent to A24

Church Hill Road between its junction with Malden Road and a point 2m south west of the south western flank wall of 277 Church Hill Road.

Section 8 Roads adjacent to A24

Clarkes Avenue between its junction with London Road (A24) and a point 1m south east of the north western boundary of 745 London Road.

Section 9 Roads adjacent to A24

Courtenay Road between its junction with London Road (A24) and a point 5m south east of the common boundary between 1 and 3 Courtenay Road.

Section 10 Roads adjacent to A24

Elm Road West between its junction with Epsom Road (A24) and the south eastern boundary of 91 Epsom Road.

Section 11 Roads adjacent to A24

Gander Green Lane between its junction with London Road (A24) and a point 2m south east of the common boundary between 577 and 579 Gander Green Lane.

Section 12 Roads adjacent to A24

Garth Road between its junction with Stonecot Hill (A24) and a point 2m south east of the eastern boundary of 7 Garth Road.

Section 13 Roads adjacent to A24

Glyn Road between its junction with London Road (A24) and a point 8m south east of the south eastern boundary of 2 Glyn Road.

Section 14 Roads adjacent to A24

Hamilton Avenue between its junction with London Road (A24) and the common boundary between 234 and 236 Hamilton Avenue.

Section 15 Roads adjacent to A24

Hill Top between its junction with Stonecot Hill (A24) and the south eastern boundary of 27 Stonecot Hill.

Section 16 Roads adjacent to A24

Kingsbridge Road between its junction with Stonecot Hill (A24) and the common boundary between 4 and 6 Kingsbridge Road.

Section 17 Roads adjacent to A24

Kingsmead Avenue between its junction with London Road (A24) and the common boundary between 2 and 4 Kingsmead Avenue.

Section 18 Roads adjacent to A24

Langley Avenue between its junction with London Road (A24) and a point 2m south east of the north western flank wall of 2 Langley Avenue.

Section 19 Roads adjacent to A24

Lavender Avenue between its junction with London Road (A24) and a point 5m south east of the common boundary between 1 and 3 Lavender Avenue.

Section 20 Roads adjacent to A24

Lloyd Road between its junction with London Road (A24) and a point 5m north west of the south eastern boundary of 1 Lloyd Road.

Section 21 Roads adjacent to A24

Malden Road between its junction with London Road (A24) and the common boundary between 376 and 378 Malden Road.

Section 22 Roads adjacent to A24

Lower Morden Lane between its junction with Epsom Road (A24) and a point 2m south east of the common boundary between 3 and 5 Lower Morden Lane.

Section 23 Roads adjacent to A24

Nova Mews between its junction with Stonecot Hill (A24) and a point 10m south east of the north western boundary of 70 Stonecot Hill.

Section 24 Roads adjacent to A24

Oaks Avenue—

(a) (west arm) between its junction with London Road (A24) and a point 12m south east of the common boundary between 3 and 5 Oaks Avenue;

(b) (north arm) between its junction with London Road (A24) and 3m north east of the common boundary between 4 and 6 Oaks Avenue.

Section 25 Roads adjacent to A24

Ridge Road between its junction with Stonecot Hill (A24) and a point 5m north west of the common boundary between 234 and 236 Ridge Road.

Section 26 Roads adjacent to A24

Senhouse Road between its junction with London Road (A24) and a point 2m north west of the common boundary between 1 and 3 Senhouse Road.

Section 27 Roads adjacent to A24

Staines Avenue between its junction with London Road (A24) and a point 4m north west of the common boundary between 2 and 4 Staines Avenue.

Section 28 Roads adjacent to A24

Stonecot Close between its junction with Stonecot Hill (A24) and a point 3m north west of the common boundary between 25 and 26 Stonecot Close.

Section 29 Roads adjacent to A24

Sutton Common Road between its junction with Stonecot Hill (A24) and the common boundary between 451 and 453 Sutton Common Road.

Section 30 Roads adjacent to A24

The Spinney between its junction with London Road (A24) and a point 10m south east of the south eastern kerbline of London Road.

Section 31 Roads adjacent to A24

Trafalgar Avenue between its junction with London Road (A24) and a point 25m north west of the north western kerbline of London Road.

Section 32 Roads adjacent to A24

Tudor Avenue—

(a) (west arm) between its junction with London Road (A24) and a point 6m south east of the common boundary between 3 and 5 Tudor Avenue;

(b) (north arm) between its junction with London Road (A24) and a point 15m south east of the common boundary between 4 and 6 Tudor Avenue.

Section 33 Roads adjacent to A24

Tudor Drive between its junction with Stonecot Hill (A24) and the common boundary between 39 and 41 Tudor Drive.

Section 34 Roads adjacent to A24

Unnamed access road (serving Sainsbury’s plc) between its junction with London Road (A24) and the highway boundary.

Section 35 Roads adjacent to A24

Wellesley Court between its junction with Stonecot Hill (A24) and a point 4m north west of the north western boundary of 89 Burleigh Road.

Section 36 Roads adjacent to A24

Willowhayne Gardens between its junction with London Road (A24) and the common boundary between 1 and 2 Leicester Close.

Section 37 Roads adjacent to A217

Abbotts Road—

(a) (north side) between its junction with St Dunstan’s Hill (A217) and a point 4m north east of the south west boundary of 24 Abbotts Road;

(b) (south east side) between its junction with St Dunstan’s Hill (A217) and a point 2m north east of the south western boundary of 30 St Dunstan’s Hill.

Section 38 Roads adjacent to A217

Alberta Avenue between its junction with St Dunstan’s Hill (A217) and a point 3m north east of the south western boundary of 183 Alberta Avenue.

Section 39 Roads adjacent to A217

Alma Crescent between its junction with St Dunstan’s Hill (A217) and the western boundary of 1 Alma Crescent.

Section 40 Roads adjacent to A217

Arundel Road—

(a) (west side) between its junction with St Dunstan’s Hill (A217) and its junction with Manor Road;

(b) (east side) between its junction with St Dunstan’s Hill (A217) and a point 3m west of the common boundary between 16 and 18 Arundel Road.

Section 41 Roads adjacent to A217

Beresford Road between its junction with Belmont Rise (A217) and a point 4m south of the common boundary between 83 and 85 Beresford Road.

Section 42 Roads adjacent to A217

Bishopsford Road between its junction with Rose Hill Roundabout (A217) and a point 11m north east of the common boundary between 329 and 331 Bishopsford Road.

Section 43 Roads adjacent to A217

Church Hill Road between its junction with St Dunstan’s Hill (A217) and a point 3m south east of the common boundary between 2a and 2b Church Hill Road.

Section 44 Roads adjacent to A217

Collingwood Road between its junction with Oldfields Road (A217) and the common boundary between 306 and 304 Collingwood Road.