CHANGES to parking charges to make it cheaper for residents living near Glasgow’s super hospital have been delayed following fears of a legal challenge.
The area around the Queen Elizabeth University Hospital has been the site of a bitter dispute with locals protesting against a proposed £50 permit charge that would allow them to park outside their homes.
The G51 Free Parking Group has led the fight against the permits with Glasgow City Council still weighing up a range of charging options, with an independent reviewer recommending reduced rates - including a £15 permit charge for residents.
Congestion in the area has been problematic for locals, who say they often have wait hours to get home due to the traffic coming to and from the £842m facility.
In February the SNP promised residents that it would not introduce parking charges for locals living near the hospital if they won the May city council elections. But Anna Richardson, the SNP city council convener for sustainability and carbon reduction has indicated in a report that even reduced rates cannot be cut, for legal reasons.
Lisa Devlin of the G51 Free Parking Group, which has campaigned against the plans, hit out at the report saying: "We are not happy with this at all. That is not what the SNP promised. We will fight to get our proposals introduced, which is to scrap the charges, have free resident and visitor permits, with no parking meters, no double yellow lines or reductions to our parking bays."
The council's legal advice was that there is a "significant risk" they would be acting outwith its statutory powers if it went with the discounts suggested by the reviewer, which included a 70 per cent discount from the standard tariff, lowering visitor permits to 60p and business permits to £210 per year.
Ms Richardson will tell council's executive committee on Thursday that there is the risk that the discount could be considered to be a "subsidy", would bring an "inequality" in parking charges into sharp focus and create a risk of a legal challenge from other residents or businesses who would not benefit.
"The reporter's recommendation in relation to the reduction in the charges is based on his conclusion that there are 'exceptional circumstances' to be considered and that the council's proposed charge is an 'unfair penalty' on local residents, their visitors and local businesses which has arisen due to the development of the Queen Elizabeth University Hospital. "In coming to his conclusion, the reporter has considered the socio-economic profile of the area, the level of deprivation within the propose zone and other matters which are not able to be considered by councils when making traffic regulation orders," she said.
Ms Richardson has told councillors that the council's legal advice is that it is therefore "not empowered" to make the relevant traffic regulation order that take into account matters "that are not traffic considerations".
But while the council does not have the necessary powers, she said, it is believed the Scotland's transport minister Humza Yousaf does and has recommended referring the matter to him for a decision.
Councillors will decide whether to go with the Ms Richardson's suggestion, accept the recommendations of the review, continue with their original plans or scrap the idea altogether.
Ms Richardson says that while the council could abandon the order, a hearing examining the arguments agreed on the need for on-street traffic controls to be brought into force in the area. There was disagreement on how the controls would be implemented, however.
In February, residents living in Govan received letters from local SNP councillor Stephen Dornan, stating the party’s position on the issue.
He stated at the time: “After listening to the concerns of residents and after discussions with the G51 Parking Group I can confirm that my colleagues and I are 100% committed that there will be no parking charges implemented in and around the new hospital.
“We will now work with the G51 group and local residents to resolve the parking issues...
“The new Community Empowerment Act implemented by the SNP government will allow our community’s voice to be heard and their ideas actioned.
“We will be a listening city administration and make decisions in the best interest of our community rather than self-interest.
“That is how we will make this city a better place to live.”
In response to the latest development, he said: "l can assure my constituents that there will be no parking charges, my constituents cannot be expected to pay locally for a world destination hospital."
A Transport Scotland spokesman said: "Glasgow City Council asked ministers for an extension to the statutory period for considering whether to make this traffic regulation order. The extension is to enable further assessment of the displacement/migration implications of the proposed parking controls. Ministers have granted an extension until July 29, 2017 to allow that further work to be carried out.
"The decision as to whether to make the order (with or without modifications) currently is a matter for the council to consider."
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