society

Why We Should Enjoy Hot Weather: A UK Perspective

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I never understand why today it is fashionable to see hot sunny weather as a problem instead of something to be celebrated. As a child going up in the UK, we never had weather like this. Yes, we might get a few sunny days. Rarely above 75°. But mostly, English weather was dreary dreary dreary. Rarely a winter went by with at least one heavy snowfall during January or February, lasting several weeks. Another winter feature was the fog, which made driving conditions difficult. A new phrase was coined, ‘motorway madness’ to describe the vehicle pile ups which occurred when drivers would insist on driving at speed through heavy fog, following the tail-lights of the vehicle in front. In those days, if you wanted hot sunshine, you had to pay for it by buying a package holiday to Spain.

I remember driving through London at the end of 1978 after heavy snowfall and in freezing temperatures.

Because it happened in the days between Christmas and New Year, no-one was prepared to get out of bed to grit the roads. That was a journey I’d never want to repeat. We passed so many smashed up cars.

Things had already begun to change with the long hot Indian summer of 1976 when we had an invasion of giant red ladybirds which would bite you. Anyone remember that? Then in September 2003, the Mercury hit 100° for the first time in living memory in the UK. Wouldn’t someone living in the mini ice age of 17th century Britain have envied that?

Of course a warmer climate in the UK means that adjustments have to be made. I think we are still too much of an ‘ indoor society’, when we should be getting out and enjoying the sunshine, like they do in other parts of the world. It’s why I like to take my computer outside and do my work instead of sitting in a stuffy box room. I’ve never believed in air conditioning. It has never made sense to me for someone to spend money burning energy to keep us in a freezer. How is that good for the planet? If I need to be inside, I’d much rather have a big wooden ceiling fan chug chug chugging overhead

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Cornwall Council’s Car Park Outsourcing: Legal Concerns Explained

Photo by Jens Mahnke on Pexels.com

I have to query the legality of the proposal by Cornwall Council to outsource the management of up to 22 of its car parks, to take them out of statutory control under the Road Traffic Regulation Act 1984. Isn’t that precisely what Robert Goodwill MP, Parliamentary Under Secretary of State, warned against in his open letter to local authority parking managers of 16th September 2014? Well not quite! Goodwill’s letter was aimed at some councils who thought it okay to opt themselves out of the statutory local authority parking regime and instead manage their car parks under Schedule 4 of the Protections of Freedoms Act 2012, which now governs the management of private car parks. It was the 2012 Act which abolished unregulated wheel clamping on private land and instead introduced a regulated process to enable the owners of private car parks to manage their operations. Though why any local authority could have thought it lawful to opt out of statutory regulation is beyond me. But Cornwall’s case is different because the Minister’s 2014 letter makes no mention of leasing arrangements, which is what Cornwall Council is proposing in this case. Hang on!

The prospective lessee of Cornwall’s 22 car parks is not any old company. According to a council report, the prospective lessee will in this case be a wholly owned subsidiary of Cornwall Council. Least, that’s what the Scrutiny Committee report of 4th September 2024 states:

“Following a successful trial at Tower Headland ( Little Fistral) in Newquay, a new model of managing some of our car parks has been considered which supports the principle of decentralisation. Essentially this involves the transfer of a car park site by means of a lease to a council owned company, who would then manage the land; paying rental at least sustaining the income to the council and removing the liability of the council to maintain and manage the asset.”

A council-owned company! How arms length is that? The only other companies we can see mentioned in the reports are the privately owned Treveth and Conserve, which would be managing the day-to-day operation of the car parks.

Key to the legality of outsourcing an off- street parking place is paragraph 3(1) of Schedule 4 of the Protection of Freedoms Act 2012, which defines ‘relevant land’ to which Schedule 4 applies and which is stated as follows:

“In this schedule relevant land means land (including land above or below ground level) other than:

a) a highway maintained as a public expense ( within the meaning of section 329(1) of the Highways Act 1980;

b) a parking place which is provided or controlled by a traffic Authority;

c) any land not falling within paragraphs a or b on which the parking of a vehicle is subject to statutory control.”

The other thing which I noticed when reading the officer reports is that, as far as I can see, no mention was made of the Minister’s 2014 warning letter. Nor of Schedule 4 of the Protections of Freedoms Act 2012. Forgive me! But aren’t those ‘material considerations’ for any decision of this type? Apparently not. Let’s see what the Parking Adjudicator makes of it.