Tunbridge Wells Borough Council is not scrapping controversial town centre traffic ban

Borough council bosses have said they will not be scrapping controversial bus lane restrictions in a busy town centre. The scheme on Mount Pleasant Road in Tunbridge Wells means that only buses – and emergency vehicles – can use the route between 9am and 6pm.

Since it was first put in place back in March, the scheme has been causing costly headaches for motorists. Joining roads such as Monson Road also have restrictions, impacting on businesses and people who live in the area.

The signs for the scheme have also been criticised for being confusing. A petition has even been launched calling for Kent County Council (KCC) to scrap the restrictions and waive all fines already dished out to drivers. It now has more than 680 signatures, with an estimated 300 signatures on paper, said petition starter and town resident Sally Atkinson.

But, in emails to another resident seen by KentLive, KCC’s transport boss David Brazier said the petition should have been addressed to Tunbridge Wells Borough Council (TWBC) as it was the authority’s scheme.

Read more: Drivers still confused by the traffic ban in Tunbridge Wells risk £70 fine

KentLive asked the borough council if the scheme would be scrapped and the penalties to drivers waived. Justine Rutland, Cabinet member for economic development, said: “The council is strongly committed to improving road safety and to making the town centre more pedestrian-friendly for residents, shoppers and visitors and therefore we will continue to enforce the bus gateway restriction on Mount Pleasant Road.

“There is an appeals system in place and the council is happy to consider any appeal from a motorist who feels they were wrongly issued with a Penalty Charge Notice (PCN). An update will be presented at the next Joint Transportation Board meeting in July, this is a committee attended by both TWBC and KCC.”

In the exchange of emails between Cllr Brazier, the exasperated resident – who does not want to be named – and Ben Chapelard, the leader of TWBC, Cllr Brazier put the much maligned traffic restrictions firmly at the feet of the borough council.

The resident said: “KCC blames TWBC. TWBC blames KCC. The situation is ridiculous. Please can the two of you get together, sort it out and announce publicly, unanimously and irrevocably what is happening, what will happen – and when.”

Responding, Cllr Brazier told the resident that the scheme was “conceived” by TWBC and “designed and delivered” by KCC on its behalf. He added: “There have been no requests from TWBC for radical modifications of the scheme and it is my understanding that there is now no funding left that would allow us to undertake any.

“On my mentioning the contentious road marking for a right turn from Crescent Road, one of my officers pointed out that it is appropriate from 6pm to 9am, although it could changed if the borough expressly wished it.”

Cllr Brazier then re-iterated that the scheme was TWBC’s scheme and that it was TWBC that had sent out warnings to those who had ignored the restrictions when in force, issued PCNs and received paid fines. “I can understand that there are those who dislike and object to the scheme but we can do nothing about it, except at TWBC’s request as our clients. I note the petition on the KCC website; it addresses the wrong council,” he said.

Sally Atkinson, who is behind the petition, told KentLive that she was told to address her petition to KCC. She added: “This is despite TWBC councillors suggesting the way forward was with the e-petition with KCC as it was KCC who owned the scheme.”

She added: “There is a statutory duty for the council(s) to undertake public consultation for six weeks, using all available media. This was not done. It seems both councils abdicate any responsibility and blame the other. Either way, if statutory procedure was not followed, then the traffic order is unlawful.”

However, the borough council said the Traffic Regulation Order (TRO), which covered the bus gateway restriction, was made by the highways authority KCC in 2018. The required consultation period for a TRO is a minimum of 21 days, after the order is made there is a six week period in which anybody can challenge the validity of the order.

This timeline was followed before the restriction was introduced. The TRO is enforced by TWBC under an agency agreement, said the council. Any surplus that is generated from penalties will be used for transport and environmental improvements, the council added.

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