Brendon Lee
Brendon is a Partner in the Planning and Highways Environmental Team at HCR Law. He deals with a range of contentious and non-contentious planning and environmental matters encompassing planning control and heritage assets, highways and related public access issues, and compulsory acquisition orders. Brendon is a member of the Compulsory Purchase Association, UK Environmental Law Association, and the Institute of Public Rights of Way.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2003 (Australia) & 2012 (England & Wales)
Membership
- Country Land and Business Association
- Compulsory Purchase Association (CPA)
- Institute of Public Rights of Way (PROW)
- UK Environment Law Association (UKELA)
Education
- Bachelor of Commerce (Accounting)
- Bachelor of Laws
- Graduate Diploma of Legal Practice
5 Contributions by Brendon Lee
PRACTICE NOTES
Bus, Taxi and Bicycle Priority Orders: Powers, Drafting, Signage, Civil Enforcement and Case Law on Bus Lanes and Gates (England and Greater London)
General objective of local traffic authorities—contemplating making a traffic order
Traffic rules frequently create preferential treatment for chosen modes of travel, for example, though this can slow down others on the road. The typical aim is to nudge travellers towards vehicles that cut congestion and/or emissions overall. Section 122 of the Road Traffic Regulation Act 1984 (RTRA 1984) sets out broad aims for local traffic authorities when considering a traffic order...
Local Government
PRACTICE NOTES
Civil and Criminal Enforcement of Traffic and Parking Restrictions in England and Wales: Contraventions, Penalty Charge Notices, Approved Devices, and CPZ Signage (Herron)
Enforcing road traffic regulation orders is more complicated than for many other offences, as the first indication that a breach has occurred is often merely a report that a particular motor vehicle was, for example, speeding, travelling the wrong way along a one-way street, or parked in the wrong place or left for too long. A vehicle cannot commit an offence; it is the driver who does, and identifying the actual driver is frequently difficult, especially with parking offences, because they are commonly not in or near the vehicle.
Road traffic—criminal offences
Standard criminal law procedures can be used where a witness can reliably identify the motorist alleged to have committed the offence. In other situations and circumstances, when the driver’s identity is not known at all, secondary offences have been created, as in section 172 of the Road Traffic Act 1988 (RTA 1988), which makes it an offence for the keeper of a vehicle to fail to disclose the identity of the driver of that vehicle at the relevant time of an alleged traffic offence...
Local Government
PRACTICE NOTES
Consolidation, minor and experimental traffic regulation orders in England and Wales: procedures for publicity, objections, phased implementation and revocation
This Practice Note builds on the guidance in Practice Note: Road traffic—traffic regulation order procedure and notices. It sets out which amendments to earlier road traffic orders can be folded into a consolidation or minor order, outlines why making such an order can be beneficial, and cross-refers to the Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 (the Traffic Orders Regs 1996), SI 1996/2489. It also clarifies that an experimental traffic order (ETO) operates as a trial scheme for traffic control, and summarises the publicity and objections regime that governs it.
Consolidation and minor orders
A road traffic order that simply gathers previous traffic orders into a single instrument should not attract controversy, as it, by definition, leaves the street’s traffic position materially unchanged. Accordingly, regulation 21 of the Traffic Orders Regs 1996, SI 1996/2489, allows a lighter-touch approach to the publicity required for consolidation orders. That more flexible treatment also applies to orders that do alter the on-street regime, provided any alteration is only minor...
Local Government
PRACTICE NOTES
On-Street Parking under the Road Traffic Regulation Act 1984: Local Authority Powers to Designate, Control and Charge (including meters, devices and accounts)
Local authorities
This Practice Note identifies which local authorities may authorise and regulate on-street parking, stressing that the competence is confined to roads and requires the consent of the highway authority or any other person charged with maintaining the road. It also sets out how councils can impose charges for designated on-street parking places, including through parking meters and other parking devices.
At common law, leaving a vehicle on a highway constitutes an obstruction of the public right of passage, yet stopping has always been permitted for loading and unloading, and (for reasonable periods) during meal breaks or where there is mechanical breakdown. In any case, it is arguably not a genuine obstruction (ie not a nuisance at common law) if there is ample space for traffic to pass the parked vehicle. The Road Traffic Regulation Acts addressed this by authorising certain local authorities to allow on-street parking. With permission came regulation and, in turn, parking charges. Outside Greater London, the bodies empowered to permit and control on-street parking are the county councils and the unitary (metropolitan district) councils...
Local Government
PRACTICE NOTES
Traffic Regulation Orders under the Road Traffic Regulation Act 1984: authorities, procedure, notices, consents and challenges (England and Wales)
This Practice Note identifies the traffic authorities empowered to manage highway traffic across the highway network under the Road Traffic Regulation Act 1984 (RTRA 1984), and outlines a traffic authority’s obligations in relation to road traffic. It sets out how that duty is discharged by making Traffic Regulation Orders (TROs) pursuant to the RTRA 1984, and the situations where approval from the Secretary of State or the Welsh Ministers is required, where necessary and appropriate, before an Order is made.
What is a Traffic Regulation Order?
A TRO is a formal order or byelaw issued by a traffic authority specifying the type and scope of traffic restrictions within a particular locality...
Local Government
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