Cabinet Member Decision

Subject:                    Marine Parade Bus Lane ETRO

 

Date of Decision:   8 May 2026

 

Report of:                 Cabinet Member for Transport & City Infrastructure

 

Contact Officer:      Name: Colin Harwood – Acting Transport Capital Programme Manager

                                   

                                    Email: colin.harwood@brighton-hove.gov.uk

                                   

Ward(s) affected: Kemptown

 

Key Decision: No

 

For general release

 

1.            Purpose of the report and policy context

 

1.1         The proposed bus and active travel scheme focuses on a key section of Marine Parade. This is an essential route for commuters, residents, visitors to Brighton & Hove and public transport services. The scheme includes the introduction of a shared bus and cycle lane and a new signalised pedestrian crossing. The project has also looked to improve pavements, other pedestrian crossing facilities and facilitated road resurfacing. The scheme is designed to:

 

·         Improve bus journey reliability and prioritisation

·         Provide an enhanced westbound cycling facility in line with national design standards (LTN 1/20)

·         Support the council’s wider goals of reducing carbon emissions, encouraging active travel and improving air quality

 

1.2         This report is being presented to the Cabinet Member for Transport & City Infrastructure for a decision on if the Experimental Traffic Regulation Order (ETRO) in place for the Marine Parade Bus Lane can be made permanent, as it has received more than 5 unsolved objections.

 

2.            Recommendations

 

2.1     That the Cabinet Member for Transport and City Infrastructure approve making the Experimental Traffic Regulation Order (TRO-1-2025 & TRO-1a-2025) permanent.

 

3.            Context and background information

 

3.1          Following extensive engagement with residents and stakeholders through the council’s Your Voice platform between 10th May and 28th June 2024, construction of the Marine Parade bus lane commenced. Once construction

 

was complete, an Experimental Traffic Regulation Order (ETRO) (TRO‑1‑2025 and TRO‑1a‑2025) was advertised and made available for public comment from 1st May to 27th December 2025. This provided a live consultation period, enabling people to comment while the bus lane was in operation and helping to inform any subsequent changes.

 

3.2          The ETRO has implemented a new shared bus and cycle lane between Rock Place and Broad Street. Parking spaces have been removed to facilitate this bus lane but dedicated loading and taxi bays have been retained.

 

3.3          Separate to the ETRO, the project has been able to provide a new signalised pedestrian crossing facility, improve pavements and allow for road resurfacing.

 

3.4          Prior to the ETRO and the scheme being implemented, an initial consultation process provided valuable insights into local priorities and concerns.

 

Key comments raised by respondents in the initial consultation included:

 

·         Around 50% of all comments on bus travel stated that the bus lane should be made longer. In addition to this about a third also thought that the proposed bus lane would speed up journeys. 

·         The highest numbers of comments about the pedestrian environment were centred around concerns about the removal of the pedestrian island. This was ultimately retained in the detailed design phase of the project due to the comments raised.

·         The highest number of comments about cycling raised concerns about not including a segregated cycle lane and safety for cyclists, although many respondents thought that this proposal would increase safety for cyclists.

·         Respondents questioned why funding couldn’t be spent on repairing and resurfacing the roads. It’s important to note that the project scope included resurfacing but could not be spent on resurfacing elsewhere as the purpose of the funding was specifically for bus priority measures.

·         Concerns on the perceived potential for increased congestion and pollution.

 

3.5          A more detailed analysis of the comments received during the initial consultation period was previously undertaken and is included in Appendix B.

 

3.6          The proposals outlined in the ETRO received a mixture of comments supporting as well as objecting to them. A detailed summary of the ETRO comments received has been carefully reviewed, grouped into five main themes and responded to by officers. This is included in Appendix A. An analysis of the comments received has been undertaken and the conclusion and recommendation is that the ETRO should be made permanent.

 

3.7          Brighton & Hove Cab association and other taxi representatives objected to the initial ETRO due to the removal of the 24-hour taxi bay and its change of use to a nighttime only rank. However, an amendment was made to the ETRO and the 24-hour taxi bay was reinstated.

 

3.8          Approving the ETRO to become a permanent TRO would allow the scheme to continue to deliver bus, active travel and accessibility improvements, support sustainable transport, and align with the council’s strategic transport and climate goals.

 

4.            Analysis and consideration of alternative options

 

4.1          Do nothing and allow the ETRO to run out of date, meaning removing the changes made. This would lead to additional construction costs and further disruption due to the work required to reverse the changes. It would also remove the bus lane, resulting in less reliable westbound bus journeys. This could result in missed opportunities to deliver long-term benefits for sustainable travel and may expose the council to reputational risk for not acting on strategic transport priorities.

 

5.            Community engagement and consultation

 

5.1         The Scheme was developed following extensive engagement with residents and stakeholders held on the council’s Your Voice platform between 10th May – 28th June 2024, the proposed scheme progressed to ETRO stage.

 

5.2         The ETRO (TRO-1-2025) with a subsequent amendment (TRO-1a-2025) were advertised (1st May to 27th December 2025) and were open for comments to be made on the proposals.

 

5.3         The ETRO and subsequent amendment were advertised in The Argus, emailed to stakeholders and notices erected on street. It was also published on the council’s TRO website.

 

5.4         The Council received 23 items of correspondence to the proposals from residents, businesses, and stakeholders. This included 5 comments of support and 5 general objections for reasons such as perceived impact on traffic flow. A further 5 objections related to the taxi rank removal which was reinstated in the amendment ETRO and another one objection relates to streetscape design which is not relevant to the ETRO proposals. A summary of these comments and responses is provided in Appendix A.

 

5.5         No stakeholder groups other than the Brighton & Hove Cab Association and other taxi representatives submitted comments on the Marine Parade ETRO consultation.

 

6.            Financial implications

 

6.1.       The scheme was funded by the Bus Service Improvement Plan (BSIP). There are no additional capital costs are associated with making the ETRO permanent with only small administrative costs contained within transport revenue budgets. Were the bus lane to be removed, additional capital costs will be incurred and funding for this would need to be identified from within the transport capital programme.

 

Name of finance officer consulted: David Wilder Date consulted 03/04/26)

 

7.            Legal implications

 

7.1.       The ETRO was made following the Council complying with the statutory requirements relating to the making, advertising and consultation of the ETRO and subsequent amending order.

 

7.2.       In deciding whether to make the ETRO permanent, regard must be had to the Council’s duties under section 122 of the Road Traffic Regulation Act 1984 including the duty to secure the expeditious, convenient and safe movement of traffic, having regard to environmental and community impacts. The report evidences this has been undertaken.

 

7.3.       Regard must also be had to the Public Sector Equality duty under s149 of the Equality Act 2010. An Equality Impact Assessment has been undertaken and is appended to this report. The identified impacts and mitigating measures must be taken into account as part of the decision making process.

 

7.4.       The objections and representations received must be considered and these have been, as evidenced in this report and in the appendices.

 

7.5.       If the decision is taken to make the ETRO permanent, the permanent order will need to be made in accordance with the statutory procedure set out in the Road Traffic Regulation Act 1984 and associated regulations.

 

Name of lawyer consulted: Katie Kam           Date consulted 08/04/26)

 

8.            Risk implications

 

8.1         Failure to proceed with the scheme will result in an extra cost to the council for the removal of the changes made as part of the ETRO. This could also impact the council’s ability to deliver future transport improvements and reduce the likelihood of success in future funding bids.

 

9.            Equalities implications

 

9.1         An Equality Impact Assessment (EIA) has been carried out for all highway improvements carried out under the delivery of the Marine Parade Bus Lane (Appendix C).

 

9.2         Overall, the implementation and retention of the shared bus and cycle lane on Marine Parade is expected to have positive effects for people with the protected characteristics of age and disability, as it will improve bus reliability to and from the city. Potential negative impacts identified in this EIA has been mitigated through the project action plan. The Marine Parade shared bus and cycle lane project has and will work to ensure groups are aware of the project through clear communication and campaigns.

 

10.         Sustainability implications

 

10.1      The scheme supports the use of sustainable transport modes, including public transport and cycling. It contributes to the council’s climate goals by encouraging modal shift and reducing emissions.

 

11.         Health and Wellbeing Implications

 

11.1      The Marine Parade bus lane scheme feeds into the council’s priorities and vision for Brighton & Hove - Make it easier for people to move around the city, by continuing to invest in maintaining and upgrading our highways network.

 

Other Implications

 

12.         Procurement implications

 

12.1      Not applicable.

 

13.         Crime & disorder implications

 

13.1      Not applicable.

 

14.         Conclusion

 

14.1      After careful consideration of the comments and concerns raised, officers have concluded that the issues presented do not warrant withdrawal of the proposals.  It is therefore recommended that the ETRO is made permanent.