Pavement Parking

Afzal Khan Excerpts

Monday 13th March 2023 Commons Chamber

[Afzal Khan (Manchester, Gorton) (Lab)]

In my time in this House, I have been lucky to obtain a number of Adjournment debates, but never before has one generated quite the same level of response as this one. This issue has a daily impact on constituents and makes their lives materially worse. For some constituents, it is beyond frustrating and actively stops them from enjoying the things that many of us take for granted. That includes people who have mobility impairments, who are blind or partially sighted, and people who are neurodiverse.

I heard from my constituent, Barbara, who told me about the difficulties she had getting to the supermarket when she was in a wheelchair. Carolyn told me she is finding it harder to take out her mum, another wheelchair user, on walks to Alexandra Park. New parents like Hafsa, Jack and Antony told me how difficult it was to navigate parked cars with a pushchair, and the dangers of having to take their children into the road to get around.

[Kim Leadbeater (Batley and Spen) (Lab)]

I congratulate my hon. Friend on securing this important debate on pavement parking. Sadly, it is an issue that affects people in my constituency daily. Does he agree that ultimately what we need to rid our towns and villages of this problem is behaviour change? The question is how we get people to stop inconsiderate, selfish and dangerous parking that blocks paths for pedestrians, wheelchair users, pushchairs and guide dogs. Sadly, appealing to people’s better nature does not always seem to be effective, so does he agree that we need councils and police forces to be properly resourced so that they can issue fines, put signs up, repaint lines and work with local businesses, which should also remind customers about not parking on pavements, for the good and the safety of all our communities?

[Afzal Khan]

I agree wholeheartedly and thank my hon. Friend for her amazing hard work in her constituency. I will be covering the issues she raises in my speech.

I have heard from my local council about missed bin collections and expensive damage to pavement surfaces. Walk Ride Whalley Range in my constituency commissioned its own local research; the response was that pavement parking not only is an issue for those with disabilities or young children, but encourages speeding and reckless driving in neighbourhoods. It discourages people from choosing active travel alternatives to cars, such as walking and cycling, and prevents people from accessing public transport.

[Jim Shannon (Strangford) (DUP)]

I commend the hon. Gentleman for securing the debate. He is absolutely right that there is a very clear safety issue. If cars are parked on the pavement, that means that women with prams, ladies who are walking and blind people with their guide dogs have to go on the road, thereby endangering them. Does he agree—perhaps the Minister will address this point, too—that safety has to be paramount? People have to be considerate of others. Back home, whenever I have brought these things to the attention of the police, they have gone out and enforced the rules with tickets. Maybe that needs to be done here as well.

[Afzal Khan]

I thank the hon. Member for his intervention and will expand on some of those points.

I know that local councillors across my constituency have worked hard to tackle the issue, despite not having the right tools to do the job. For example, they have joined efforts to leave notes on parked cars to remind drivers to think about the impact of their parking on other road users.

Most streets in my constituency were constructed before car ownership became common. There are many narrow terrace streets and houses without drives or garages. There needs to be a much wider debate about how a reduction can be achieved in car use in cities, but I want to focus on this one specific issue today. Our starting point must be that footpaths and pavements are for people walking or wheeling, not for vehicles.

[Ruth Cadbury (Brentford and Isleworth) (Lab)]

I congratulate my hon. Friend on securing this debate on an issue that has united Members of all parties across the House. Does he agree that the best solution already exists in London, where we have had a default ban on pavement parking for decades, and where local authorities can work with residents on exemptions where there is no choice? It is about time the Government responded to the consultations that took place more than two years ago and brought something in across the country similar to what we already have in London.

[Afzal Khan]

I agree. That is exactly the point I will make: we need to move forward, because we should not be still waiting. What is good enough for London is surely good enough for the rest of the UK.

In 2020, the Government held a consultation called “Pavement parking: options for change”. There have been written questions on when we can expect the outcome of the consultation; the response every time is “As soon as possible.” We are now on our fifth responsible Minister since the consultation closed. Government instability aside, surely the Minister agrees that two years, three months and 19 days is more than enough time to prepare a response. I hope he will be able to make “as soon as possible” mean sooner rather than later.

PATROL, a joint committee of local authorities—the name stands for Parking and Traffic Regulations Outside London—points out that it is a misconception that all pavement parking is currently legal outside London. The Road Vehicles (Construction and Use) Regulations 1986 make it clear that causing “unnecessary obstruction” of the highway by a stationary vehicle is a criminal offence. However, because it is a criminal offence, only the police have the power to issue penalty notices. The truth is that this is not a priority for the police and, to be honest, I do not blame them for that. After all, since 2011, Greater Manchester police have seen real-terms cuts of more than £215 million, with 2,000 fewer officers. They simply do not have the capacity. The current law is also ambiguous. The word “unnecessary” is subjective and leads to significant confusion among drivers: a study by YouGov found that 46% of them were confused by current laws.

The real difference between London and the rest of England lies in the fact that the Greater London Council (General Powers) Act 1974 created an unambiguous offence which authorities are confident to enforce and which, moreover, is also enforceable by local councils, rather than just the police. There is widespread agreement that we must bring the rest of England into line with London.

[Liz Twist (Blaydon) (Lab)]

My first Adjournment debate in the Chamber was about the issue of pavement parking. We were told that there would be a response very soon. Is it not now essential, for the sake of people such as Laurel, a blind constituent of mine who has a guide dog, for these laws to be introduced?

[Afzal Khan]

I entirely agree.

While it is already possible for councils to issue a traffic regulation order, there are drawbacks to the process which make it not only an unsustainable option for local authorities, but one that is unlikely to drive widespread behavioural change. The cost of permanent TROs can be astronomical. There is a clear need for a separate review of TROs to bring the process into the 21st century. They are rightly only enforceable when clearly signed, but that is yet another expense, and the overall cost makes them suitable only for a narrow and targeted approach. It would never be possible to create a TRO preventing pavement parking covering the entire city of Manchester, for example. If an order is applied to just one small area, the problem may shift to a nearby area without changing driver behaviour.

What is needed is a national approach that sets an expectation for all drivers everywhere. One way of achieving that would be to amend the Traffic Management Act 2004 to add obstruction to the list of offences to which civil enforcement applies. This would be imperfect, but would allow local authorities to issue fines, and would give councils outside London the first ingredient in the recipe that their counterparts in the capital enjoy: the power to enforce. We would also need a second ingredient, a lack of ambiguity. However, there should be very few circumstances in which obstructing the pavement is necessary, and we must set clear expectations on that to change driver behaviour.

A step beyond would be the introduction of a default ban on pavement parking across England through primary legislation, which is the approach now being taken by Scotland. The main benefit would be the creation of a simple, uniform and easily understood system, allowing for exceptions to suit local circumstances. I appreciate that that might take more time, which is why I hope the Government might make use of intermediate options now to begin to tackle the issue as soon as possible.

Any of these options will need to be accompanied by more resources: resources for national and local information campaigns on how the law is changing, and resources for local authorities for the purpose of enforcement. Only by doing both can we change behaviour for the better, and we cannot expect local authorities to foot the bill when they have already faced millions of pounds of cuts forced on them by Conservative and Lib Dem Governments since 2010.

There is a clear and widespread desire for change across the country. We must do better to make our streets usable for people walking or wheeling, and create an environment that is for the many, not the few. That will mean more people on foot, on bikes and on public transport, fewer cars and healthier, cleaner air.