HGV Fly-parking: Kent

Damian Collins Excerpts

Wednesday 7th September 2016 Westminster Hall

[Damian Collins (Folkestone and Hythe) (Con)]

I congratulate my hon. Friend the Member for Faversham and Mid Kent (Helen Whately) on securing this important debate and on all her work since being elected to this House in supporting the people of Kent who have suffered blight from congested roads, lorry parking and fly-parking.

The hon. Member for Stoke-on-Trent South (Robert Flello) said that this issue should not just be left to the commercial sector. I agree, but I am pleased by the big step change we have seen in the past year, whereby the Government have recognised that lorry parking in Kent is a major strategic national issue. It affects the whole county and all the strategic national routes when there is a major cessation in services through the port of Dover and the channel tunnel to the continent and back. It causes severe congestion on a major national route.

There is an ongoing problem with fly-parking because of the sheer volume and number of lorries. As my hon. Friend the Member for Faversham and Mid Kent said, when lorries have reached the end of their permitted time as set out in their tachograph, they legally have to find somewhere to stop. If there are not proper facilities for them to stop, they will stop wherever they can. That is far too often in country lanes and lay-bys and on the roadside and verges, which makes a mess and creates misery for those who live with it day to day. The solution is the Government’s decision, following strong representations by Members of Parliament from across the county, that there has to be a proper facility to provide overnight lorry parking on an ongoing basis and a permanent off-road solution to Operation Stack. I thank the Minister for the care and attention he has taken on the subject. I also thank the Under-Secretary of State for Transport, my hon. Friend the Member for Harrogate and Knaresborough (Andrew Jones). He has discharged his ministerial duties with great care for and consideration of the problems of the people of Kent.

My hon. Friend the Member for Faversham and Mid Kent rightly mentioned the problem at the Stop24 service station at junction 11 of the M20, where lorries seeking somewhere to park for the night are regularly turned away. The facility simply is not big enough. The figures given to me earlier this year by Shepway District Council showed that in October 2015, more than 1,200 lorries were turned away. In November, the figure was 1,600. In December, it was 1,700. It is a regular occurrence, and there simply are not enough spaces. To expand the services at Stop24 to allow for permanent overnight parking for 500 lorries is simply a case of meeting the need that is there.

I agree with what has been said: if we create the facilities, lorry drivers should be compelled to use them and not park up elsewhere in villages and on verges. The delivery of overnight parking facilities to prevent fly-parking is part of a much larger facility that will hold up to 4,000 lorries, meaning that it will be capable of taking the load of Operation Stack. The enforcement of phases 1 and 2 of Operation Stack requires the closure of the M20 between junctions 8 and 9 and junctions 10 and 11 to hold 4,000 lorries. Those lorries are simply queueing, waiting to make their journeys on through the channel tunnel and the port of Dover.

Last year, we lost more than 30 days with Operation Stack. The knock-on consequences for the county are considerable, because the coast bound lanes are closed. That puts amazing pressure on all the A roads. People simply cannot get around the county to do their ordinary business. A journey between Maidstone and Folkestone might take five hours by road when Operation Stack is at its peak. It is simply intolerable and cannot be allowed to continue. We know that volumes of freight traffic are likely to double over the next 10 years, meaning that the problem will get worse. Operation Stack is not just a question of migrant activity or strike action in Calais; it can be caused by any sort of disturbance that stops the flow, such as bad weather meaning that ships cannot cross the strait of Dover or a fire in the channel tunnel. All those things cause delays, and the more freight there is on the road, the more likely there will be delays and the more we will need alternative relief to Operation Stack.

I disagree with the hon. Member for Stoke-on-Trent South about the siting of the lorry park, which is required and absolutely essentially. Substantial work was done by Highways England, Kent County Council and other stakeholders, including Kent police, to look for an alternative. Quite simply, if we do not want to shut the motorway, we have to put the lorries somewhere else. They need to be in a place where they can be quickly drawn on and off the motorway network and held securely, close to the channel tunnel and the port of Dover so that the queues can be got rid of and drawn down quickly once the congestion eases. One of the worst aspects of Operation Stack is that once it is fully enforced, it can take up to five days for things to clear, simply because of the volume of traffic and even if the disturbance that caused Stack has long since stopped. The lorry park has to be on a site close to the motorway.

The other important thing—so important in the design of the lorry park that the Government have proposed—is that it is totally integrated with the motorway network, so that lorries can access the park and re-join the motorway without having to use other local roads and cause disturbance. The motorways and A roads should flow as they normally would, even when Operation Stack conditions are in place and lorries are using the lorry park.

An important part of the current consultation on the lorry park—I know the Minister is well aware of this and is speaking to my colleagues on Shepway District Council about it—is our concern that junction 11 of the M20 should be able to operate normally when Operation Stack is in place. Vehicles using the coast-bound carriageway should be able to exit the motorway at junction 11, even when the lorry park is in use and lorries are being drawn down from the lorry park to re-join the carriageway. Highways England has highlighted that there needs to be a proper traffic management system in place to enable that to take place safely. It is vital for my constituents that that is designed and in place by the time the lorry park becomes fully operational. That is a major concern for us, but I know that the Department has flagged up that it is working on a solution. No one thinks it is an insurmountable problem, so we want it to be addressed.

On the siting, the response to the initial consultation was absolutely clear. There were 1,300 individual responses, with a clear majority in favour of the creation of a lorry park, rather than continuing to use the motorways for Operation Stack. The respondents supported that solution, and it has my full support, too. It was also important to the people of Kent to recognise that the lorry park is a major piece of national infrastructure and so should be funded by the Exchequer and not by local authorities. We were therefore grateful that the former Chancellor committed the Government to spending £250 million to deal with the blight of Operation Stack.

I know that other colleagues from Kent wish to speak, but I want to underline the cost factor. Some have queried whether the lorry park is a good use of public money. The road haulage industry and others have estimated that the cost of Operation Stack to the UK economy is £250 million a day, so the cost to the British economy of one day of Stack is the cost of building the lorry park. It is a necessary facility that can be used to help manage fly-parking. It can relieve the county of the blight of Stack. I hope that the infrastructure gives us a better facility to manage other issues, including the regular build-up of traffic queueing to get into the port of Dover. Kent needed infrastructure to allow normal life to continue, and at last it will be delivered.

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[Craig Mackinlay]

My hon. Friend makes a valid point. The problem is that, if a vehicle is properly insured and there is no traffic regulation order to prohibit the parking on, say, a housing estate, under the law the vehicle can park there. It comes down to the lack of facilities that we have. Because of tachograph requirements and driver hours, some drivers are forced to stop wherever they can. That enforces the argument for proper sites across the country to stop that happening.

The mess that is created down the last part of the Thanet Way has been mentioned. I know my right hon. Friend the Minister is familiar with that area. There are four or five lay-bys, which are used overnight. I have cause to stop there from time to time when driving with my dog, so that she can take an appropriate break. I pick up what comes out of my dog, but I sometimes wonder if there have been several inconsiderate dog owners. Sadly, that is not the case—it is human waste and filth, which the hon. Member for Stoke-on-Trent South ably described.

The way to solve the problem is a mixture of carrot and stick. Enforcement notices have a valid part to play. Figures from Kent police, which I think my hon. Friend the Member for Faversham and Mid Kent already raised, show that in the six-month period from December ’15 to May ’16, 1,354 lorries were moved on and 370 suffered a graduated fixed penalty notice. A penalty notice should be sufficient to prevent those drivers from fly-parking the next time, but, unfortunately, a degree of lunacy comes into play. The Minister might be interested in this point. I have been doing a lot of work in Sandwich to try to stop big lorries going into the town as a result of blindly using the free software on their phones that is designed for cars, not lorries. Thankfully, we now have a 7.5 tonnes traffic regulation order. When it came in, I asked the police what they were going to do to enforce it. There is new signage of course, but the big stick of fining can work when a fixed penalty notice is issued to a UK haulier, because we know where they are and they can be pursued easily through the British legal system. The problem is with foreign drivers, of which some 65% seem to be the ones responsible across Kent. There is just one handheld machine for taking a credit card across the whole of Kent police. I found that quite incredible. I could set up a shop tomorrow and get a credit card machine in, but Kent police only have one. I am taking that up with the police and crime commissioner.

Cost is the big issue. That £20, or whatever the cost is, is quite a lot of money to the driver or foreign driver and it is not surprising that they want to avoid that. Farthing Corner, one of the key stations on the M2, charges £20 per night—it is not surprising if drivers avoid that charge.

There is a big contrast here with our EU neighbours, who tend to do this better than we have. In France, they have the aires system of truck stops. In Hungary, a place that I am more familiar with—my wife is Hungarian—all main motorways have pull-in areas. They are not full service stations, rather they are off-the-motorway pull-in areas with toilet facilities, called pihenöhely—I will leave a note for Hansard. My first time in Hungary I thought it was a place; there seemed to be rather a lot of places with the same name—they are all over the place.

Drivers’ hours are at the heart of this and until we provide proper facilities we are hamstrung on what we can do. Carrot and stick needs to come into play. The provision of areas, at reasonable cost if necessary, is the carrot. I do not know if there will be a cost associated with Stanford West for usual use; I would imagine there probably will be.

[Damian Collins]

The Stanford West site will have lorry parking charges for overnight parking but would be free for use for other means.

[Craig Mackinlay]

That may not solve the problem of overnight fly-parking, because people will want to park for free somewhere else. That is perhaps something we need to pursue.

Once facilities are available, we need the stick: a higher fine. My hon. Friend the Member for Faversham and Mid Kent raised that point. That stick should also be linked with Kent police getting more than one credit card machine—that might be useful. Also, local authorities should take the step to enforce. The cost to local authorities of cleaning up the human waste and rubbish in the lay-bys has not yet been quantified, but it must be substantial. It does little for the general quality of our road network.

Again, I thank my hon. Friend for securing this debate. This issue needs to be solved, because, no matter which part of the county we are in, Kent is very much at the frontline of the problem.

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[Daniel Zeichner (Cambridge) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Turner. On behalf of the shadow Transport team, I welcome the Minister to his place. In his reincarnation he brings a wealth of experience to the Department. I thank the hon. Member for Faversham and Mid Kent (Helen Whately) for securing this debate and I pay tribute to her hard work highlighting the inconvenience that fly-parking by HGVs has caused her constituents and others across Kent. I also thank her for highlighting the wider concerns associated with the management and transportation of freight in and around Kent generally.

As we have heard, fly-parking, whereby heavy goods vehicles park in areas not intended for them, such as motorway hard shoulders, rural verges or local streets, is a significant problem both in Kent and across the country as a whole. It is a problem for residents, as we have heard, also for the drivers and, as my hon. Friend the Member for Stoke-on-Trent South (Robert Flello) so graphically illustrated, those who work in the recovery industry. Although fly-parking in Kent is closely linked with the implementation of Operation Stack and proximity to the port of Dover and the channel tunnel, as has already been fully explained by hon. Members, illegal parking by HGVs is a challenge nationwide. There have been shortcomings in the Government’s handling of the road haulage sector as a whole. Of course, fly-parking affects not only Kent but ports generally, as my hon. Friend the Member for Bootle (Peter Dowd) has pointed out.

I will recap the situation, although I will try not to repeat too many points that have already been well made by hon. Members. A study of national lorry parking published by the Department found that on-site lorry parking facilities in the country were unable to meet the demand for spaces. Kent County Council’s 2012-16 action plan stated that problems associated with parking off-site, particularly when close to residential areas, included lorry-related crime; road safety; damage to roads, kerbs and verges; environmental health issues; littering; visual and noise intrusion; and reduced personal safety. The same action plan also cited evidence from the Department, which found that at peak times many on-site lorry parking facilities in Kent exceeded full capacity. For instance, it found that facilities in Maidstone were at times 100% full, facilities at Gravesham and Ashford were 75% to 100% full, and facilities in the Medway Council area were 75% to 100% full.

Highways England suggested last year in its consultation on managing freight through Kent that there was a shortage of lorry parking spaces in the county. Indeed, while a number of commercially operated sites exist, they are often full, with lorries being turned away. As we have heard, lorry drivers rightly have to abide by strict rules as to how long they can drive between breaks, and the duration of those breaks, and if no formal parking is available, drivers stop where they can, inevitably leading to fly-parking.

The problem seems likely to intensify. Highways England reported last month that over recent decades the number of lorries crossing the English channel has increased sevenfold. It suggests that almost 90% of all UK roll-on/roll-off international freight goes through the strait of Dover, which means putting 11,000 lorries on Kent’s roads every day. It is further estimated that by 2025 the number of lorries travelling through Kent each day could double, putting huge pressure on the road network.

As I have already suggested, it is difficult to discuss the problems associated with the inappropriate parking of HGVs in Kent without talking about Operation Stack. As we have heard, in the summer of 2015 Operation Stack was implemented on an unparallelled scale, which the hon. Member for Folkestone and Hythe (Damian Collins) detailed fully. It clearly caused severe disruption to communities in Kent, the local economy, and the road haulage sector because it was in place almost continuously between 23 June and 1 August 2015.

It has been suggested by some that the Government’s response to the trials of that summer—the idea of building a lorry park the size of Disneyland California and larger than the Vatican City—could kill two birds with one stone, because it could keep freight moving irrespective of cross-channel disruption, and also circumvent fly-parking by providing additional on-site capacity for parking HGVs. Indeed, the Government’s consultation on the location of the lorry park had the stated aim not only of

“seeking to solve the problems associated with the queuing which arises whenever there is a lack of capacity at the Port or Eurotunnel”,

but also of asking

“whether a permanent lorry area could help address the issue of illegal and other inappropriate parking.”

In August, Highways England said it was exploring whether to use the planned Stanford West lorry park, which will have considerable capacity, to hold 3,600 lorries, provide overnight lorry parking, and stop lorries parking on roads not intended for their use. Building work on the site is due to start “as soon as possible”. I know that Kent Members have broadly welcomed the building of the facility, but it is worth pointing out that Stanford parish council has expressed concerns, as does the Kent branch of the Campaign for Rural England. That is hardly surprising, but the local communities that will be most closely affected should always have a full opportunity to be involved throughout the decision-making process.

[Damian Collins]

The hon. Gentleman will be aware that although Stanford parish council objected, the proposal has the support of the county and district councils, and overwhelming support from the people who responded to the initial consultation. We are responding to what residents want, and are being directed by the responses to the initial consultation on the siting of the lorry park.

[Daniel Zeichner]

I appreciate the hon. Gentleman’s comments; as I have suggested, it is perhaps hardly surprising that local communities may express concerns in such processes. Whatever the consensus, the Select Committee on Transport has been more directly critical, and has questioned the wisdom of building a permanent lorry park for the considerable sum of a quarter of a billion pounds. It has suggested that so far the Government have proved neither that the benefits will outweigh the costs of construction, nor that the lorry park will ultimately help to keep the M20 open and traffic flowing. In the view of the Committee the decision is both hasty and disappointing, and has been made despite a lack of information and analysis. There has been little certainty about how the lorry park will be operated and the costs of doing so.

It is right that the Government should work to find an alternative to Operation Stack that will not bring Kent grinding to a halt and that will improve driver welfare. It is also welcome that direct access to the lorry park from the M20 will be provided, to avoid a detrimental impact on the local road network. Yet creating a huge lorry park in one location does not really address the wider problems that are manifest in the sector. It is also perhaps worth noting in passing that the cost of the lorry park is roughly equal to the entire annual cycling budget.

I fear that a new lorry park may have much less impact than hoped in terms of providing a solution to fly-parking by HGVs in Kent. The Transport Committee heard strong arguments that parking capacity to address fly-parking is needed across much of Kent, rather than concentrated in a single location. That, as has been mentioned, is because drivers are compelled to stop as and where they can when they have reached the limit on the number of hours they are legally allowed to drive. Furthermore, the Committee has pointed out that the provision of further paid-for parking capacity will not address the problem of those drivers who fly-park to save money, as the hon. Member for South Thanet (Craig Mackinlay) pointed out to us. In fact Kent County Council also suggests that the causes of fly-parking are

“excess demand, the cost of using truckstops and sometimes unclear signing.”

We really need more smaller, cost-effective parking facilities in several locations across Kent, as well as across the entire country. As my hon. Friend the Member for Liverpool, Riverside (Mrs Ellman), who chairs the Transport Committee, said:

“Before a spade is put in the ground, the government must show it has given proper consideration to all possible alternatives.”

[Damian Collins]

With respect to the Committee, people have been looking at this issue for decades, and a huge amount of work has been done. The Transport Committee may have given itself a few weeks to look at it, but the consultation is very detailed and the result of many years’ work. Any solution will also pose questions, but the reason for the lorry park’s size, and for where it is sited, is that it is big enough to hold Operation Stack phases 1 and 2, which is what we have 95% of the time. It is where the police and Highways England say it needs to go, which means that it is integrated into the motorway network and is as close as possible to the channel tunnel and the port of Dover.

[Daniel Zeichner]

The hon. Gentleman makes his points forcefully, but I am merely pointing out the issues raised by the Transport Committee, which I think are certainly worth considering. It has proposed a range of alternatives that should at least be considered, including upgrading the M20 and the A2/M2, increasing the capacity of cross-Channel services or, crucially, building a network of smaller lorry parks. Indeed, one could say that what is needed is a comprehensive plan to deal with the issues facing the freight industry, as comments by my hon. Friends have already suggested. Many of us would like a modal shift to rail, in particular, to decrease congestion and take the pressure off our roads, as my hon. Friend the Member for Bootle pointed out. A single freight train can, after all, take up to 80 HGVs off the roads, and rail freight produces 76% less carbon dioxide per tonne moved than road freight. Of course, as we have also heard, the road haulage industry has a driver recruitment crisis. My hon. Friend the Member for Stoke-on-Trent South made his points about that very well. With the average age of an HGV driver now around 56, the Government desperately need to take steps to recruit new drivers to the profession. Making it more attractive must be one of the answers.

More truck stops and better parking facilities would not only tackle fly-parking and improve the lives of local residents, but would improve the lot of hard-pressed lorry drivers and might make it easier to recruit as well. I congratulate the hon. Member for Faversham and Mid Kent on obtaining the debate, and hope she will join us in pressing the Minister and the Department for the improvements that we all want.

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[Mr Hayes]

It is right that we look at this issue more widely, and not simply at the provision of this additional facility. We must look both at the capacity challenges on the roads to and from Dover and, as my hon. Friend says—he has comprehensive knowledge of the locality—at additional facilities that could be put in place above and beyond the advantages we will get from the large new park. I will talk a bit more about that in a moment. I take my hon. Friend’s point. We should consider these things strategically, as a number of hon. Members, not least the hon. Member for Bootle (Peter Dowd), have suggested, rather than on a piecemeal basis. My hon. Friend has made his point powerfully, and I will ensure that it is built into our thinking.

The clearer picture that I seek through that fresh strategic work will be conducted with Transport Focus, to understand better the current provision and road users’ expectations. As well as looking at the impact of Operation Stack, we will take account of projections of the growing use of the road network in Kent and elsewhere—this is not just an issue for Kent, as a number of hon. Members emphasised, including my hon. Friend the Member for Cannock Chase (Amanda Milling).

Operation Stack is only ever used as a last resort, but as my hon. Friend the Member for Folkestone and Hythe said, that last resort might be brought about by a variety of causes. Its growing use at a particular period of time is illustrative of precisely that.

[Damian Collins]

My right hon. Friend the Minister is absolutely right that it is used only when necessary, but the trouble is that there is no alternative to its use. If the port or the channel tunnel is not operational, at the moment there is no alternative other than parking the lorries on the motorway. That is the nub of the problem, which is why we require a different solution, and we are glad that the Government have found the resources and strategy to implement it.

[Mr Hayes]

Yes, and when Operation Stack is used it demonstrates just how significant the effect of the disruption on the M20 can be on businesses, local people and hauliers themselves. That is why I am determined to deliver an alternative solution. As my hon. Friend the Member for Faversham and Mid Kent said, we have committed £250 million for the lorry area, and now we are looking to make that a reality. I take the shadow Minister’s point that that needs to be done carefully and on a considered basis. We must not rush into this. We need to take into account all cost-effectiveness measures. This will be a significant project, so it has to be done properly and cautiously. That is an argument not for delay but for getting it right. I am sure all hon. Members in this Chamber and beyond want that to be the approach adopted by a responsible Government.

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[Mr Hayes]

My rich experience of Government, to which the shadow Minister so generously alluded in his welcome, has taught me that there is always a plausible argument for doing little and a pretty convincing one for doing nothing. I am not inclined to fall foul of either of those approaches, but it is important that we do this in a way that takes local stakeholders with us, takes local authorities’ views into account, engages the local community, is satisfactory for hauliers and becomes an attractive option for them as well as a necessary one when stacking occurs. A number of hon. Members said that the facility needs to be available above and beyond Operation Stack, for the very reason that led my hon. Friend to bring the debate to the Chamber today.

[Damian Collins]

The Minister is being very generous in giving way. I thank him for making that point. Although I and my county colleagues regard the creation of this facility as vital, we need to take into account the needs of a number of residents who live close to the site and have very special needs. Special consideration must be given to the needs of the residents and businesses. I know that the Department has already flagged up that issue and is looking at it in detail, and I am glad that the Minister has made that point.

[Mr Hayes]

That is one of the reasons why I am going to Kent tomorrow. My hon. Friend is right that we need to take fully into account the specific concerns in the locality. I will ask Highways England to work closely with residents and local stakeholders to ensure that the design of the new lorry area minimises the social and environmental impact while addressing this issue for users of the road network. Highways England is also exploring the use of the lorry park for the overnight parking requested by my hon. Friends. We are seeking feedback through the consultation, which, as my hon. Friend the Member for Folkestone and Hythe and others know, is going on presently, on how that can and should work.

This is not just about Operation Stack and the new facility. It is a national problem that requires the Government, local authorities and industry to work together. Overnight parking of HGVs on the highway and in various business parks has been a significant and growing problem for a considerable time, and the wider effects are various. There is a problem with noise, nuisance, litter, safety and environmental damage, as a number of hon. Members described. Dogs were brought into the equation by my hon. Friend the Member for South Thanet, who said that the solution requires a carrot and a stick. I thought it should be a bone and a stick—the stick to throw and the bone to feed.

Nevertheless, a variety of challenges arises from that important concern. To that end, I want to have ongoing discussions with motorway service area and lorry park operators and with the freight industry. I want to see what can be done nationally to improve the availability of quality, safe and secure parking areas. In Kent, Members, councillors and others will play their part.

I am aware of illegal parking by HGVs on the hard shoulder of motorways and local roads in Kent. On the motorways, last winter, in a concerted effort by Highways England and Kent police called Operation Kindle, Highways England traffic officers patrolled key locations systematically and advised drivers of illegally parked vehicles to move on. If they did not do so, the traffic officers informed the police. Fixed penalty notices were issued—if drivers refused to pay, their vehicles were moved to a secure location where they were immobilised until the fines were paid. Graduated fixed penalty notices allowed officers to issue cumulative fines measured against the number of offences and their severity. I understand that operation to have been successful in clearing the targeted areas. For example, on the night of 9 December last year, the police moved on 153 illegally parked vehicles on the M20 and M2, and more than 50 drivers were fined.

Many such vehicles are foreign-owned, which causes a particular problem, as changing the law to allow enforcement of tickets given to foreign-registered vehicles would require an international treaty. When I was told that by my Department, I said that I would quite like to sign an international treaty—it sounds so grand and important, doesn’t it? If that is what we need, that is what we will do, make no mistake. The important thing is to solve the problem, not to focus continually on the obstacles to doing so.