Pavement Parking

Guy Opperman Excerpts

Thursday 7th March 2024 Commons Chamber

[The Parliamentary Under-Secretary of State for Transport (Guy Opperman)]

I congratulate the hon. Member for Blaydon (Liz Twist), who is my constituency neighbour, on securing this Adjournment debate on what is genuinely a very important issue—I do not diminish it in any way whatsoever. I acknowledge that the hon. Member for Manchester, Gorton (Afzal Khan) has also previously raised this matter in the House. I have had my brief for about 100 days, and have taken the trouble to read transcripts of the previous debates.

I am also acutely conscious that a vast amount of evidence has been provided by a large number of organisations. Like the hon. Lady, I have met Guide Dogs UK, and I know that this is a very serious issue that affects individuals up and down the country in a genuine and serious way, including people who are disabled, those who have children, those with prams and buggies, those who are walking their dog and those who are engaging in active travel, for which I am also the Minister. We have increased the budget for encouraging active travel by 10, and we are trying to persuade people to get behind it, so I do not want to diminish the importance of this issue in any way. I acknowledge that it is very serious.

As the hon. Member for Blaydon knows and has previously outlined, there has been a total ban on pavement parking in London since 1974. However, to be fair, successive Governments of different political persuasions have decided since 1974 that there should not be a nationwide ban. That is partly because London is clearly a different environment from other parts of the country, particularly in terms of rurality. However, she will also be aware—I am repeating things that both she and the hon. Member for Manchester, Gorton know—that there are traffic regulation orders, as well as prescribed traffic signs and bay markings.

To give some context, the Transport Select Committee’s report in September 2019 was highly detailed and took huge amounts of evidence, and to a certain extent triggered the Government to respond. That Committee sought reform of the TRO process, a change in the legislation governing the enforceable offences of obstructive pavement parking—as I will deal with later, that legislation is not simple by any stretch of the imagination—and consideration of a nationwide ban in some shape or form.

As a result, and following consideration and, rightly, extensive debate in the House on an ongoing basis, there was the consultation. As the hon. Member for Blaydon says, 15,000 people responding to a Government consultation is probably more than any other that I am aware of—certainly in the transport space. When I was the Employment Minister, I was not aware of such detailed consultations. Clearly, there are some that do generate more than that, but this was not just on the three main points, because bear in mind that there were 15,000 responses on 15 different issues. That produced, as she rightly outlined, thousands of pieces of individual feedback, all of which need to be read and analysed. An awful lot of different Departments need to consider different matters, and local authorities are utterly key to that, as is the Department for Transport and the like.

I want to make the point that we understand the issues, and if we did not understand them before the consultation, we most definitely do now. There are obviously inherent dangers for all pedestrians, and the hon. Lady rightly identified the particular situations for her constituents, for whom I have genuine sympathy. However, it must be recognised that many towns and cities—as was clearly set out in the Transport Committee report and the consultation the Government undertook—are not designed to accommodate today’s traffic levels, and in some locations the pavement is the only place to park without obstructing the carriageway, not least because there needs to be a free flow of traffic for the emergency services, which is a factor that the Government have to consider.

[Liz Twist]

I understand that issue, and I understand that one of the proposals is to have a blanket ban, but allow opt-outs in particular circumstances. That is clearly necessary, and I do not think anyone is arguing that there are not circumstances in which that would be the case. However, this is sounding as though we are not getting to a conclusion and that we are not going to have a decision on this issue, because it is too difficult. Is that right?

[Guy Opperman]

No, I think that is a slightly unfair, with great respect. I endorse entirely the comments of my noble Friend Lord Davies of Gower, who responded to that specific point in the House of Lords very recently. He specifically said that the Government were coming to a conclusion very soon. I have unquestionably become aware of that since having taken up this post, and it will unquestionably be decided in the very near future. I do not want the hon. Lady to walk away from this debate thinking that this is not under consideration.

As the hon. Lady knows, existing legislation allows local authorities to introduce traffic regulation orders to manage traffic. Examples are one-way streets or banned turns, and the TROs also allow local authorities the freedom to decide if and how they wish to restrict pavement parking in their local area. However, we acknowledge—and the consultation clearly shows—that the process of making a TRO can be time-consuming and burdensome for local authorities, and it is clear that that requires reform. What reform looks like is not simple, but we unquestionably feel there is a capability to do that. There is also scope to reduce the cost of this process, because there is undoubtedly a lot bureaucracy and time that goes with it. If one could introduce a digitised, non-paper-based system, that would speed up applications and clearly make communication better. There is a clause to make that change in the Automated Vehicles Bill, which is going through the House and had its Second Reading earlier this week, and that will make it quicker and cheaper for local authorities to implement TROs.

The second recommendation was about unnecessary obstruction of the road. There are already some criminal offences in this space, and we are looking at how we amend the regulations to make unnecessary obstruction of the pavement enforceable by local authorities, while leaving obstruction of the carriageway, rightly, as a criminal matter. This would label civil enforcement officers to address instances of unnecessarily obstructive pavement parking, as and when they find it. The enforcement of these offences would be more targeted than for a general prohibition of pavement parking.

[Afzal Khan]

The Minister has accepted that we have laws in London but not in the rest of the country. Would it not be consistent to have the same law across the board? After all, London is not the only important city. Cities such as Manchester or Birmingham are also important.

[Guy Opperman]

This option has challenges. Parking offences currently subject to local authority civil enforcement are violations of clearly defined restrictions indicated by traffic signs and road markings. By contrast, unnecessary obstruction that could not be indicated by traffic signs or bay marking as an obstruction is a general offence, which may occur anywhere. That is difficult to define and will require case-by-case assessment. The Department will likely need to issue very specific guidance to steer local authorities on what might be deemed unnecessary obstruction in order to prevent inappropriate and inconsistent enforcement.

The third option is a national prohibition. That is being considered, but there was considerable pushback against it in certain circumstances. As the hon. Member for Blaydon outlined, one would have to assess how it would possible in circumstances where there are significant and large local authorities, particularly rural ones, which would struggle to make the specific decisions on exemptions. However, we are looking at that particular situation to make a decision on where pavement parking would be necessary. A local authority would have to limit the necessary exemptions, and install traffic signs and bay marking to indicate all the places where pavement parking was to be permitted. That would be extremely difficult, particularly in rural areas. However, it is not by any stretch impossible.

Consideration also needs to be given to whether a ban would be disproportionate. I mentioned the rurality issue, but I want to finish on one key point. One can talk about the relative merits or otherwise of local government, and whether the London approach is the panacea that we all seek to say it is, but this is ultimately about the personal responsibility of the vehicle owner. I really want to ram home the point that, as is set out in the gospel, “do unto others as you would have done to yourself.”

[Liz Twist]

rose—

[Guy Opperman]

I will not take a further intervention. It is unquestionably the case that we need to send a strong message to the drivers of this country that it is incumbent upon them to park responsibly, to look after their neighbour, and to be conscious of the wider impacts of their decision to own a car, so that in their street and community, they are accommodating the people who are struggling.

Question put and agreed to.