Pavement Parking

Liz Twist Excerpts

Monday 13th March 2023 Commons Chamber

[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.

--- Later in debate ---

[Mr Holden]

I cannot speculate on what is going to be in the Budget, and I would urge hon. Members to wait and see what is going to happen later in the week. What I would say is that we have placed huge emphasis on this area already, with major investment going on across the country, and we expect to spend around £850 million by the end of this year, which is a record amount of funding. That represents a step change from previous Governments and Administrations of all colours in this space, and I expect to see that continue.

Recently in Parliament, I met Matthew Campbell-Hill, the new Disabled Persons Transport Advisory Committee chairman, and Cameron Wood, a constituent of the Minister of State, Department for Transport, my right hon. Friend the Member for Hereford and South Herefordshire (Jesse Norman), who are both actively campaigning on this issue. They highlighted to me, as has happened in other recent meetings I have had in Parliament, the real issues that pavement parking can cause for pedestrians and people with buggies and prams, but particularly for disabled people with sight or mobility impairments. This is an issue I have been campaigning on in my own constituency as well, where the blind community is particularly prominent in the town of Dipton.

Pavement parking has been prohibited in London since 1974, except where councils choose to permit it by implementing exemptions and erecting the necessary traffic signs. There is no specific ban outside London, but councils can implement local pavement parking prohibitions through traffic regulation orders, as well as prescribed traffic signs and bay markings. It is also the case that waiting restrictions such as yellow lines can apply to pavements as well as to the carriageway.

The Transport Committee reported on pavement parking in September 2019, with the key recommendation that the Government bring forward proposals to reform the TRO process to make it cheaper and easier for local authorities to use. Having seen it myself, I know that the process clearly needs reform. The Committee also recommended that the Government consult on a new civilly enforceable offence of obstructive pavement parking, and that we legislate across England, outside London, to address this issue more broadly.

Although successive Governments have recognised that there is no perfect solution to this difficult problem, the Government believed in 2020 that it was time to look again at the issue in detail. I am delighted to say that we had over 15,000 responses to the consultation, and each respondent was given the chance to answer up to 15 questions, providing tens of thousands of pieces of feedback and information, all of which needed to be read and analysed. Although I do not think I can please the hon. Gentleman as much as I would like by saying that we will imminently publish our formal response to the consultation, it is a very real and complex problem that we are looking to address at the earliest opportunity. I am actively working on this inside the Department.

At the moment, there are inherent dangers for all pedestrians from pavement parking, including being forced on to the carriageway. This is an issue faced by many disabled people, particularly those using motorised chairs when there are no dropped kerbs, resulting in further damage to pavements, which is a trip hazard. Maintenance is also a burden for local authorities and local taxpayers.

It also needs to be recognised that many towns and cities like ours were not designed to accommodate today’s traffic levels, or indeed cars per se. In some locations, particularly our narrower terraced streets, the pavement is the only place to park without obstructing the carriageway and so allow the free flow of traffic, including for emergency services.

All the measures on which we consulted have challenges in respect of efficacy and deliverability, and we want to take the right steps for future policy. Existing legislation allows local authorities to introduce TROs to manage traffic, and it allows them the freedom to decide what they wish to do at a local level. As the hon. Gentleman said, however, the process is time-consuming and burdensome. We recognise that it has to be reformed, as it is hugely important, and the Department is committed to doing that.

Removing bureaucracy and digitalising a costly, paper-based system is desperately needed to help speed up applications and the process more broadly. This will make it quicker and cheaper for local authorities to implement TROs. We need to reduce the average wait time of six months, which is far too burdensome and bureaucratic. At the moment it takes 12 weeks even for temporary TROs. We estimate that this could easily be reduced by a third, with resultant savings in both administrative costs and time. Digitalised TROs will also provide accurate digital data on how our roads operate, which will be needed to support autonomous vehicles in the longer term, and they will help to provide accurate information to road users in the shorter term. We are actively looking at this at the moment.

The hon. Member for Manchester, Gorton also mentioned the second recommendation on the offence of unnecessary obstruction of the road. I agree with him and other hon. Members that this is a broad and not well understood area of law. The offence includes the carriageway, verges and pavement, and it already exists as a criminal offence. We could amend the regulations to make unnecessary obstruction of the pavement enforceable by local authorities, while leaving obstruction of the carriageway as a criminal matter. That would enable civil enforcement officers to address instances of unnecessarily obstructive pavement parking, as and when they find it. Enforcement against this offence would be more targeted than a general prohibition of pavement parking. This would allow egregious cases to be addressed while not penalising motorists where pavement parking is the only option, and where it is safe for pedestrians and other road users. This could be implemented relatively quickly, as it would require only secondary legislation. Through this approach, pavement parking would not become a general offence, so local authorities would not need to conduct costly and time-consuming audits of their road networks, nor would it be necessary to place traffic signs and bay markings to indicate where pavement parking was still permitted.

However, there is a challenge with this option. Parking offences currently subject to local authority civil enforcement are violations of clearly defined restrictions indicated by traffic signs and road markings, such as yellow lines or white bay markings. By contrast, unnecessary obstruction could not be indicated by traffic signs or bay markings, as “obstruction” is a general offence that may occur anywhere. As the hon. Gentleman mentioned, “unnecessary obstruction” is also difficult to define. It would require case-by-case assessment and the Department would likely need to issue properly extensive guidance to steer local authorities in the right way as to what might be deemed unnecessary obstruction, in order to prevent inappropriate and inconsistent enforcement. Any such inconsistency would also ensure that our mailbags were overflowing with correspondence from people rightly concerned about that issue.

The third option, which we have also consulted on, is a national prohibition, extending the London arrangements to the rest of the country or making local authorities able to implement this as they see fit. That option would establish a general rule against pavement parking except where there is a specific permission of a local authority, or vice versa. I think we would all agree that motorists would also benefit from a consistent rule in this space. That option would need a significant implementation period. Furthermore, it would require primary legislation, as the hon. Gentleman noted. Local authorities would need to audit their road networks to decide where pavement parking remained necessary, implement the necessary exemptions, and place traffic signs and bay markings to indicate all the places where pavement parking was to be permitted—or vice-versa, depending on which route we went down.

Consideration also needs to be given to whether it would be disproportionate to ban pavement parking across the whole country. For example, in rural areas the scale of the road network would mean that the costs of implementing a national ban in this way would be higher, while the issues caused by pavement parking are often likely to be lower, especially on verges in some rural communities. This is a complex area and it is only right that we are thorough in taking our time to consider it.

[Liz Twist]

The Minister has explained clearly the difficulties with different schemes. Are the Government intending to come forward with any proposals to help my constituents and others who have the difficulties in coping with pavement parking?

[Mr Holden]

The hon. Lady rightly presses me on this point. There are things I am actively considering in this area, and these are interim steps. Primary legislation is a long-term aim in this area, but there are certainly things we can do in the interim and things I hope to bring forward in the not-too-distant future.

Overall, local authorities are clearly in the best position to decide where pavement parking should or should not be permitted in their local areas, especially outside London, which is an urban conurbation. It is the Department’s role to ensure they have appropriate and effective tools to prohibit pavement parking where desired. I am fully aware that the Department’s response to the consultation is eagerly awaited, as has been made clear by hon. Members today. Although I cannot pre-empt publication of the Department’s consultation response, I am actively working on this, not just on the primary legislation, but on other measures that could be put in place in the interim period. All the options have challenges in respect of efficacy and deliverability, and it is our job to weigh up all of that and take the right steps forward. We are working through the options and the possible legislative opportunities for delivering them, and as soon as those matters are certain, we will publish the formal response. Although I cannot say this evening exactly when that will be, and I am sorry to let the hon. Member for Manchester, Gorton and others down on that, I assure them that this matter is receiving our full consideration. It is a priority for us and we are aiming to publish as soon as is practically possible.

Question put and agreed to.