We heard from the hon. Member for Cambridge that some local authorities could prescribe zones, but if there were a ban on all footway parking, the cost associated with relief from that ban on certain streets would fall on local authorities. It is the flip side of the same coin.
I understand that the traffic regulation system is considered by some people to be a barrier to the wider provision of an effective footway parking system, but do not entirely accept that. Despite the cost, local authorities make many traffic regulation orders each year for a variety of traffic management purposes. An average authority makes perhaps 50 permanent orders a year. In practice, local authorities are responsible for both parking policy—deciding where parking may or may not be permitted—and parking enforcement.
In addition to direct footway parking bans delivered through traffic regulation orders, there are the yellow line road markings. Vehicles should not park at all where there are double yellow lines. Upright traffic signs indicate when parking restrictions are in operation when they are placed in conjunction with single yellow lines. Those restrictions apply from the centre of the road all the way to the back line of the highway, including the footway—which could mean the fence line of a field, or a length of residential garden walls.
There are also several ways of preventing footway parking that do not involve regulation, including the use of physical measures such as the erection of guard railings, bollards, high kerbs, cycle racks, seating and planters. Decisions on whether to use such measures must be made by local authorities, on the basis of local circumstances and site layouts. Their use does not require traffic orders or signing, and can therefore be a relatively quick means of restricting vehicle access, as there is no need for a formal order-making process. Of course, we would still encourage local authorities to consult those likely to be affected as a matter of good practice. Such measures also have the advantage of being self-enforcing, thereby cutting down on the resources that are needed to ensure they are complied with.
I recognise, however, that the needs of disabled people must be taken into account, and that careful planning of physical measures is required to ensure that they can get about safely and independently. We must not forget that some people with mobility problems need to park close to their homes, and that that may sometimes require pavement parking. We would not want people with serious mobility problems who had been accustomed to parking outside their homes to be forced to park two or three streets away. Local authorities have the power to ban vehicles from parking on the footway, and the Department for Transport’s guidance to local authorities makes clear that during the appraisal of its parking policies, an authority should consider whether footway parking is problematic in any part of its area. If it is, and if that is not covered by an existing traffic regulation order, the authority should consider amending the existing order or making a new one.
Introducing a national ban on footway parking outside London would change the way in which local authorities decide where and when footway parking would be allowed or prohibited. It would be a change to the current system but would not introduce a new power, as local authorities already have that power; and it would not be without new cost burdens for local authorities. They would have
to remove any existing local prohibitions, taking down signage, and then review every road in their areas to establish where limited footway parking should still be allowed, to avoid congestion, before going through the process of passing resolutions, putting down road markings, and erecting appropriate signage.
If the Government were to propose any such legislation, I would not wish us to do so without undertaking a full and impartial impact analysis, evidence-gathering exercise and consultation, in order fully to understand the legal implications and the costs that might be imposed on local government of changing the existing system when powers to ban footway parking already exist.
As I explained at the outset, we share my hon. Friend’s concern for the safety and free movement of pedestrians. Improving access for disabled people is a key priority for my Department. Although the Government cannot support the Bill, I know that the Under-Secretary of State for Transport, my hon. Friend the Member for Harrogate and Knaresborough (Andrew Jones), has agreed to convene a round table next year to discuss footway parking issues, and has also agreed that the Department should undertake some work to examine more closely the legal and financial implications of an alternative regime, and the likely impacts on local authorities. I cannot commit myself to any further action without a firm evidence base and the collective agreement of my ministerial colleagues, including those in the Department for Communities and Local Government. Nevertheless, I hope that, on the basis of what I have said, my hon. Friend will feel able to withdraw his Bill.
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