The government has now responded to the 2020 consultation and this can be read via this link: https://www.gov.uk/government/consultations/managing-pavement-parking
Essentially this is what the all-party Local Government Authority has called for and I am grateful the government has proceeded with its recommendations.
I wrote about the original consultation in 2020 and this can be found here: https://cllrkenhawkins.co.uk/2020/02/29/pavement-parking-a-solution-on-its-way/
In setting out its response it highlights that:
‘Pavement parking is an issue that resonates deeply with communities across our country. From bustling city centres to quiet residential streets, the impact is felt by many, particularly people living with sight-loss, mobility or sensory disabilities, older adults, parents with young children and anyone who relies on safe, accessible pavements to move around independently.’
To help readers understand. The original consultation set out 3 options:
Option 1: Improve the existing traffic regulation order (TRO) process.
Option 2: Enable local authorities to enforce against ‘unnecessary obstruction’ of the pavement.
Option 3: Introduce a national prohibition on pavement parking, with local exemptions.
It was found that Option 3 received the most support from individual and organisational respondents to the consultation (71% and 54%), while local authority respondents preferred Option 2 (56%), though this was largely due to concerns about costs. Only 5% of respondents proposed alternative approaches, most of which were variations or combinations of the 3 options.
Option 3 was identified to provide a national standard, aiding compliance and enforcement. However, it would require primary legislation.
It is acknowledged that the TRO process (Option 1) not a practical tool for widespread enforcement due to cost. We have followed this route in Solihull while waiting for the government to provide more clarity. Each TRO does incur a cost that comes from the main Highways budget. Hopefully the necessary legislation comes soon so we can meet the needs of residents.
The Ministerial Statement reads:
The government is taking forward a new, devolved approach to pavement parking, reflecting our commitment to decisions being made closer to the communities they affect. Local leaders know their communities best, so they are in the strongest position to meet local needs effectively. Our overarching objective to make pavements accessible and safe remains unchanged, but rather than introducing a ‘one size fits all’ national prohibition, which was one of the consultation options, we will instead enable local transport authorities to prohibit pavement parking across their areas at the next legislative opportunity.
in the meantime, secondary legislation will be introduced in 2026 to enable local authorities to enforce against unnecessary obstruction of the pavement. This provides a practical and proportionate interim solution, allowing councils to act where pavement parking is observed by uniformed civil enforcement officers. This power will sit alongside existing traffic regulation order making powers, enabling councils to enforce pavement parking restrictions both where TROs are in place and in other areas where obstruction occurs. The department will issue statutory guidance to support local authorities in using this power.
Ken Hawkins 