Residents and businesses to be able to force councils to review parking restrictions

Local residents and firms are to be able to force a local authority to review road restrictions such as yellow lines in their area, under new plans unveiled by Communities Secretary Eric Pickles.

In a discussion paper, the Department for Communities and Local Government said more than 90% of relevant authorities had now taken up the civil parking enforcement powers contained in the Traffic Management Act 2004.

But it said there was “public concern that some local authorities appear not to be using their powers to meet the best interests of road users, communities and businesses in their area”.

It added: “There are concerns about over-zealous parking enforcement and high parking charges driving people out of town centres, pushing up the cost of living and making it harder for people to park responsibly and go about their everyday lives. Inappropriate parking rules and enforcement also harm local shops and impose costs on local firms.”

The DCLG has suggested that the threshold for a review should be a petition signed by a minimum of 50 council tax payers or at least 10% of the residents or businesses in the affected local areas.

The Department said that, should the threshold be reached, local authorities would be required to review their parking policy in a specified location, and produce a report for consideration by councillors in an appropriate public council meeting. “If needed, the government is ready to consider the case for entrenching in legislation,” it added.

The changes would be made through amendments to statutory guidance.

The Department said local authorities should ensure their arrangements include:

  • Publication of a public statement on how they would manage any challenges to their parking policies. “This statement could cover how reviews will be carried out, low long they will take, public consultation requirements, and how the final decision will be taken and communicated following the review. The statement should also cover any circumstances where a petition will not be considered (e.g. vexatious petitioners, within a stated minimum period after a previous review in the same area)”;
  • Publication of the details of all petitions received, “with clear information on what aspects of parking policy are being challenged, the timeline for reviewing the challenged policy and how local residents and businesses can engage in that review”;
  • The report of the review, and any recommendations, being considered and voted on by councillors;
  • The organiser of the petition being kept updated on progress, and notified when the report is due to be considered and the outcome of the challenge;
  • Publication of the outcome of all reviews.

Any petition submitted would have to include the following:

  • A clear description of the geographical area covered by the petition (“which could be a road, a series of roads, a polling district, a ward or indeed, the whole council area”);
  • A clear description of which aspects of parking policy are being challenged, with justification;
  • Names, dates and addresses for all people and/or businesses signing the petition;
  • Contact details for the organiser of the petition, “who shall be the first point of contact for follow up questions, and for notification of progress”.

Eric Pickles said: “Too often yellow lines are imposed on neighbourhoods or the high street without fair consideration of the livelihood of residents, local shops or the availability of parking spaces. Now local people will have a direct and democratic right to trigger a formal council led review of road restrictions in their area.

“Town centres need to allow for proper traffic flow, but incessant yellow lines, CCTV spy cars and trigger happy parking wardens make everyday life unbearable for drivers looking for somewhere to park when shopping locally.”

A copy of the discussion paper can be viewed here.