The Department for Transport (DfT) has announced that it will bring in new laws ‘at the next opportunity' to allow local transport authorities to introduce pavement parking bans.

The plan is to create a regulatory framework that is ‘national in scope and local in implementation', handing new powers to strategic authorities to tackle pavement parking, except in London, where it is already prohibited. In non-strategic authority areas, the power would go to the highest tier of local government in the area, such as the unitary authorities or county councils.

DfT officials said a permanent, devolved solution on pavement parking requires primary legislation followed by the development of a regulatory framework governing how devolved solutions on pavement parking are to be implemented: ‘We will look to legislate on this at the next available opportunity.'

Before introducing the new legislation, ministers will also introduce secondary legislation enabling local authorities with designated civil enforcement powers to enforce ‘against the most egregious examples of obstructive pavement'.

This civil enforcement power will not require additional traffic signage, the DfT said. It will sit alongside existing traffic regulation orders (TRO) powers, enabling councils to enforce pavement parking restrictions both where TROs are in place and in other areas where obstruction occurs.

The department will set out guidance on the new powers later this year.

Local transport minister, Lilian Greenwood, said: ‘Clear pavements are essential for people to move around safely and independently, whether that's a parent with a pushchair, someone using a wheelchair, or a blind or partially sighted person. That's why we're giving local authorities the power to crack down on problem pavement parking, allowing more people to travel easily and safely and get to where they need to go.'

Currently, local authorities in England outside London can enforce against pavement parking where vehicles are parked in contravention of existing waiting restrictions; a designated prohibition has been implemented through a TRO and prescribed, or authorised, traffic signs and bay markings; or the vehicle parked is a ‘heavy commercial vehicle' with an operating weight of over 7.5 tonnes.

Despite these tools, a 2020 public consultation on the issue found 92% of local authorities, 80% of commercial businesses, 96% of other organisations and 82% of individuals stated that pavement parking was a problem in their area.

The option to introduce a national prohibition on pavement parking, with local exemptions, received the most support from individual (71%) respondents and organisations (54%), while local authority respondents preferred Option 2 (56%), ‘though this was largely due to concerns about costs', the DfT said.

In the end, ministers said they wanted to take into account ‘the need to enable locally appropriate solutions' and so developed the latest proposals.

A step forward?

Guide Dogs' chief executive, Andrew Lennox, said: ‘After years of campaigning, we welcome the announcement. Pavement parking is a barrier that shuts people out of everyday life. When pavements are blocked, people with sight loss lose confidence, independence and the freedom to travel safely.'

However, Erik Matthies, RNIB's Policy Lead for travel and transport, said the proposal ‘falls short of the consistent, nationwide solution that we recommend'. ‘The proposal suggests a system similar to what's currently in place in Scotland, which even two years on is being applied inconsistently across different local authorities. We'll press the Department of Transport to go further and learn from the experiences from Scotland.'

Catherine Woodhead, chief executive, Living Streets said the outcome is ‘disappointing'. ‘It makes it a political choice, but the fact is, pavement parking endangers lives of the most vulnerable, she said.

‘While national prohibition would offer a clear end to pavement parking, now we can only hope the government's guidance strongly advises local leaders to act against pavement parking, and we will do our best to ensure this is the case.'