Decision details

Councillor Bob Wright moved and Junab Ali seconded:

“There is no area in Swindon which does not have damaged Kerbs or Verges caused by either vehicles mounting the kerb or parking on a verge. Persistent parking on grass verges not only reduces the verges to an unsightly state it can also obstruct the highway, prevent pedestrians and wheelchair users from accessing roads/footways (if there is no other pathway). Drivers parking on a grass verge can prevent grass cutting from taking place both underneath the vehicle and around it. Verge parking can also be a hazard to other motorists especially if the vehicle is parked on a bend, narrow road or junction.  

In 2010 the Leader of the Council responded to a resident’s question on damaged verges by stating he would apply recommended solutions across all affected areas. Good intentions however the reality is things have got worse. In 2010 it was not envisaged how the impact of e-commerce and home deliveries would affect our infrastructure and amenity. No doubt home deliveries have some benefits however it is based on an infrastructure not designed for this type of commercial activity.

In common law, drivers have the right to pass and re-pass along the road. There is no legal right to park on a road, verge or footway.

Where no parking controls (such as yellow line waiting restrictions) are present on the road next to the verge, parking on a grass verge is not illegal. However, a driver may be open to prosecution if their vehicle is persistently damaging a verge, parked dangerously or causing an obstruction.

Waiting restrictions apply to the entire width of the public highway from the centre of the road to the boundary on the same side of the road. Therefore, parking on a verge adjacent to a carriageway where a waiting restriction applies could result in a driver being issued parking ticket even though their vehicle is not encroaching onto any waiting restriction road markings.

Goods vehicles weighing 7.5 tonnes or over are prohibited from parking on grass verges, and Civil Enforcement Officers can issue Penalty Charge Notices (PCNs) to offending vehicles.

We could let a worsening situation continue by using our resident taxes to pay for the repairs or we can recover the repair costs to improve our kerbs and verges.

This Motion requests:

That this council investigates what powers are available to recover the costs for the damage done to kerbs and verges

That a report is produced for Council to consider:

·         How to apply considered enforcement to prevent kerb mounting and verge parking.

·         Ways of recovering costs of repair.

·         Prevent vehicles and items being placed on grass vergers.

·         Substituting grass for alternative hard-standing or re-seed

·         Increase signage to alert potential offending drivers.

·         Use verges for environmental improvement once protected.

Notes that:

·         This Council continues to receive complaints from local residents about inappropriate parking on verges and pavements, and is frustrated at the continued inability to enforce because of the law. 

·         Illegally parked vehicles cost thousands of pounds a year in damaged paving, grass verges and cause serious problems for residents living with a disability.

·         The LGA has taken up the mantle of lobbying Government for a ban on pavement and grass verge parking to give extra flexibility to all councils to introduce bans in the same way as those already that have been in place in all London authorities for 40 years.

Requests that:

·         Communities and Place Overview and Scrutiny Committee presents a report to Cabinet on how a byelaw can be introduced that could tackle this problem. The Overview and Scrutiny Committee is asked to present a costed proposal as soon as practicably possible, and consult with local communities to identify specific areas of concern to provide a consistent targeted approach. The report should include:

o   How to apply considered enforcement to prevent kerb mounting and verge parking.

o   Ways of recovering costs of repair.

o   Prevent vehicles and items being placed on grass verges.

o   Substituting grass for alternative hard-standing or re-seed.

o   Increase signage to alert potential offending drivers.

o   Use of verges for environmental improvement once protected.

·         The Leader of the Council writes to the Police and Crime Commissioner asking for an action plan on how his officers will deal with this blight on residential areas.”

            Councillor Matthew Courtliff moved and Councillor Bob Wright seconded that the Motion be amended to read:

“Council notes that:

·         This Council continues to receive complaints from local residents about inappropriate parking on verges and pavements, and is frustrated at the continued inability to enforce because of the law. 

·         Illegally parked vehicles cost thousands of pounds a year in damaged paving, grass verges and cause serious problems for residents living with a disability.

·         The LGA has taken up the mantle of lobbying Government for a ban on pavement and grass verge parking to give extra flexibility to all councils to introduce bans in the same way as those already that have been in place in all London authorities for 40 years.

Requests that:

·         Communities and Place Overview and Scrutiny Committee presents a report to Cabinet on how a byelaw can be introduced that could tackle this problem. The Overview and Scrutiny Committee is asked to present a costed proposal as soon as practicably possible, and consult with local communities to identify specific areas of concern to provide a consistent targeted approach. The report should include:

o   How to apply considered enforcement to prevent kerb mounting and verge parking.

o   Ways of recovering costs of repair.

o   Prevent vehicles and items being placed on grass verges.

o   Substituting grass for alternative hard-standing or re-seed.

o   Increase signage to alert potential offending drivers.

o   Use of verges for environmental improvement once protected.

·         The Leader of the Council writes to the Police and Crime Commissioner asking for an action plan on how his officers will deal with this blight on residential areas.”

      The amendment was put to the voted and declared carried becoming the Substantive Motion.

      The Substantive Motion was put to the vote and declared carried.