Contact: Mandy Ware, tel 01962 857822 email: [email protected]

1. Summary

1.1 The following decision is sought:

That approval be given to the establishment of Special and Permitted Parking Areas in the Havant Borough Council area under the 1991 Road Traffic Act and an appropriate Agreement with Havant Borough Council for the management of on-street enforcement.

2. Reason

2.1 This decision supports Aim 2 of the Corporate Strategy, Stewardship of the environment, and Aim 4, Building strong and safe communities, by providing targeted, consistent and regular enforcement of parking regulations and encouraging respect for such regulation within the local environment.

2.2 The reason this decision is sought is to enable Decriminalised Parking Enforcement (DPE) to be introduced in Havant and, under a separate agency arrangement, to authorise the Borough Council to manage both the on-street and off-street parking enforcement.

3. Other Options Considered and Rejected

3.1 No other suitable option available.

4. Conflicts of Interest Declared by the Decision Maker or Other Executive Member consulted - None.

5. Dispensation granted by the Standards Committee - Not applicable.

6. Reason(s) for the Matter being dealt with if Urgent - Not applicable.

Approved by: Date:

Councillor K B Estlin

7. Introduction

7.1 The 1991 Road Traffic Act enables the Highway Authority to apply for approval of Special Parking Areas (SPAs) and Permitted Parking Areas (PPAs). In PPAs, contraventions of Orders designating permitted on-street parking places (eg meter bays and residents' and disabled persons' bays) will no longer be criminal offences and will become subject to the new enforcement arrangements. In SPAs the same arrangements apply to all other non-endorsable parking offences (eg contraventions of Road Traffic Regulation Orders prohibiting or restricting parking). In most cases the boundaries of SPAs and PPAs will be the same.

7.2 In Special and Permitted Parking Areas:

(i) the local authority can issue and charge for permits;

(ii) the local authority can enforce parking restrictions, including yellow line restrictions;

(iii) the local authority receives the income from penalties;

(iv) the parking service should be self-financing; and

(v) parking enforcement is managed and prioritised by the local authority.

7.3 The legislation decriminalises parking offences, and all income from charges and penalty charges is accrued by the local authority to offset enforcement costs. Any surplus can be used to enhance the parking service. Under previous legislation, income from enforcement of yellow line offences goes to the Exchequer and is not available for the Police to support the enforcement service.

8. Joint Working with District Councils

8.1 Several of the District and Borough Councils in Hampshire expressed interest in participating with the County Council to take up these powers and carry out enforcement of on-street restrictions in their areas. Arrangements were agreed with Winchester City Council, linked to the Winchester Movement and Access Plan proposals, to create an SPA/PPA to enforce all parking restrictions within the Winchester District area. These arrangements came into effect in 1996 and have proved successful in practice.

8.2 The Chief Constable supported the introduction of the new powers in the Winchester area and, following the experience gained there since 1996, has no objection in principle to the extension of these arrangements to other districts in the county.

8.3 Since the introduction of DPE in the Winchester District, recommendations have been approved for the establishment of SPAs/PPAs in Hart District, Rushmoor Borough, Basingstoke and Deane Borough and, most recently, Test Valley Borough. DPE is now successfully operating in all these areas.

8.4 Havant Borough Council is now keen to proceed with the adoption of these powers under agreement with the County Council. A sum of £100,000 has been estimated to meet the capital set-up costs for the implementation of DPE in the Borough of Havant.

8.5 One of the main benefits of this proposal is that it should ensure that enforcement of on-street and off-street parking is carried out in the same way, to the same standards, by the same authority. The Department for Transport guidelines to local authorities therefore acknowledge that it will normally be sensible for enforcement to be carried out by District Councils. However, since the traffic authority is the County Council, there needs to be formal agreement between the County and District Councils as to how the enforcement will be implemented. In Winchester, Hart, Rushmoor, Basingstoke and Deane and Test Valley separate agency arrangements were established to manage on-street parking enforcement, in addition to existing agency arrangements. This included appropriate financial provisions, establishing the aim of a self-financing operation with no revenue contribution by the County Council. Any surplus may be used for the improvement of local transport infrastructure with the approval of the County Council. It is proposed that similar arrangements be adopted in Havant.

9. The Next Steps

9.1 The extension of decriminalised parking enforcement to Havant will involve a great deal of preliminary work by both County and Borough Council officers in assessing costs, income, staff requirements, administrative arrangements, training, etc, and preparing the necessary Agency agreement and application to the Department for Transport. These elements must all be in place by the time the new arrangements come into effect.

10. Conclusion

10.1 Following the successful operation of the enforcement arrangements in Winchester, Hart, Rushmoor, Basingstoke and Deane and Test Valley, it is considered appropriate to continue preparations towards an application to the Secretary of State for an SPA and PPA in Havant as part of the County Council's programme. A high standard of enforcement of parking controls can make a valuable contribution to achieving the objectives of the transport strategy.

8660/MCW