Public Space Protection Order (PSPO) - parking on grass verges, pavements and footpaths
Section 59 of the Anti-social Behaviour, Crime and Policing Act 2014 (the Act) introduced new powers for local authorities to create Public Space Protection Orders (PSPOs) to tackle crime and disorder and create safer communities.
The Council has implemented a PSPO to reduce parking on grass verges, pavements and footpaths.
The PSPO will be in force for three years from 11 April 2021, after which time it will be reviewed. The PSPO can be extended on an on-going basis for periods of three years.
The Council will take enforcement action where:
- any vehicle, is obstructing the free flow of traffic or pedestrians along a highway without lawful authority
- a vehicle is parked on any grass verge where there are no physical measures installed to prevent the grass verge becoming damaged
- a vehicle crosses a pavement to park within a property boundary where no dropped kerb has been installed by an authorised body
- a vehicle uses a pedestrian crossing point, such as tactile paving or a pram crossing to cross the pavement to park on a driveway
- a vehicle making use of any other type of crossing not designed for the purpose e.g. Zebra, Pelican, Puffin, Toucan or Pegasus crossing, to park on a driveway.
There are some areas of the Borough where pavement parking is allowed, however pedestrians, the disabled, and pushchair users must be able to safely access the pavement and not be forced to walk in the road as this would be considered a breach of the PSPO.
Enforcement of the PSPO
Each incident of a breach of the PSPO will be dealt with on the individual circumstances of the case.
Where a breach of the PSPO has occurred, the following action may be taken:
Stage one
In the first instance, a warning letter will be issued outlining the details of how, when and where the breach occurred. It will also state what the next steps will be in the event that the offence occurs again.
If the breach involved crossing the pavement to gain access to a residential property, the householder will be invited to apply for a dropped kerb.
A follow-up visit may take place.
Stage two
If the action specified in the warning letter is repeated, a Fixed Penalty Notice (FPN) for breach of a PSPO will be issued. The FPN for this offence is set at £100. It should be noted that legislation does not permit the Council to allow the payment of a lower fee if the FPN is paid early.
For persistent breaches, a fine may be imposed, which cannot exceed level three on the standard scale (currently £1,000).
A record of all warning letters and FPNs issued will be kept by the Council for a period of six years.
Powers to enforce the PSPO
The PSPO can be enforced by any officer of the Council authorised to do so. Enforcement will only take place where there are sufficient grounds for such action (as determined by the Council’s Community Safety Manager).
Police Officers and Police Community Support Officers (PCSOs) will also have powers to enforce.