Petition Resident Beach Parking Permits

AGENDA ITEM 7

BOROUGH OF POOLE

TRANSPORTATION ADVISORY GROUP – 25 NOVEMBER 2010

REPORT OF HEAD OF TRANSPORTATION SERVICES

PETITION – RESIDENT BEACH PARKING PERMITS

PART OF THE PUBLISHED FORWARD PLAN NO

STATUS (Service Delivery Information)

PURPOSE OF REPORT AND POLICY CONTEXT

1.1To consider a petition requesting a review of the use of Residents’ Beach Parking Permits by Campervans and Commercial vehicles.

DECISION(S) REQUIRED

It is recommended that the Portfolio Holder approve:

2.1That the existing Beach Season ticket arrangements are retained for all types of motorcaravan.

2.2An additional condition is applied in thatPoole Residents Beach Season tickets rate should not be available if the Council considers that the vehicle is being used for commercial activities (including advertisement) associated with the parking area.

BACKGROUND

3.1A petition, signed by 27 local residents, has been presented to the Council by Cllr Mrs Haines. The text of the petition reads:

“PARKING OF CAMPERVANS AND COMMERCIAL VEHICLES

ON SHORE ROAD USING RESIDENTS BEACH PARKING PERMITS.

There has been a persistent problem of campervans, motorhomes and commercial vehicles parking along Shore Road with a residents parking permit and residents in the area have noted the following:

Campervans and motor homes park up all day and night using it as a facility

similar to a

beach hut.

Some of these have been seen in Brudenell Road and Brudenell Avenue overnight and used for sleeping in.

Vans from water sports companies who can clearly be seen running a commercial business from the van, are parked using a residents beach parking permit.

The concern is that these vehicles are using what is perceived to be a loophole in the residents beach parking permit scheme to gain significant financial advantage such as a 'mobile beach hut' or running a commercial enterprise. Therefore it is felt that these vehicles should not qualify for residents parking permits and they should also be limited to a certain number of hours.

It is obvious now that P.B.Council needs to review and revise the residents

parking permit conditions of use before this loophole allows even more trading from vans on the roadside and the overnight parking of campervans/motor homes.”

3.2This Group considered the issue of motorcaravan parking on 30 Nov 2006 and again on 11 October 2007, where it was reported that:

a)there is no regulation preventing members of the public from sleeping, cooking or washing in a vehicle on the public highway except the general Highways Act 1980 prohibition against obstruction – which would not be appropriate in respect of an area that is set aside for on-street parking, and

b)Councils can only impose and enforce traffic or parking related regulations on the public highway (ie for parking in the wrong place or for overstaying a time limit), not for activities in the vehicle. Parking enforcement is carried out under Decriminalised Powers, granted by the Government, with a right of appeal to an independent Adjudicator. The Council can only enforce a parking contravention under its decriminalised powers and could not issue a Penalty Charge Notice ( PCN ) to a driver who was sleeping in the vehicle, even if a Traffic Order was made with this provision

3.3Parking for the Sandbanks area is provided both in the Council car parks and on street. There are some larger spaces specifically to accommodate motorcaravans in Sandbanks car park, but many motorcaravan drivers prefer to park in the on-street parking bays as the parking area is not divided into individual bays. Given the amenity attraction which this area offers, it would not be appropriate to ban campervans from the parking areas as this would merely force them into the surrounding roads.

3.4There are some kite/windsurfing operators using vehicles on Banks Road and Shore Road. In a similar way to the camping and sleeping provisions, Councils do not have powers to issue PCN as this is not a contravention of Parking restrictions. Environmental and Consumer Protection Services administer street traders licences and have confirmed that operators do not need a licence for this type of operation.

3.5The parking bays in Shore Road and Banks Road are provided to compliment the leisure activities in this part of the Borough and Leisure Services and Tourism Services suggest that these operators are in keeping with the amenities of the area. Inevitably this part of the harbour attracts large numbers of watersports participants and indeed the Harbour Commissioners specifically designate this part of the Harbour as a board surfing area in their publicity.

4. Residents Beach Parking Permits

4.1The Council sells season tickets for the beach car parks at a current cost of £65 for a Poole resident and £185 for a non Poole resident. Both permits offer very good value against the current £16.50 charge for a 24hr stay during the peak period. The season tickets look identical and the only way of knowing whether a driver has paid the Poole resident or non Poole resident rate is by checking the application and receipt. Of the three operators who regularly park in Shore Road/Banks Road, only one has a Poole resident ticket.

4.2The season tickets avoid the need for drivers to pay at the machines and to predict how long they will want to stay. The lack of a time-stamped ticket in the windscreen means that Civil Enforcement Officers (CEOs) cannot readily check how long a vehicle has been parked in the area, and in fact, if the vehicle is legally parked it would be hard to justify issuing a penalty notice for long term stays.

4.3Nevertheless, the resident season tickets are so attractively priced it is arguable whether the concession should be available for large vehicles or for vehicles that park for long periods in the prime location to enable a commercial activity to take place.

4.4While parking enforcement can only be carried out in accordance with national regulations and codes of practice, season tickets are a “transaction” between two parties and the Council need only to apply its conditions consistently. A large number of season tickets are issued for the beach area and to avoid unnecessary delays in the ticket issuing process, it is important that there are readily understandable eligibility criteria. It would not be appropriate (or even practicable) to limit resident season tickets to cars only. Registration classes and documents have changed over recent years and motorcaravans and vans are not always readily identifiable at the application stage. The recent streamlining of applications means that existing holders of season tickets no longer have to provide registration documents when they renew.

4.5While it would not be appropriate to exclude motorcaravans or vans from eligibility for resident beach season tickets, it would be appropriate to attach a condition of sale that the ticket will be invalidated if the council believes that the vehicle is being used for any commercial purpose (including advertising) when in place in the parking bay. While it would be difficult to withdraw a season ticket during the year that it has been issued, a warning could be given that it will not be renewed for the following year if such an infringement has taken place.

4.6It is proposed that the most appropriate condition to apply here is that any vehicles being used for commercial purposes would not be eligible for the preferential Poole resident rate (£65pa) but would have to pay the non Poole resident season ticket rate (£185pa) instead.

FINANCIAL IMPLICATIONS

5.1The beach parking areas are patrolled very regularly throughout the year and it is estimated that only three vehicles are used for commercial purposes in the parking area. Only one of these has a Poole resident Season Ticket - requiring this vehicle to buy non resident season tickets would raise approximately £120 p.a.

5.2There will be administrative costs involved with checking eligibility, issuing warning letters and guidance and ensuring that all operators are dealt with in a consistent way.

LEGAL IMPLICATIONS

5.1There is a chance that some operators would challenge the withdrawal of the season ticket.

6.RISK MANAGEMENT IMPLICATIONS

6.1None.

7.EQUALITIES IMPLICATIONS

7.1None.

8.CONCLUSIONS

8.1While there may be concerns that motorcaravans and commercial operators are abusing the parking bays in the beach area, enforcement patrols indicate that the parking charges are generally paid, either through the machines or by means of a season ticket.

8.2The amenities in this area inevitably attract motorcaravans. Excluding motorcaravans from the parking bays, would inevitably displace them into the surrounding residential roads, where there is no charge at all, and no restriction on them. It is not practicable to deny motorcaravan owners eligibility for Poole resident beach season ticket.

8.3The commercial operators offer leisure opportunities for visitors and it is not appropriate to exclude them from this area. However it is suggested that they should not benefit from the preferential Poole resident rate for season tickets.

Report Author and Contact Officer – Steve Dean (01202) 262071

Background Papers: None

TAG251110T3F

29October 2010