Pavement Parking Prohibitions - Service Procedure & Exemptions
Argyll and Bute Council · 11 September 2025
Back to Environment, Development and Infrastructure Committee — 11 September 2025 and its agenda
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ARGYLL AND BUTE COUNCIL ENVIRONMENT, DEVELOPMENT & INFRASTRUCTURE COMMITTEE ROADS & INFRASTRUCTURE SERVICES 11 SEPTEMBER 2025 PAVEMENT PARKING PROHIBITIONS – SERVICE PROCEDURE & EXEMPTIONS 1.0 EXECUTIVE SUMMARY 1.1 This report provides Members with an overview of the Pavement Parking Prohibition, primarily focussed on footway parking. 1.2 A service procedure has been produced which provides detail on the processes to be followed at each stage; this is attached under Appendix 1. 1.3 An application form has also been drafted to allow members of the public to apply for an exemption. 1.4 The report highlights some of the potential risks should an exemption be approved. 1.5 The report also proposes the committee reporting and approval process for Exemption Orders as per the Council’s Constitution. RECOMMENDATIONS: The Environment, Development and Infrastructure Committee are asked to:- i. Approve the Service Procedure document attached under Appendix 1, subject to any amendments the Committee wish to make. ii. Approve the application form which requests an assessment, attached under Appendix 2 and subject to style changes required for the website. iii. Note that prior to the making of any Exemption Order, they will be presented to the Environment, Development and Infrastructure Committee for approval or otherwise.
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ARGYLL AND BUTE COUNCIL ENVIRONMENT, DEVELOPMENT & INFRASTRUCTURE COMMITTEE ROADS & INFRASTRUCTURE SERVICES 11 SEPTEMBER 2025 PAVEMENT PARKING PROHIBITIONS – SERVICE PROCEDURE & EXEMPTIONS 2.0 INTRODUCTION 2.1 This report provides Members with an overview of the Pavement Parking Prohibition, primarily focusing on footway parking. A detailed service procedure outlining the processes to be followed at each stage has been developed and is attached as Appendix 1. Additionally, an application form has been drafted to enable members of the public to apply for exemptions. The report also highlights some potential risks associated with approving exemptions and notes the committee reporting and approval process for exemption orders in accordance with the Council’s Constitution. 3.0 RECOMMENDATIONS 3.1 The Environment, Development and Infrastructure Committee are asked to:- i. Approve the document attached under Appendix 1, subject to any amendments the Committee wish to make. ii. Approve the application form which requests an assessment, attached under Appendix 2 and subject to style changes required for the website. iii. Note that prior to the making of any Exemption Order, they will be presented to the Environment, Development and Infrastructure Committee for approval or otherwise. 4.0 DETAIL 4.1 The pavement parking prohibitions were introduced by the Scottish Government via the Transport (Scotland) Act 2019 (“the Act”). The principal aim of this Act is to improve accessibility, with a particular emphasis on vulnerable road users, by affording walkers and wheelers the ability to use footways and dropped kerbs without being impeded by parked vehicles. 4.2 The Act relies on several associated regulations and guidance documents, which are vital to the interpretation and enforcement of the prohibitions, listed
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below. Section 68 of the Act states that local authorities must have regard to any written guidance given by Scottish Ministers. The key documents for the pavement parking prohibitions are: i. The Pavement Parking Prohibition (Exemption Orders Procedure) (Scotland) Regulations 2022 (“2022 Regulations”) ii. Transport Scotland “Pavement, Double & Dropped Kerb Parking Standards Guidance – Pre-Enforcement Chapters” iii. The Transport (Scotland) Act 2019 (Pavement Parking Prohibition) (Footway and Associated Carriageway Characteristics) Directions 2022 (“Ministerial Directions”) iv. The Parking Prohibitions (Enforcement and Accounts) (Scotland) Regulations 2023 (“2023 Regulations”) v. Transport Scotland “Pavement, Double & Dropped Kerb Parking Standards Guidance – Enforcement Chapters” vi. The Transport (Scotland) Act 2019 (Pavement Parking Prohibition) (Footway and Associated Carriageway Characteristics) Directions 2022 4.3 This a relatively large number of documents which would be unworkable for use on a day-to-day basis. To make this easier to digest and use, officers have drafted the “Service Procedure for Pavement, Double & Dropped Kerb Parking” as a one stop shop, however; the definitive source remains the list above should any dispute arise. It is also intended that this document is uploaded to the Council’s website to allow members of the public access to the process in as simple a way as possible and to allow clarity on officers decision making. To this end, the Service procedure is written in an easily read format, but it does lean into more technical language in numerous places to retain the meaning of the legislation and guidance documents. The document is appended under Appendix 1. 4.4 The document is split into seven sections (excluding appendices) with each section covering a specific topic. The four sections which address the most likely common issues by our communities are: i. Section 3 - Assessment Process a. Provides an overview of what is considered when assessing an exemption request. Appendix 3 within the document includes the assessment form to be used by Traffic & Development Officers. ii. Section 4 - Exemption Order Process a. Details the legal process to be followed when proposing an exemption. iii. Section 6 – Enforcement a. Covers each of the new contravention codes and ‘drive-aways’ iv. Section 7 – Processing of PCNs & Enforcement Notices. a. The processing and appeals process. 4.5 It should be noted that Part 6 of the Act also covers double parking and parking at dropped kerbs (“crossing points”). The enforcement of all three elements is expected to lead to safer streets for walkers and wheelers but, at least in the
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short term, pavement parking is likely to continue to be an issue of significant public interest.. 4.6 Before looking at pavement parking exemptions, it is important to set out some of the background essential to any consideration. Firstly, the Act also relies on other pieces of legislation regarding previously established definitions. The prime example of this is the definition of what a footway or footpath (both are the legal terms for “pavement”) which is provided within the Roads (Scotland) Act 1984, s151(2)(a). The definitions are provided below for ease of reference: • Where the right of passage “is by foot only, the road is: i. where it is associated with a carriageway, a “footway”; and ii. where it is not so associated, a “footpath”,” 4.7 The Ministerial Directions, paragraph 3, state that: “3. (1) A footway may not be specified in an exemption order unless: a. its layout or character would allow for a width of 1.5 metres of the footway to remain unobstructed when any part of a vehicle is parked on it, or b. the layout or character of the carriageway associated with the footway is such that the passage of an emergency vehicle would be impeded by the presence of a vehicle parked on the carriageway. (2) The width of 1.5 metres mentioned in paragraph 1(a) is to be measured from the footway edge which is furthest away from the centre of the carriageway (however that edge is bounded).” 4.8 The Transport Scotland guidance (ref. paragraph 4.2(ii)) interprets the Ministerial Direction as follows: “Point 1(a) allows a local authority to consider an exemption order for an area of footway where there is deemed to be sufficient space to maintain non-vehicular traffic flow whilst still allowing space for vehicles to park safely on the footway. The above directions state that a minimum of 1.5 metres of footway must be left unobstructed. Point 1(b) would allow a local authority to exempt an area of footway from the prohibition to allow the safe passage of emergency vehicles on a carriageway. For example, this could be in relation to historic/narrow streets where there are existing footways of insufficient width and access for emergency services needs to be considered.” It is worth noting that most residential developments constructed between 1950- 1987 will likely have sub-standard carriageway widths. The emergency service access exemption could probably be used in most circumstances, but this will undoubtably undermine the aims of the Act and could put pedestrians at risk. Officers position is that this will likely be the most contentious area of the legislation for Argyll and Bute Council communities, therefore it will need careful consideration but once used in one setting it may be difficult to refuse an exemption in another.
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4.9 Prior to the implementation of any Exemption Order, the Local Authority must undertake an appropriate Equality Impact Assessment to ensure the proposals do not inadvertently discriminate against any protected groups (as defined within the Equality Act 2010). This will result in an increase workload for officers which may well require an increase to staffing levels. Officers will monitor this and feed back through the Executive Director DIS should there be any requirement for extra staffing. 4.10 Pavement parking exemption orders are permitted within the Act; however, they are noted as being the measure of last resort. The document contained within Appendix 1 provides further detail on the process itself, including an assessment form to be used by the officers considering a request. In addition to this, a sample request form has been provided within Appendix 2 for use by members of the public. Subject to agreement by Members, it is intended both documents will be added to the website for ease of access by the public and to assist in clarifying officers recommendations. The form may require to be redesigned to suit the requirements of use over the internet , to ensure the form meets accessibility standards, but no substance will change (again, subject to any changes agreed by the Committee). 4.11 While the process will be completed by officers, the making, amendment and revocation of exemption orders under the Act is reserved to the Environment, Development and Infrastructure Committee within the Council’s Constitution; Part C - Scheme Of Administration And Delegations, (D) Executive Director Of Development & Infrastructure Services, Paragraph 61, extracted below: “To carry out any function conferred on the Council by or under the Transport (Scotland) Act 2019 (Part 6, Parking Prohibitions) save for the making, amendment and revocation of exemption orders under s.51 and s.52 of the said Act which shall be a function reserved to the Environment, Development and Infrastructure Committee.” 4.12 Members may also wish to note that unless a footway is exempted it remains against the law to drive onto a footway and, under the Road Traffic Act 1988 s34(1), an offence to drive onto a footway (the latter being the responsibility of Police Scotland as the enforcing agency). 4.13 Finally, officers are obligated to highlight the potential road safety and other liabilities which could occur where exemptions are promoted. The following provides an overview, but is not exhaustive, for Members to consider: i. How footway parking (in part or full width of footway) may impact visually impaired or the blind, wheelchair users, pedestrians and children. For example, if a footway is exempted over a 100m section, those in wheelchairs unfamiliar with the route may have to backtrack to find a dropped kerb and then do the same once past the footway parking section. This won’t just be in daylight during the summer months but also in the dark, potentially unlit and untreated roads during winter. This may well then cause wheelchair users, visually impaired and others to remain on a live
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carriageway for longer than required thereby placing them at potentially higher risk of being struck by a moving vehicle. This is at odds with the legislation for pavement parking. ii. The impact of footways being inaccessible to wheelchair users or visually impaired can result in such groups becoming isolated as they become more anxious or even unwilling to leave their homes. This is also at odds with the legislation for pavement parking. iii. If a vulnerable road user (see above) is injured whilst using the carriageway to bypass footway parking, this may well impose a liability on the Council which may also affect our public reputation (advice will be sought from legal colleagues). iv. If a footway is exempted, it must be signed in accordance with the Regulations. Once signage is in place, the Council will be effectively encouraging footway parking. Bearing in mind that in most cases the footways will have full height kerbs, there could be a liability implication placed on the Council (further advice will be sought from Legal Colleagues). v. A footway part-exempted may have pedestrians passing as a vehicle mounts the footway. This is likely to cause distress to the pedestrian (including potentially children) but could also pose a road safety risk. vi. In almost all cases, footways are constructed to a reduced depth (typically 350-450mm for carriageways and 210mm for footways). Vehicle loadings will (and already have) caused damage to the footways, including deformation of the ride quality, potholing, wear and tear and impacting the structural stability of the footway. vii. Roads are consulted as part of the planning process. One of the more common comments / responses submitted by roads is the provision of off-street parking for developments or conversions. On appeal, these are sometimes removed from planning permissions by PPSL, which is entirely within the agreed processes and is the right of the Committee to do so, however, it does add pressure to available on-street parking space availability and could further impact the requests for exemptions. 4.14 It may be of interest to Members that a review of complaints, enquires and Member queries has highlighted that there has been very limited correspondence relating to this matter. Officers note that this may not necessarily reflect wider public opinion,. In total, there were 26 submissions, of which 11 could be interpreted as being “against” pavement parking ban (it is more nuanced than this, of course). The 15 “for” the pavement parking ban is a mix of highlighting road safety risks of vehicles parking of footways and looking for enforcement of same. 4.15 Members may wish to note that Edinburgh City Council appear to have taken the stance that no exemptions will be considered or approved. Although almost entirely an urban setting, they do have a substantial number of
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“historical” streets which are narrow and where pavement parking has been the norm. The following links provide detail on this: • New parking rules – The City of Edinburgh Council • New parking rules – The City of Edinburgh Council 5.0 CONCLUSION 5.1 The Environment, Development and Infrastructure Committee are requested to approve the Service Procedure document attached as Appendix 1, subject to any amendments they may wish to propose. Additionally, approval is sought for the application form requesting an assessment, as set out in Appendix 2, with the understanding that any necessary stylistic modifications required for the website will be made. It is further noted that, prior to the issuance of any Exemption Order, such orders will be submitted to the Environment, Development and Infrastructure Committee for consideration. 6.0 IMPLICATIONS 6.1 Policy – New Service procedure for the application of Part 6 of the Transport (Scotland) Act 2019. 6.2 Financial – None known at this time other than staff and committee time for the assessment and consideration of exemption orders. There may however be a financial burden on the council for signage as well as damage to any exempted footways/footpaths kerbs where vehicles are either damaged or damage the kerbs themselves. 6.3 Legal – Changes to the constitution have already been made to include the Transport (Scotland) Act 2019 under Part C - Scheme Of Administration and Delegations, (D) Executive Director Of Development & Infrastructure Services, Paragraph 6.1. 6.4 HR – Depending on the increased workload this may require additional staffing to support the small team carrying out the back office work. 6.5 Customer service – Will required to be updated on Service Procedure and Assessment request form once uploaded to the website. 6.6 Risk – Potential reputational, legal and financial should an exemption order lead to injury or fatality due to pedestrian being forced to walk on live carriageway. 6.7 Climate change – None known. 6.8 Fairer Scotland Duty – Public bodies are required to carry out assessments to understand how their decisions might affect people experiencing socio- economic disadvantage. Any exemptions will require to carry out an
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assessment which may well identify that members of our community who suffer financial disadvantage or are in poverty cannot afford a vehicle and thereby walk or cycle and any exemptions may well impact their right to walking safely on our footpaths and footways. 6.9 Equalities: protected characteristics – Equality Impact Assessments are required prior to the making of any exemption order. These must be made for each case, a coverall assessment is not permitted. 6.10 Consumer duty – None known. 6.11 Island communities – None. 6.12 Children’s Rights and Wellbeing – removing vehicles from footways provides a safe refuge for children, one of the most vulnerable road user groups. Executive Director with responsibility for Roads and Infrastructure Services: Kirsty Flanagan Policy Lead for Roads, Transport and Amenity Services: Councillor John Armour July 2025 For further information contact: Stuart Watson, Assistant Network & Standards Manager stuart.watson@argyll-bute.gov.uk Hugh O’Neill – Network & Standard Manager hugh.oneill@argyll-bute.gov.uk APPENDICES Appendix 1 – Service Procedure for Pavement, Double & Dropped Kerb Parking Appendix 2 – Sample Request Form