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Place Operations Parking Strategy

Vision

This strategy underpins council housing’s position regarding the parking of motorised and non-motorised vehicles as expressly stated within tenancy and lease agreements. Former council housing premises sold as freehold, under Right to Buy, using parking provision, as granted within terms of ‘Right of passage’ are also required to abide with terms, as may prove applicable to each case.

In addition to terms and conditions, council housing aim to formalise an approach to supporting the storage of bicycles, mobility scooters, electric vehicles and too underpin the definition of trespass.

Summary

It is the aim of this strategy to clearly set out council housing's framework for motorised and non-motorised vehicle parking on its land.

This strategy enables council housing to formalise its approach to parking provision for council tenants, leaseholders, sub-tenants of leaseholders, shared ownership and private owners within blind tenure developments which are not designed to be car-free.

Terms and conditions are explicit relating to criteria for permitted use of land, for example, road tax, MOT (road worthy), trailers, caravans, and commercial vehicles are not permitted under section 2.17 of the Enfield council housing tenancy agreement (PDF, 337.83 KB). Permission is not granted for vehicles that have been declared as off Road (Statutory Declaration (SORN) to be stored or kept on its land.

Parking of motorised and non-motorised vehicles without contravening terms and conditions is categorised as trespass.

This strategy will include, and outline housing’s approach to trespass.

Contractors working on behalf of the council and council staff conducting council duties have implied permission to park on the proviso they adhere to a parking enforcement regime that may be in place, not cause obstruction nor damage to council housing managed land.

The strategy will underpin housing’s commitment, in conjunction with our highways division, to introduce TMOs as its primary approach to parking management, using statutory powers within the definition of the Road Traffic Regulation Act (RTRA) 1984 that allows for the designation of controlled parking areas and the issuing of penalty charge notices (PCN) for non-compliant parking.

Parking management includes:

Traffic management orders for controlled parking zones

Traffic management, through a permit parking regime, or introduction of parking restrictions in the form of yellow or double yellow lines, is the preferred approach to management of car parks and land that council housing manage.

This is because limited resident parking space is regularly misused by vehicle owners or keepers, whether these are motorised or non-motorised, temporary, or long term, reducing legitimate parking facilities.

Permit parking helps ensure vehicles park in designated parking bays only, improving visibility for pedestrians and road users.

Permit parking also helps to eliminate the storage of unsafe and unroadworthy vehicle, trailers, and caravans so they do not become a source of anti-social behaviour.

Council Housing are required to comply with its statutory duty (under S105 of the Housing Act 1985) and consult residents of estates identified for potential TMOs, (referred to as ‘soft’ consultation).

To progress a proposed TMO, support for each scheme would be sought by council housing before progressing to statutory consultation. Statutory consultation is undertaken through traffic and transportation services - (highway legislation - Road Traffic Regulation Act (RTRA) 1984).

There may be overriding management orientated circumstances requiring a decision to implement a traffic management regime, but this would be conveyed, as and when necessary.

Some estates currently benefit from TMOs following guidance provided by the London Fire Brigade after the Grenfell tragedy. Emergency vehicle access TMOs were introduced between 2018 - 2019.

The introduction of Emergency vehicle access TMOs removed actual and perceived vehicle parking space availability.

Estates and land identified for a CPZ or parking restrictions will require statutory consultation. Highways department of Enfield Council will undertake the required consultation following preparation of civil engineering drawings depicting intended permit zones or restrictions.

It is envisaged that residents are best placed to advise on parking contraventions, to the council’s civil enforcement team.

Permits will be invalid in the instance the criteria are not met during the term of permit allocation.

Car parks and land without traffic management orders

These are categorised as:

Traditional purpose-built parking may or may not have securable mechanisms such as gallows or double gate access. This leaves them exposed to misuse, for example, commuter parking, shoppers and those declaring their vehicle as off-road with the DVLA, resulting in trespass.

Securable mechanisms are frequently vandalised or tied open by persons. This then leaves such car parks exposed to misuse, for example, commuter parking, shoppers and those wanting to declare their vehicle as off-road with the DVLA or simply abandoning a vehicle.

Such misuse is considered trespass.

Trespass: may be dealt with by the landowner, (for the purpose of this strategy means council housing managed land), through the issue of common law notice. The issue of a common law notice, as a Local Authority, will remove offending vehicles to the council’s civil enforcement contractor. In addition, the council will also pursue a Community Protection Notice and Public Space Protection Order (under Part 4 of the Anti-social Behaviour, Crime and Policing Act 2014), as relevant to circumstances.

New housing developments

Planning constraints may have restrictive terms excluding parking of vehicle(s).

New build estates, primarily, will be managed via a managing agent who will commission their own parking enforcement regime through contract law.

The council will progress parking management solutions as required within the development’s planning permission, leading up to the adoption of any land by highways.

Partnership working with developers and the council will enable coordination of an approach to mitigate vehicle obstructions prior to the introduction of a TMO such as gates, planters and bollards, as short-term solutions.

Garage forecourt traffic management orders restrictions

The overarching garage strategy supports regeneration of sites in favour of housing development or transfer to registered social landlords.

Garage sites not suitable for re-provision or transfer, and beyond economic viability to refurbish, may be suitable to re-purpose for parking.

Our strategy is to consolidate and retain existing garage lets and encourage additional lets. This approach is supported through the introduction of TMOs in the form of double yellow lines to forecourt areas, enforceable through civil enforcement officers.

TMOs are proving effective within the borough enabling licensees to access garage(s) rented by them.

It is intended to continue to introduce TMOs at garage sites, on a site-by-site basis.

Waste management and nuisance parking restrictions

Introduction of a CPZ will assist in mitigating estate-based vehicle obstruction issues, but some sites are accessible via the highway rather than estate service road access.

Council housing and traffic and transportation will collaboratively introduce TMOs in the form of double yellow lines enforceable by civil enforcement officers.

The council undertake searches for owner or keeper detail of vehicle(s) causing obstruction and preventing refuse collections, through DVLA.

Breaches of tenancy or lease

The tenancy and lease agreement sets out each resident's obligation to maintain the communal areas and the activities that are prohibited in parking areas of council housing estates.

Where a CPZ is not in operation, and a motorised or non-motorised vehicle is parked or stored, the council will seek to serve a common law notice on said vehicle. This will provide 28 days for the owner or keeper to remove their property.

In the instance a vehicle remains, following the 28 days, arrangements will be made to remove the vehicle.

The Council will also pursue a Community Protection Notice or a Public Space Protection Order (under Part 4 of the Anti-social Behaviour, Crime and Policing Act 2014) where TMOs are not in place, where deemed appropriate.

In all circumstances, costs associated with removal and storage arrangements, may be re-charged to the tenant, leaseholder or vehicle owner.

Persistent action of trespass may result in, or contribute toward, repossession proceedings.

Trespassing vehicles

Trespass is recognised as accessing or using land where permission has not been granted to do so. Trailers, caravans and commercial vehicles are prohibited within terms of tenancy and leases. Owners or keepers of such motorised and non-motorized vehicles are trespassing.

Trespassing vehicles will be issued with a common law notice. This enables the landowner to remove a motorised or non-motorised vehicle after the time expiry - generally, 28 days, and stored for a reasonable period.

Council housing will also use community Protection Notice or Public Space Protection Orders (under Part 4 of the Anti-social Behaviour, Crime and Policing Act 2014) where applicable.

Untaxed or SORN and unroadworthy vehicles

Relevant statutory powers or common law notices will be issued to encourage the vehicle owner or keeper to remove their property, coupled with enquires through to the DVLA to identify the owner or keeper.

Vehicle owners in Enfield have access to a free unwanted vehicle removal service.

Motorcycles

Pavement parking of motorcycles can cause obstruction for those visually impaired, mobility scooter users and those using pushchairs as well as being a hazard, for example, snagging of clothes, hot parts (such as exhaust pipes), oil leaks.

Motorcycles (for example, delivery driver style scooters), are not granted permission to park on pavements on an estate or pedestrian walkways or areas, nor to be brought into communal areas of a block.

Council housing reserve the right to remove hazardous vehicles from its land or building and will do so for the protection of residents using powers available to the authority, such as tort - law, Community Protection Notice (under Part 4 of the Anti-social Behaviour, Crime and Policing Act 2014) or Public Space Protection Order depending on the location of the act of parking.

In all circumstances, costs associated with the removal or storage may be re-charged to the tenant, leaseholder or vehicle owner.

By use of TMOs, motorcycles will be guided to park in designated spaces thereby minimising hazards.

Electric vehicles

Council housing as a landlord service within Enfield Council do not hold a statutory responsibility to provide electric vehicle charging facilities.

Traffic and transportation services of Enfield Council are introducing an infrastructure that is actively implemented. This is being achieved through Transport for London and funding sources associated through General Fund.

Applications from residents for electric vehicle only parking bays with charging facilities are to be placed with the council’s traffic and transportation’s sustainability team - transportation@enfield.gov.uk.

Blue Badge parking bays

Blue Badge parking bays require a designated TMO specifically for the bay to enable civil enforcement officers to issue a penalty charge notice or tow obstructing vehicles.

Council housing residents intending to apply for a Blue Badge parking bay would be directed to apply online using the Council’s website. The applicant must meet the requirements as set out by Traffic and Transportation.

Traffic and transportation will confirm if permission is granted by housing. Permission may only be granted where the introduction of a bay would not impinge access to utility services, manholes, hydrants, dry risers or bin chambers.

Mobility scooters

Mobility scooters remain the responsibility of the owner or user. Mobility scooters are prohibited from being stored or charged within any communal area. This supports the authority’s legal requirement to maintain clear and safe communal areas, in compliance with The Regulatory Reform (Fire Safety) Order 2005.

Enfield Council provide anyone who needs accessibility assistance around shops and other services. For more information, see Shopmobility.

Motorised and non-motorised vehicles at terraced dwellings or houses

Storing (parking), of a motorised or non-motorised vehicle on land is not permissible without express consent. Express consent is not to be unreasonably withheld.

Re-provisioning of garden space to enable vehicle parking or storage is subject to a successful planning application. It is the responsibility of the resident to ensure all aspects pertaining to any re-provisioning as required by Town and Country Planning and the landlord. These terms must be satisfied prior to conversion. Consent would include requirement to re-instate walls, gates, and fences in the instance the tenancy was terminated - in accordance with terms and conditions.

Applications for re-provision and associated works remain the applicant’s responsibility.

Consent, where granted, is subject to motorised and non-motorised vehicle(s) not being used for the purpose of storage and are kept in a roadworthy condition.

Out of borough parking

Terms and conditions are applicable for land owned by Enfield Council. Local restrictions may be in place to manage highway or privately owned land and it is for the resident of out of borough sites to make themselves aware as to restrictions such as CPZs and permit parking areas.

Garages may be available to rent on a weekly licence basis. For details of charges and to make an application, see Garages.

Parking bays

Parking bays are available on many estates, block, or vicinity. These are intended to be resident only parking amenities for council housing residents. Most of the bays available for parking are marked to clearly indicate the direction of car parking.

Permission to park on grounds managed by council housing within the area of the home dwelling, is automatically granted within the tenancy or leasehold agreement but may be withdrawn in the event of continuous misuse or breach of terms, for example:

The agreement allows non-household vehicle owners to park while visiting.

Permission is not granted to enable non-household members to leave, store or repair vehicle(s) on council land. To do so is considered as trespass and breach of tenancy or lease.

Cycles

Council housing, being a department within the London Borough of Enfield, are committed to the Transport Plan 2019 (PDF, 4567.36 KB).

Council housing, through initiatives developed by traffic and transportation division of the council, continue to identify sites suitable for cycle storage hubs.

Council housing will continue to support the roll out, working to identify sites as use of bicycles increase among residents. To request new cycle parking on your estate, block of the vicinity or apply for cycle parking within an existing storage facility, visit Lets Talk Enfield.

Greensward protection

Greensward (grass verges or soft landscaping) are retained by council housing as it strives to continually support sustainability and the ambition to lowering pollution in the borough, in support of the Enfield traffic and transportation travel plan 2019-2049, aligning with the Mayor of London’s strategic requirements. This means that measure necessary to protect greensward will be initiated. Such measures may include but not limited to the:

Applications to re-purpose greensward in favour of parking will not be considered.

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