Off-street parking orders

The following Local Government practice note provides comprehensive and up to date legal information covering:

  • Off-street parking orders
  • Statutory authorities providing off-street parking places
  • Control of off-street parking places
  • Charging for off-street parking
  • Control of private sector off-street parking places

Off-street parking orders

STOP PRESS: the Parking Places (Variation of Charges) Act 2017 came into force on 27 June 2017 and has introduced a change to s 35C of the Road Traffic Regulation Act 1984 by giving the Secretary of State the power to include a provision concerning consultation about a local authority's proposal to vary charges in any regulations made regarding the procedure for giving notice of such variations.

Statutory authorities providing off-street parking places

Off-street parking places may be provided by various statutory bodies or by a commercial or not-for-profit organisation. The statutory authorities are:

  1. county and district councils

  2. London borough councils

  3. parish and community councils (with consent (see below))

These local authorities may provide and maintain off-street parking places:

  1. at ground level

  2. above or below ground

  3. temporarily or permanently

  4. with or without buildings

  5. with or without cloakrooms and other conveniences

Parish and community councils may not provide off-street parking places under section 57(1) of the Road Traffic Regulation Act 1984 (RTRA 1984) without the consent under RTRA 1984, s 59 of their county or unitary principal authority.

Local authorities may use compulsory purchase powers to acquire land for off-street parking places. They may let entire parking places or surplus parts of their parking places to other persons, especially to vendors of fuel and lubricants, but they may not themselves sell fuel or

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