On-street parking orders
Published by Mathew McDermott of 42 Bedford Row
Last updated on 15/10/2019

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

  • On-street parking orders
  • Local authorities
  • Permitting on-street parking
  • Controlling on-street parking
  • Parking on highways for payment
  • Parking meters
  • Parking devices
  • Local authority accounts

On-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 46A 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.

Local authorities

Parking a vehicle on a highway is at common law an obstruction of the public right of passage, but stopping has always been allowed for loading and unloading the vehicle and (for reasonable periods) during meal breaks or in case of mechanical breakdown. In any event it is arguably not a real obstruction (ie not a nuisance at common law) if there is plenty of room to get past the parked vehicle. The Road Traffic Regulation Acts solved the problem by authorising some local authorities to permit on-street parking. With the permitting came control and then parking charges.

Outside Greater London, the local authorities that can permit and control on-street parking are the county councils and the unitary (metropolitan district) councils. The power may be delegated from one local authority to another under section 101 of the Local Government Act 1972. It may be used as part of a ‘general scheme of traffic control’ within section 37

Related documents:
Key definition:
Local authority definition
What does Local authority mean?

The County, Unitary or London Borough Council for a defined area.

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