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CABINET MEMBER FOR TRANSPORT – 14 SEPTEMBER 2006

DISABLED PERSONS’ PARKING PLACES – SOUTH OXFORDSHIRE DISTRICT

Report by Head of Transport

(Statement of Decision)

1. This report considers the proposed provision of nine new Disabled Persons’ Parking Places (DPPPs), and the formalisation of one existing "advisory" DPPP in the South Oxfordshire District and follows the publication of the draft Order – the Oxfordshire County Council (South Oxfordshire) (Disabled Persons’ Parking Places) (Amendment) Order 20**.

Background

2. The increasing demand for parking in Oxfordshire can lead to particular difficulties for disabled people who need to park close to their homes or place of work. The County Council may provide a DPPP on a public road where there is a need.
3. On 7 December 2004 the Executive agreed to rationalise policy with regard to disabled parking which included proposals to adopt a uniform approach to be implemented throughout the County. Previously, in Oxfordshire (as opposed to Oxford City) disabled parking was provided by the use of advisory bays. These bays are marked up on the ground but no disabled sign plate is provided and they do not appear in an Order so are therefore not enforceable. A review of these DPPPs is being carried out across Oxfordshire to ensure they are still required and those that are will be formalised. It will then be possible to enforce them. At the same time, new requests for DPPPs are considered.
4. A fact sheet listing the criteria required to qualify for a DPPP is available in the Members’ Resource Centre. A primary condition for qualification is that the applicant has to be a Blue Badge holder. Applicants have to complete a detailed application form and provide a copy of their driving licence and vehicle registration documents to prove that both the driver and the vehicle are resident at the address where the DPPP is requested.
5. The site is then assessed by an Inspector to see if a DPPP is feasible. If it is, informal consultation is carried out with various authorities, such as the Emergency Services. If no comments are made, formal consultation is commenced. This report considers comments in respect of the DPPPs referred to in paragraph 1 received at the formal stage.

Formal Consultation

6. The Directorate sent a copy of the draft Amendment Order, a Statement of Reasons for the Order and a copy of the Public Notice appearing in the local press to formal Consultees on 14 June 2006. These documents, together with the Oxfordshire County Council (South Oxfordshire District) (Disabled Persons’ Parking Places) (Consolidation) Order 2006 and plans of all the DPPPs, were deposited for public inspection at County Hall, the South Oxfordshire District Council Offices in Crowmarsh Gifford and Berinsfield, Henley, Thame and Wheatley Libraries. They are also available for inspection in the Members’ Resource Centre.
7. Separately, the Directorate wrote to local residents in each area where the proposed DPPP would be sited asking for their comments. In all approximately 257 letters were sent.
8. Comments were received in respect of the proposed DPPPs in High Street, Dorchester-on-Thames; Mickle Way, Forest Hill; Bell Street, Greys Hill, Mount View and Wilson Avenue, Henley-on-Thames and High Street, Wheatley. Comments were also received in respect of the proposed formalisation of the advisory DPPP in Wellington Street, Thame. Plans showing the location of the bays are attached at Annex 1.
   
   (Annex 1 - Plan 1 - High Street, Dorchester on Thames - download as .doc file)
   (Annex 1 - Plan 2 - Mickle Way, Forest Hill - download as .doc file)
   (Annex 1 - Plan 3 - Bell Street, Henley on Thames - download as .doc file)
   (Annex 1 - Plan 4 - Greys Hill, Henley on Thames - download as .doc file)
   (Annex 1 - Plan 5 - Wilson Avenue, Henley on Thames - download as .doc file)
   (Annex 1 - Plan 6 - Fane Drive, Berinsfield - download as .doc file)
   (Annex 1 - Plan 7 - Estover Way, Chinnor - download as .doc file)
   (Annex 1 - Plan 8 - Wellington Street, Thame - download as .doc file)
   (Annex 1 - Plan 9 - Mount View - Henley on Thames - download as .doc file)
   (Annex 1 - Plan 10 - High Street, Wheatley - download as .doc file)

9. A synopsis of each comment and the officer response are appended at Annex 2 (download as .doc file). Copies of the responses can be viewed in the Members’ Resource Centre.

High Street, Wheatley

10. A petition of Blue Badge holders compiled by the applicant was received in support of the proposal to provide a DPPP in Wheatley High Street and this is shown at Annex 3 (download as .doc file). Of the 12 signatories, only seven have Blue Badges either in their name or are registered at the address given. None have previously asked for this provision.
11. The unregulated parking bay outside the parade of shops in Wheatley High Street is marked out for echelon parking. Approximately 9 vehicles can park there and most people parking here do so to visit the shops and so parking is largely short term. However, the bay is narrower at one end than the other and here parked vehicles extend into the road. Thames Valley Police have in the past asked the Area Office to mark out the parking bays parallel to the kerb. As this would drastically reduce the amount of cars that could park there, this was not done. Also cars drive into the bay and reverse out into the road. If OCC was to provide an echelon style DPPP in a similar manner here, this would contravene DfT guidelines. These guidelines advise that echelon parking bays should be designed so that vehicles reverse into them and then drive out of them onto a thoroughfare. Again, such a scheme would reduce the number of cars that could park there. As a solution, OCC proposed to make a parallel DPPP at the narrower end of the parking bay. There is also a dropped kerb at this end which would be of help to the disabled.
12. There has been opposition from local residents and businesses to the plan at both informal and formal consultation stages. A DPPP here would take up 2 – 3 car spaces and only the applicant has formally asked OCC to provide it so he can take his disabled wife to the shops. Those consulted have mainly advised OCC that in their opinion, there are already enough DPPP facilities in the area for disabled people. There is a DPPP outside the Merry Bells Village Hall, which is approximately 15 metres away from the parking bay outside the parade of shops. There is a DPPP outside Barclays Bank for visitors to the Bank. There is another DPPP further along the High Street outside the Post Office. There are two DPPPs in the car park behind the King and Queen Pub, however, access from the car park to the High Street is via steps which is not helpful to disabled people.
13. A number of consultees have suggested providing a DPPP in the service road next to Londis, at the east end of the row of shops. This section of road is double yellow lined, and vehicles correctly displaying a blue disabled badge can park on these markings provided they do not cause an obstruction to passing traffic. The Area Traffic Engineer believes this road is wide enough for disabled people to park in it.
14. The applicant maintained that OCC had not changed its policy on DPPPs in the light of the Disability Discrimination Act (DDA) which came in to force in October 1999. Prior to October 1999, there was no formal policy for dealing with requests for DPPPs in Oxfordshire nor could the informal provision that did exist be enforced. Therefore the report to Committee in December 2004 represented progress (both for disabled people and us) in that it created a policy to work to and to enforce correct use of DPPPs. Not only was a policy developed, but appointed staff were appointed in February 2005 specifically to administer the procedure, developed guidance notes (Fact Sheet 10) and standard application forms. Prior to October 1999 there had been no such post or standard documentation.
15. Taking everything into consideration, the recommendation is not to provide the DPPP in High Street, Wheatley. There are other on-road parking facilities in the High Street and while the bay outside the shopping parade can be busy, it is not often full for long in busy periods. As there is a one way traffic system in place, visitors to the High Street can go round the block if no spaces are available and try again.
16. The applicant also suggested that the County Council should consult more widely with disabled people by writing individually to disabled people within a seven mile radius of the proposed DPPP in Wheatley High Street. This was not felt to be a viable option. Currently the County Council advertise the proposal on site, in the Press and on our website and had further information available for inspection. Statutory consultees are consulted, which include the Disabled Drivers Association, the Oxfordshire Council for Disabled People. On the particular DPPP in High Street views were also expressed by the Chair of the Committee for Inclusive Transport. None of these bodies were in favour of the proposed DPPP.
17. We could see no grounds under the DDA for this special form of consultation unless, because of their disability, disabled drivers had less access to local newspapers, site notices and Internet compared with non-disabled drivers which we did not consider to be the case. The other point about carrying out such a widespread special form of consultation for this particular DPPP is that it would then set a precedent and we would need to apply the same principle to others. Bearing in mind we have some 90 applicants waiting for DPPPs (many of them in Oxford city) and the fact that, at a rough guess, there could be 100 disabled people in the 7 mile radius this would equate to 9,000 letters. It would also result in people in Oxford City receiving hundreds of letters about different DPPPs. In this regard, we did not feel a separate policy differentiating between general DPPPs, such as the one in High Street, Wheatley and individual DPPPs was appropriate as each case is considered on its merits and all DPPPs can be used by anyone displaying a Blue Badge. The suggestion was explored through extensive correspondence and the Formal Complaints process.

Other DPPPs in the Advertised Draft Order

18. Comments on the other DPPPs are provided at Annex 2 (download as .doc file). The one issue of note from these is the recommendation to refuse the application at Mount View, Henley-on-Thames because it has come to light that the applicant has off-road parking available. All the other requests are recommended to go ahead as advertised.

How the Project Supports LTP2 Objectives

19. Provision of these DPPPs will help to deliver accessibility for disabled drivers by enabling them to park near to their homes.

Financial and Staff Implications (including Revenue)

20. The cost of installing the DPPPs will be met from the revenue budget provided for these.

RECOMMENDATION

21. The Cabinet Member is RECOMMENDED to:

STEVE HOWELL
Head of Transport

Background papers: consultation documentation

Contact Officer: Mike Ruse, Tel 01865 815978

July 2006

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