Application for a Disabled Persons Parking Bay
Kent County Council, as The Local Highway Authority, has the power to designate part of the highway as an on-street parking place and to control the type of vehicle and the terms and conditions of its use under the Road Traffic Regulation Act 1984, Section 32 and 35 (RTRA 1984). There are legal criteria that must be met in order for a Disabled Persons Parking Bay (DPPB) to be marked on the public highway under the Act.
On behalf of Kent County Council, Gravesham Borough Council can provide a DPPB on-street for a disabled person. Under the legislation, (RTRA 1984), DPPBs can only be provided for the purpose of relieving or preventing congestion and will only be considered for disabled persons who have substantial walking difficulties and regularly experience parking congestion in the vicinity of their property. It must be noted that DPPBs are provided under highway law and consideration is given to traffic management and highway conditions.
Each case will be considered on its own merits and Gravesham Borough Council must be satisfied that establishing a parking place is necessary for the purpose of relieving or preventing traffic flow congestion and that the parking place is suitable for its intended use.
Examples of the questions considered in order for Gravesham Borough Council to be satisfied that a DPPB is being provided to relieve or prevent congestion include:
- Will the transfer of a disabled person from a building to a vehicle or vice versa cause or contribute to congestion and will the provision of a DPPB address this?
- Are there suitable off-street facilities available to the applicant such as a garage or driveway?
- Is kerb-space capacity saturated (or close to) by demand for on-street car parking which regularly prevents convenient parking options for the applicant?
- Is the applicant readily able to walk to and from places where adequate car parking provision is available?
- Is the vehicle used to transport the disabled person, registered and normally kept at their home address? If the main driver of the vehicle does not reside at the property, the DPPB application will in most cases be refused.
Notes for Guidance
Please read these notes as you complete the application form, they will give you important information about the process. In order for your application to be successful you must fulfil all of the necessary criteria.
The application must be made in the name of one registered disabled person.
We take applications for a Disabled Persons Parking Bay but there is no guarantee your application will be granted.
Each case will be considered on its own merits and Gravesham Borough Council must be satisfied that a bay is necessary and suitable.
We ask you to consider the below criteria before making an application
Applicants must hold a current and valid blue badge. A photocopy of both sides of the badge must be attached to the application form. In exceptional circumstances, the council may install a bay where the sole driver is also the primary carer and living at the same address.
Blue Badge applications are dealt with by Kent County Council – 03000 41 62 62.
Applicants must be in receipt of or have proof of entitlement to one of the following:
- Younger than 65 years – higher rate mobility component of the Disability Living Allowance.
- 65 years or older – higher rate of Attendance Allowance if applicant was 65 or over when entitlement was first claimed.
- Personal Independence Payment (PIP) – Proof of the points awarded under each section, including that the points awarded for the lower amount has been awarded under the “moving around” component (therefore affecting mobility).
- Other entitlement may be allowable such as recipients of War Pensioner’s Mobility Supplement.
Photocopies of the applicable should be attached to the application form.
If you cannot provide evidence of entitlement to any disability benefits you may be asked to provide a letter from a Medical Practitioner stating details of your disability and lack of mobility, and your suitability for the provision for a Disabled Parking Bay
DPPBs will not be provided in locations that may compromise public safety i.e. on a bend or brow of a hill; close to a junction; within a turning head of a cul-de-sac; where the road is too narrow; or where parking is already prohibited such as yellow lines, zigzags, etc.
Applicants must not have any space for parking their vehicle in an off-street parking facility.
The location of a bay can only be on a public road and not on private land.
The level of demand for on-street parking near the applicant’s property must be such that it regularly proves difficult for the applicant to find an appropriate parking place.
The provision of a DPPB must relieve congestion on the public highway.
The number of existing DPPBs available within the street will be considered and the total number of DPPBs should not exceed 5% of total kerb-space availability.
What happens after an application is received?
Applicants meeting the criteria may have an interim DPPB installed and no charge will apply. An interim DPPB is simply the road marking and it will not be enforceable until a Traffic Regulation Order (TRO) is ‘Made’. A TRO is the legal document which allows the Highway Authority to regulate its use.
A TRO will only be ‘Made’ if interim DPPBs are continually parked in by vehicles not displaying a valid Blue Badge and a charge may be payable by the applicant prior to commencement of the TRO process.
The processing of a TRO takes between nine and twelve months on average from when it is agreed in principle to the time of its ‘Sealing’. It is a lengthy process because the statutory procedures laid down by the Department for Transport must be adhered to.
Neighbours potentially affected by the provision of a DPPB will be consulted.
Objections received to DPPB proposals may be reported to an authorised council committee where a decision will be made to overrule or uphold any objections. The committee may need to hold a site meeting to consider any problems. Objections upheld will prevent applications proceeding any further and interim DPPBs will be removed.
If there have been no informal objections or if the committee decide to overrule the objections that may have been received, it will be necessary to make a TRO which is a legal process involving advertising in a local newspaper and a formal consultation to any affected parties. The TRO allows the disabled bay to be enforced and will help to prevent misuse of bays. If formal objections are received at this stage it will be necessary to report to an authorised council /committee for a further decision. You will be notified at every stage of these proceedings.
If the committee uphold the objections then the interim bay will be removed. If the objections are overruled then the TRO will be formally made. In considering objections it may be necessary for the committee to hold a site meeting to consider any problems.
The ‘effect’ of a TRO restricts DPPB use to Blue Badge holders only and Civil Enforcement Officers may then issue Penalty Charge Notices (PCNs) to vehicles not displaying a valid Blue Badge whilst parked in a DPPB.
It should be noted that the applicant will not have exclusive rights to the DPPB applied for and any vehicle displaying a valid Blue Badge may park in it.
All DPPBs will be reviewed periodically to ensure that they are still required. Any review indicating that a DPPB is no longer required or the criteria no longer met will result in its removal. It is the applicant’s duty to notify the Council immediately of any changes in their circumstances that could affect the continued provision of a DPPB.
Ensure applicants meet all criteria before completing the application.
No charges apply for ‘interim’ DPPB installations, but DPPB enforcement cannot be completed. A TRO will be introduced to enable legitimate enforcement and a charge may be required from the applicant.
If you have any questions relating to the above information or you require this information in any other format, please contact Parking Services on 01474 33 78 21 or email@example.com.
Please ensure that you have completed all of the form before sending it. Errors and/or omissions may result in delays in processing your application. Therefore you must ensure you are able to meet all the criteria before making your application.