‘UnBAYlievable!’ – Permit car parking bays at Nairn harbour have no legal status

Permit car parking bays for boat owners at Nairn harbour have no legal status and car drivers cannot be penalised for using them.

It has been revealed that a Traffic Regulation Order is needed to be allowed to mark bays on an adopted highway and to give the restrictions any legal authority. No TRO is in place for the bays.

Nairn West & Suburban Community Council are to formally complain to Highland Council accusing them of misleading the public and installing illegal road markings.

But they will also be seeking a review of how a ‘voluntary’ pay for parking scheme at Nairn’s seafront which was to be trialled for 2021 and then subject to consultation is continuing unchanged.

There are also no traffic regulation orders at Cumming Street or the Maggot to allow charging of any kind. There have been calls that misleading information about the voluntary payment scheme is being given to the public and visitors to the town.

Former Commodore at Nairn Sailing Club Bob Gordon registered his opposition to the permit bays for boat owners when they were installed this year.

The bays he said were empty most of the time and reduced valued parking space.

Nairn West & Suburban Community Council member Graham Stuart said a presentation by Traffic Officer Shane Manning at the latest Nairn HC Area Ward meeting was ‘barely credible’. “His position was that these (marked) bays are there only as a deterrent. It’s an embarrassment and our councillors seemed to accept this explanation without surprise, disappointment or even a response.”

Members were told that for anyone to receive a parking ticket and a penalty for using these bays a Traffic Management Order was needed. And investigations by the local community community councils confirmed no such order was in place.

The development follows on-going concerns that visitors to Nairn are still being misled by the signage at the ‘voluntary’ pay for parking introduced without consultation at the seafront.

The Council were taking 50 per cent of the proceeds from the voluntary payments on Common Good land. After community councils intervened the local authority back-tracked and now all income goes to the Common Good.

Since the scheme was introduced it was reported it has generated £53,000.

Highland Cllr Paul Oldham told a meeting of NWSCC he was in two minds about the issue of the permit bays because the council could go back and formalise it.

The result would be that these bays would still be lying largely unused.

The ‘voluntary pay for parking’ scheme he added had been introduced across the Highlands and was generating much needed income.

But CC member Joan Noble said: “By accepting this we are accepting the council can deliberately deceive the public that parking in that area without a permit is illegal. I am not averse to this being done properly with a TRO. This would mean a needs assessment taking everyone’s needs into account, and then a formal consultation under the TRO legislation to see if the community approved.

“There is clear evidence of improper conduct and it could become a matter for the police.”

CC member Brian Stewart said: “It reflects on the community and it’s not very positive. It’s a clear example of inadequate public administration and it is to our elected members we should be looking to sort this out. I’m deeply concerned. This is a lousy parking scheme, poorly administered and presented on false premises.”

Dr Noble added that the introduction of the scheme at the harbour including dedicated overnight parking bays for motor homes had resulted in the loss of 25 spaces for the general public. She called for a full needs assessment taking everyone’s needs into account, with removal of permit bays until a TRO was in place (if it gets approval).

She said Council officials and an independent legal opinion had in the past confirmed that a consultation under the Common Good change of use regulations would also have to be undertaken, as the overnight motorhome parking attracted a compulsory charge.

A spokesperson for Highland Council said: “The elected members of the Nairnshire Committee have reviewed the Invitation to Pay Scheme and have made their decision on its status on the 15th November 2022.

“The same committee has clarified that the Permit Bays are advisory and not enforceable until such time as a Traffic Regulation Order is brought forward.”