Landowner jailed for unsafe car park
Business opportunity?
The risks involved in using land as a car park might seem fairly limited. If you think about the companies providing cheap temporary parking, all they appear to do is to provide a vaguely smooth surface and possibly some lighting and security. But there’s potentially more to it, and it begins with making sure the land is suitable.
Panoramic parking
Nicholas Eastwood (E) and his son owned land on the upper part of a hill in Cornwall. However, the land was so steep that it could be described as a cliff edge. When the pair decided to use the area as a car park, the householders living 30 metres below were understandably concerned. One of them complained to the HSE that a vehicle might roll over the edge as there was nothing in place to stop it.
Investigation
In February 2008, HSE inspectors visited the site. Barriers were required to be put in place and E was also told to have a geographical survey undertaken because his part of the land appeared to be suffering from subsidence. The advice was backed up with formal enforcement notices.
Bucking the system
When the inspectors returned in June 2008, they found that E’s land was still being used without a barrier. He claimed that he was being given conflicting advice from the council’s planning team and by the HSE. It began prosecution proceedings, but despite this, E continued to ignore the notices. It all came to a head in August 2009 when a car was spotted hanging over the edge. Householders living below the site were evacuated whilst the vehicle was removed.
E pleaded guilty to breaching the Health and Safety at Work etc. Act 1974. As he was bankrupt by the time of the hearing, the judge felt that a fine was pointless and handed down a nine-month jail sentence.
Learning points
Although car parks are generally relatively low risk, there’s still a need to consider the hazards and take appropriate action (see The next step). As this case shows, as well as the more commonplace issues, such as potholed surfaces, pedestrian routes and poor lighting, you also need to think about the suitability of the land itself:
Tip 1. Consider whether there are any particular hazards due to underlying conditions. If part of the land appears unstable, fence it off.
Tip 2. Bear in mind that drivers make mistakes. If there are sheer drops, put up barriers to physically restrain vehicles from approaching the edge. Similarly, protect other installations which would be at significant risk in the event of a collision, e.g. fuel stores.
Tip 3. Take action to check that the land continues to be in good condition. For example, make sure that it’s adequately drained as this will help to preserve an even surface.
For a sample risk assessment that covers external areas, visit http://healthandsafety.indicator.co.uk (HS 09.21.04).
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