Hi Dave,
to be fair, the Swansea leaflet insists on fixed top rails and tapping rails
for the end barriers and only allows chains or ropes for the front barriers
and insist that everything has to be kept within the agreed areas, but as
you say it all depends on being tightly monitored and controlled.
If it all spirals out of control perhaps our best defence is in the DDA -
the following is what John ap Richard wrote during our internal Access Group
discussion:
The wording of section 175 of the
Highways Act 1980 is:
If-
(a) any officer or servant of the highway authority for a highway, or
(b) any officer or servant of a district council maintaining a highway by
virtue of section 42 or 50 above, or
(c) a person liable to maintain a highway by reason of tenure, enclosure or
prescription,
causes any heap of materials or any other object to be laid on the highway,
he is, if he allows it to remain there at night to the danger of traffic
without taking all reasonable precautions for the prevention of accidents,
guilty of an offence and liable to a fine not exceeding £25.
The problem with relying on section 175 is that if the people responsible
for the "heap" or "other object" take it in at night, then they have not
committed an offence.
A better section is section 149 of the Highways Act 1980 which allows for
removal of anything deposited on the highway "as to constitute a nuisance"
the highway authority may by notice require the item to be removed, and if
it isn't, get approval from a magistrate for it to be removed, this would
include anything, including A boards. Scaffolding is covered by section 169.
Street works and road works are covered under the code of practice issued
under sections 65 and 124 of the New Roads and Street Works Act 1991.
A pavement is defined as being part of the highway.
Is perhaps a better route now provided by the Disability Discrimination Act
on the basis that providing open spaces and travel routes is a service
provided by not only the local authority (when it is a space which does not
form part of the highway, which could be argued in a precinct or
pedestianised area), or a highway authority ( which would often be a local
authority as an agent) or a property owner or user who has private land
adjacent to the travel route.
The 2002 Code of Practice in section 5.47 refers to a highway authority as
being a service provider and goes on to give an example concerning the
provision of seating. A local authority is defined as a service provider in
section 19(3)(h) of the DDA. The DDA in section 21(1) states: "Where a
provider of services has a practice, policy or procedure which makes it
impossible or unreasonably difficult for disabled persons to make use of a
service which he provides... to other members of the public, it is his duty
to take such steps as it is reasonable.... so that it no longer has that
effect."
The DfT document "Inclusive Mobility" in section 3.11 suggests that A
boards, dustbins, bicycles etc are hazards, but goes on to suggest that
tables and chairs can be ok, if carefully placed. (They don't mention
waiters rushing around with hot drinks)
It would therefore seem reasonable that items can be used on the highway or
in any other public space, BUT under DDA section 21, not in a manner that
makes it unreasonably difficult or impossible for disabled people. A local
authority would also be liable if they adopted a practice policy or
procedure that also made it impossible or unreasonably difficult.
The one advantage of licensing such items is that the licence would also
need to define where the objects could be placed, how they should be used,
their size colour and shape, so that they are not a hazard to disabled
people.
I would suggest that it is not the planning authority that should be
approached, but highways or perhaps town centre management or economic
development?
The trouble is that, as with planning and building control, highways are not
enforcing the legislation, and there is no statutory body who makes sure
that the legislation is enforced. Something desperately needs to be done to
solve that problem, but I am not sure what. Perhaps taking some test cases
under the DDA along the lines that the practice and procedure of not
enforcing the various legislation makes it impossible or unreasonably
difficult for disabled people?
Hope these thoughts help.
Regards,
John ap Richard
----- Original Message -----
From: "Croft Consultants" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, August 26, 2004 12:09 PM
Subject: Re: [ACCESSIBUILT] Street Furniture Licensing
> Hi
> I agree Vin, control is a problem,
> I suppose as they did in the past with street market stalls, studs could
be
> set into the walkway surface.
> The other main problem with Swansea guide is that they permit rope and
chain
> barriers. personally I have tripped over two this summer.
> Another other problem I have met in other towns is - they put up a fenced
> seating area, then outside that they add an A-frame leaving 300 mm for
> people to pass.
> Dave
> ----- Original Message -----
> From: "Vin" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Wednesday, August 25, 2004 10:28 AM
> Subject: Re: [ACCESSIBUILT] Street Furniture Licensing
>
>
> > Hi John,
> > The Swansea leaflet quotes Section 115 E to K of the Highways Act 1980
as
> > the mechanism by which their Technical Services Dept determine
> applications,
> > but I haven't been able to find this online as it is too old to be in
> > electronic format.
> >
> > The contact details on the leaflet are for:
> > Roger Evans - Works Co-ordination Engineer - 01792 841 651
> > [log in to unmask]
> >
> > From the photocopy of the leaflet I have it seems to be based on
> dimensions
> > from BS8300.
> >
> > The implication in the consultation letter is that Gwynedd have no means
> of
> > controlling the placing of street furniture, so my main concern is that
if
> > existing regulation and guidance is not being used to control the
> situation
> > will any new licensing scheme be used any better. I fear that it may
> > stimulate more street furniture use and spiral further out of control
due
> to
> > lack of council staff time to monitor and enforce.
> >
> > Vin
> >
> >
> > ----- Original Message -----
> > From: "John Gregory" <[log in to unmask]>
> > To: <[log in to unmask]>
> > Sent: Wednesday, August 25, 2004 10:06 AM
> > Subject: Re: [ACCESSIBUILT] Street Furniture Licensing
> >
> >
> > > Hi,
> > >
> > > This is a very interesting concept. Here at Cherwell District Council
> > > (North Oxfordshire) we are concerned about the increasing use of
> > > free-standing street furniture such as cafe tables and chairs,
A-boards
> > and
> > > the like. Currently we licence these via our Admin Dept, but there
are
> no
> > > enforcement procedures to ensure that they are kept within bounds.
> > >
> > > I would be extremely interested in hearing of any policies, projects
or
> > > initiatives which attempt to address this issue - on or off forum.
> > >
> > > Kind regards.
> > >
> > > John.
> > >
> > > John Gregory
> > > Access Officer
> > > Cherwell District Council
> > > Eml. [log in to unmask]
> > > <mailto:[log in to unmask]>
> > >
> > >
> > > -----Original Message-----
> > > From: Vin [mailto:[log in to unmask]]
> > > Sent: 25 August 2004 09:41
> > > To: [log in to unmask]
> > > Subject: [ACCESSIBUILT] Street Furniture Licensing
> > >
> > >
> > > Attention Mary Gwynne
> > >
> > > Hi,
> > > Gwynedd Council are consulting on a proposal to license shopkeepers to
> > place
> > > removeable street furniture (tables - chairs - planters) within robust
> but
> > > removeable barriers. They are using Swansea's scheme as a basis so I
was
> > > wondering if Mary has any comment on how well the scheme has operated?
> > >
> > > Thanks,
> > >
> > > Vin
> > >
> > > Vin West
> > > Secretary, Arfon Access Group
> > > Glyn Dwr
> > > Llandwrog Uchaf
> > > Caernarfon
> > > Gwynedd
> > > LL54 7RA
> > >
> > > 01286880761
> > >
> > >
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