The neighbour bought the property within the last 10 years I think.
As far as I know the deeds specifically give right of access to the sheds
and do not mention the garden.
The neighbour is also saying that the man in the wheelchair is not entitled
to access the garden because the deeds only give rights to the sheds.
The sheds are at the top of the garden of Mrs A and the path in question
leads to the bottom of the garden, so Mrs A has to cross the full length of
her garden to reach the sheds.
Alan Hunt
Access Officer
Pembrokeshire County Council
County Hall
Haverfordwest
SA61 1TP
tel: 01437 775148
email: [log in to unmask]
-----Original Message-----
From: Accessibuilt list [mailto:[log in to unmask]] On Behalf Of
Rita Newton
Sent: 13 April 2005 12:07
To: [log in to unmask]
Subject: Re: [ACCESSCODE] Pedestrian
Think it would be helpful to know the exact words as per the deeds, and the
date of the deeds. The issue is one of reasonableness in terms of accessing
sheds in a neighbours property possibly suggesting that pedestrian rather
than car access was to be provided such that, for example, sheds could not
be subsequently changed to garages, since sheds would not typically require
planning permission.
So is information available on the exact wording of the deeds and the date?
Rita
Rita A Newton
SURFACE Inclusive Design Research Centre
The University of Salford
Bridgewater Building
Salford, UK M7 1NU
[log in to unmask]
[log in to unmask]
Tel +44 (0) 161 295 4600
http://www.inclusive-design.it
http://www.idgo.ac.uk
-----Original Message-----
From: Accessibuilt list [mailto:[log in to unmask]] On Behalf Of
Pete Leaver
Sent: 13 April 2005 11:28
To: [log in to unmask]
Subject: Re: [ACCESSIBUILT] [ACCESSCODE] Pedestrian
Sorry Vin, but I as this is obviously not a public right of way I wouldn't
have thought that CRoW could be cited. This will probably be an easment that
the occupiers of Mrs A's house have over the neighbour's property and as
such is a private agreement. There should be a document with the deeds of
the house which sets out the terms of the easment. I'd have thought that
this was a prime case for a mediator! On 13 Apr 2005, at 11:21, Vin wrote:
> If nothing else, I think this covered under the CRoW Act (Countryside
> Rights of Way) or previous legislation on footways - I asked CCW
> (Countryside Commission for Wales) when I was first involved in the
> Local Access Forum on
> the Act and was assured that wheelchair users were legally considered
> pedestrians - I'm sorry I can't remember the terminology in the Act
>
> I'm sure it is not appropriate to make personal comment on this forum
> but I'm also fairly sure the neighbour could get work as a bar-steward
> anywhere!
> :-)
>
> Vin West
>
> Secretary, Arfon Access Group
> Glyn Dwr
> Llandwrog Uchaf
> Caernarfon
> Gwynedd
> LL54 7RA
>
> 01286880761
> ----- Original Message -----
> From: "Marcus Ormerod" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Wednesday, April 13, 2005 10:55 AM
> Subject: [ACCESSIBUILT] FW: [ACCESSCODE] Pedestrian
>
>
>> Hi all
>>
>> I am forwarding Alan's enquiry to this list, I am sure he will
>> appreciate getting your views.
>>
>> -----Original Message-----
>> From: Code of Practice on Accessibility and Mobility
>> [mailto:[log in to unmask]] On Behalf Of Alan Hunt
>> Sent: 13 April 2005 09:52
>> To: [log in to unmask]
>> Subject: [ACCESSCODE] Pedestrian
>>
>>
>> I have been contacted by 'Mrs A' who has right of pedestrian access
>> over a neighbours property in order to access 2 garden sheds in her
>> rear garden.
>> The son of 'Mrs A' is an adult wheelchair user and is totally
>> dependent on
>> his wheelchair for mobility. He has recently returned home to live
>> with
>> his
>> mother.
>>
>> The neighbour, who is aware of this right of access as it is in her
>> deeds, is claiming that the son has no right of access because he is
>> not on foot.
>>
>> I would consider a wheelchair user to be a pedestrian and 'on foot'
>> but is there anything written to this effect which could be used as
>> evidence in
>> legal terms.
>>
>> The Code of Practice can be found at http://www.accesscode.info
>>
>> Run by SURFACE for more information on research, consultancy and MSc.
>> in Accessibility and Inclusive Design programme visit
>>
>> http://www.inclusive-design.it/
>>
>> Archives for Accesscode list are located at
>> http://www.jiscmail.ac.uk/lists/accesscode.html
>>
>> ----------End of Message----------
>>
>> Run by SURFACE for more information on research, consultancy and the
>> distance taught MSc. in Accessibility and Inclusive Design programme
>> visit:
>>
>> http://www.inclusive-design.it
>>
>> Archives for the Accessibuilt discussion list are located at
>> http://www.jiscmail.ac.uk/lists/accessibuilt.html
>>
>>
>> --
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>
> ----------End of Message----------
>
> Run by SURFACE for more information on research, consultancy and the
> distance taught MSc. in Accessibility and Inclusive Design programme
> visit:
>
> http://www.inclusive-design.it
>
> Archives for the Accessibuilt discussion list are located at
> http://www.jiscmail.ac.uk/lists/accessibuilt.html
>
>
Pete Leaver
David WIlson Partnership
The Old School
Ladywell
Pilton
Barnstaple
EX31 1QT
t. 01271 374485
f. 01271 345544
www.davidwilsonpartnership.co.uk
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