Agree with previous comments about checking the deeds to see if the access
if for pedestrians only. It may be that this was to exclude any vehicle
such as a motorbike from using the sheds. In terms of traffic law a
pedestrian is allowed a "natural accompaniment" and this includes
wheelchairs, wheelbarrows, prams etc. (oddly enough this does not include
pushing a bicycle!).
In terms of accessibility laws I think there is a good case for the deeds to
be amended to ensure that the owner has to maintain an access suitable for
wheelchair users and not just pedestrians. This would prevent the owner
from erecting a fence with a narrow gap that a wheelchair couldn't get
through.
If this ever went to court I couldn't imagine there being a judge who would
be sympathetic with having to exclude a wheelchair and there is probably
existing case law that could be used.
Good luck
Rob
* Rob Wachowski
Cycling & Walking Officer
City & County of Swansea
Environment Department
Transportation and Engineering Services
Room G.7.4
County Hall
Oystermouth Road
Swansea SA1 3SN
* (01792) 636353
* (01792) 637260
* [log in to unmask]
-----Original Message-----
From: Accessibuilt list [mailto:[log in to unmask]] On Behalf Of
Thurston, Tim
Sent: 13 April 2005 12:20
To: [log in to unmask]
Subject: Re: [ACCESSIBUILT] FW: [ACCESSCODE] Pedestrian
I would have thought that a good starting point would be to take a look at
exactly what the deeds for 'Mrs A's property say (as highlighted by Rita
Newton). It appears that it is indicated that the right of access has been
created to provide access to 2 garden sheds and it is likely that the right
of access will be tied to Mrs A's property, so that who ever owns or resides
in the property as a permanent or main residence will have an equal access
to the garden sheds (whilst they remain) and hence the right of way. Unless
it is expressly stated that the right of access is only for pedestrians,
then this point may not actually be one!
I would have thought that Mrs A's son should have as much access to the
garden sheds as any other person residing within Mrs A's property, although
to allow him access may involve making alteration to the access route and
this may not be permitted by the right of access and may present a stumbling
block.
Tim Thurston
Access Consultant
JMU Access Partnership is one of the UK's leading access consultants working
to make the built environment more accessible for disabled people.
JMU Access Partnership,
2nd Floor, Dunedin House,
25, Ravelston Terrace,
Edinburgh.
EH4 3TP.
phone: 0131 311 8526
fax: 0131 311 8529
www.jmuaccess.org.uk
-----Original Message-----
From: Accessibuilt list [mailto:[log in to unmask]]On Behalf Of
Marcus Ormerod
Sent: 13 April 2005 10:56
To: [log in to unmask]
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
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