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
----------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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