Hi Flick,

I don't have experience in arguing this point in so detailed a manner but think it sounds like you have some strong points to make. Isn't it sad it comes down to arguments like this and not about how the best environment can be provided. 

Some points that might help:
1) Does the local authority have a local development plan (I'm thinking of something similar to the City Plan 2 here in Glasgow) that might have a policy statement about creating inclusive spaces that you could use to help your argument and move the argument from 'what is necessary' to 'how can we improve'. 
2) It might be worth finding a good councillor or local MP who will help you argue your case with the council. 
3) If you are continuously fighting these battles you could get local press to apply pressure. 

Hope some of that might be helpful. Very good luck!

Claire 

 


Claire Hyland
PhD Student
Department of Architecture
University of Strathclyde
Email: [log in to unmask]

________________________________________
From: Accessibuilt list [[log in to unmask]] on behalf of Flick Harris [[log in to unmask]]
Sent: 26 October 2014 19:14
To: [log in to unmask]
Subject: definition of access route and enforcement issues

Hi everyone,

Has anyone been involved in the enforcement of Part M in relation to
access routes?

I am involved in a public inquiry which is ongoing and have been arguing
that 1.1 defines an access route as a route between buildings within a
complex. The street has been described by witnesses and in evidence to the
Planning Inspector as a part of the Town Hall Complex. 1.13 requires a
"level approach" from the boundary of the site and from car parking spaces
designated for disabled people to the principal entrance, to a staff
entrance or to an alternative accessible entrance..... and is (g)
...."well lit"  and (h) requiring ....a separate pedestrian route and,
where there is an uncontrolled crossing point across the vehicular route,
this is identified by a buff coloured blister surface..."

The Planning Inspector says he has never heard of this point before.

The Building Control Officer is arguing that it is not an access route
because although the only accessible entry to the Town Hall is on the
route, there are other routes to get into the Town Hall Complex from the
Town Hall. There is also a Changing Places toilet only accessible from
this street.

He is arguing that although there is a shared surface (all white roadway
and pedestrian route into the traffic controlled by a barrier, with white
tactile paving), it is not enforceable. Also that although there are deep
shadows along the route because of "Victorian Lighting", this is also not
enforceable.

Although the car parking for disabled staff is not marked out as required
in 1.18, using only metal studs, this is not apparently not enforceable
because it isn't an access route.

Also, although the parking is worse than before in the new development,
the material alterations apply to buildings not access routes.

The street in contention is owned by the Council and is an unadopted highway.

Do you think I can argue that the street breaches Building Regs? I can
still refer to the Equality Act and Guidance on Tactile Paving Surfaces
but would like to be able to apply breach of BR as well! I have been asked
to provide a statement to the QC representing the Town Hall and to the
Planning Inspector by Thursday.

The issue has arisen because another route has probable access barriers
for people with sensory impairments and for people who are unable to
negotiate crowds e.g. neuro-diverse people and people with learning
difficulties because of a new link building and is being closed as a
public right of way (Library Walk). This access route, Lloyd St, is being
argued as being a convenient alternative route.

Best wishes, Flick

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