Accessible streets plenary
Campaigner convention 2014
Speakers:
- Michael Wilson – Regional Campaigns Manager
- Hugh Huddy – Policy and Planning Manager
- Samantha Fothergill – Legal rights
- Tracy Dearing – Regional Campaigns Officer for York and Humber and lead on the Built Environment
Hugh: street clutter affects all our lives. The issue causes lots of problems. We have a new strategy to focus on this. Looking back on what we have done so far, we’ve always been doing this as and when, at a local level. However we have never had a national accessible streets strategy.
We’ve had many local wins such as Mohammed’s legal win and street crossings in Warwickshire. We want many more of these successes.
What’s out of fashion with the current Government? Nationalism
What’s in fashion? Localisation
Local authorities are making the decisions
Don’t make it complicated- make it simple
Street charter- a standardised national plan
We want one way of using the streets not different systems in place in each locality
Samantha: there are two main pieces of legislation.
The Highways Act
LAs have a duty to keep the highway free from obstruction
It’s a criminal offence to wilfully obstruct the highway
This allows for licensing obstructions e.g tables and chairs and things that improve amenities – like planters
Don’t think it allows for licensing A-boards
Equality Act
Duty applies to LAs and service providers to ensure accessibility of highways
There is a duty on the public authorities to have a regard for impact on quality of everything they do
You can ask if they have impact assessed particular decisions
Pavement parking comes under the Highways Act.
Wheelie bins
Very little case law around this issue, but there was a case in Blackpool where the LA had piled bin bags in front of someone’s house. This went to the county court and it was stated that it’s illegal to clock a disabled person in.
Tactile paving
Guidance on provision of tactile paving that LAs have to abide by. This is backed up by the Equality Act.
A-boards
Highways Act breach.
Shared space
This is the hardest to look at in terms of how the law will apply
Use Equality Act – have you thought about the impact this development will have on disabled people?
Examples of success
- Sutton – A-board policy
- Slough – Tactile paving
- Warwickshire – crossings
What we have done so far
We have briefing papers on different built environment issues
We sent requests to every LA – what is their policy/position on different issues
We’ve asked blind and partially sighted people to do a survey on the built environment and the challenges they face
Question and answer session
- Steve from Nuneaton – when there are goods on sale outside shops in pedestrianised areas. When is a highway a highway?
Sam answer: it’s always a highway and they have to keep it clear.
- When RNIB conduct the accessible streets survey, make sure we’re asking the right questions. I may not bump into A-boards but that is only because I had a guide dog. But they are still a problem.
- Mike from Birmingham – Birmingham are moving to licensing A-boards. Is it better to license or not? I don’t think we’ll get a full ban.
Answer from Hugh: A-boards is a growing issue, we need to hit it hard now to stop it getting worse.
- Cath – Guide Dogs approach is to agree licensing locally. We need to be consistent in our approach with Guide Dogs.
Answer from Hugh: RNIB has interpreted the Highways Act differently to Guide Dogs. RNIB think they are illegal and shouldn’t be licensed, just like parking on pavements is illegal. We are trying to persuade Guide Dogs to agree with us on this issue. We constantly discuss the details with Guide Dogs but currently we still have a different way of looking at it.
Answer from Tracy: In Yorks and Humber we have an excellent relationship with Guide Dogs charity. Locally we work well with them and we agree which organisation will lead on certain aspects. We think together about what local people most want.
Answer from Michael: by taking away curbs we are making life very difficult for disabled people.
- Terri Balon: Wigan have a ‘no A-board’ policy enforced with fines being given out on the high street. What is the situation regarding public liability insurance if you are injured by an A-board.
Answer from Samantha: Public liability insurance
If there is no licensing scheme, it’s likely there is no public liability insurance. If you fall over an A-board you could claim against the shop of the local authority. Write to both and let them fight it out. There is an example of a guide dog owner who fell down an unguarded hole in the pavement – they sued the utility company and the local authority.
Adele: Darlington has a no A-board policy. Can we use law to get a crossing in place to make the road more accessible?
- Hayley: Pavement parking – what are legal grounds when people park on pavements to avoid obstructing the road but obstruct the pavements instead
Answer from Samantha: Pavement parking is quite straightforward. It it’s blocking a dropped curb, it’s a legal issue. It becomes more difficult where there is no room on the road or the pavement. There needs to be a more strategic approach by the local authority.
- Bob Potter: tarmacked area in front of a shop which is owned by the shop. There is a car parked on it. It makes it difficult to get through to the pavement.
Answer from Samantha: tricky area. You can’t park on a public highway if any of that area if a public highway. If there is a right of way over that area, we may be able to use that. It would need to be looked into further as it’s quite a specific case.
- Angus Huntley: Lack of curbs. Where you are crossing side roads, it’s flat and often no tactile paving. Wheelie bins are a menace, but where else can households put them?
Answer from Samantha: Tactile paving has to be on informal crossings – a result showing this was the Newham judgement. Local authorities have to drop curbs and put in tactile paving
- Padma Cheriyan: A-boards in shopping malls are often the same colour as the flooring. What is the legal position on this?
Answer from Samantha: tell the local authority they have a duty to keep the highway clear. A public shopping mall is still a highway, so it’s an obstruction.
- Marie Howarth: To access town centre I have to go through ASDA car park. The way is blocked by displayed goods.
Answer from Samantha: ASDA is a service provider. They are supposed to ensure the environment is accessible. They are discriminating against you by doing leaving blockages on the paths.
Answer from Michael Wilson: The Government are updating the guide to Inclusive Mobility. RNIB will feed in the issues that the guidance doesn’t currently address.
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