MIDDLESBROUGH COUNCIL

EXECUTIVE REPORT

Stewart Park Cycling – Joint Report

Executive Member for Transport - Councillor Charles Rooney

Executive Member for Streetscene - Councillor Paul Thompson

Mike Robinson Director of Environment

2 March 2010

PURPOSE OF THE REPORT

  1. The purpose of this report is to seek approval for Middlesbrough Council to allow the use of bicycles within Stewart Park.
SUMMARY OF RECOMMENDATIONS
  1. It is recommended that The Council adopt the proposal outlined in option 3 – Allowing restricted cycle access to the park, as outlined on the map in appendix 1.

IF THIS IS A KEY DECISION WHICH KEY DECISION TEST APPLIES?

It is over the financial threshold (£75,000)
It has a significant impact on 2 or more wards
Non Key / x

DECISION IMPLEMENTATION DEADLINE

  1. For the purposes of the scrutiny call in procedure this report is

Non-urgent / x
Urgent report

BACKGROUND AND CONSULTATION

5.There are currently bylaws in place, which prohibit cycling within Middlesborough’s parks. Middlesbrough Council has full control of these bylaws, and can enforce, overlook, relax, overturn or re-write at its own discretion. To allow cycling within the park the bylaw must be overturned or re-written. Although this can be completed without public consultation, residents and park users were given the opportunity to provide feedback

A trial was conducted within the park, which lasted from 1st August to 3rd October 2009. The trial went ahead using the existing paths within the park, excluding paths that were deemed unsuitable due to width, condition or adjacent land usage. The permitted and non-permitted paths for the trial can be found in appendix 1. Measures were taken to make users aware of the details of the trial through the use of signage at each of the designated entrances (see Appendix 1), along with refresher and path ‘code of conduct’ (Appendix 2) signage along the designated paths. Signage to show where cycles/pedestrians were permitted (Appendix 3) and also where cycling was not permitted (Appendix 4) were placed at the junctions of the relevant paths.

Within the park there are currently 3 locations for securing cycles. Their locations are at the car park on Ladgate Lane close to the animal enclosure, at the end of the Grove entrance and the third sited at the museum. The facilities here are uncovered Sheffield stands, and can accommodate around 8 cycles. Additional facilities or improvements will be considered should any issues arise.

In order to comply with Disability Discrimination Act legislation (DDA), temporary tactile paving was installed at the entrances to the park to inform/warn visually impaired people that they were entering an area that was also used by cyclists. A specialist company named Access Egress was consulted for this field of expertise and installation.

Various disability groups were also consulted as to measures required to reduce the potential risks of allowing cycles to use the same paths as vulnerable people.

The Friends of Stewart Park and Marton Community Council were informed of the proposal, and the details of the trial were published on Middlesbrough Councils website.

The trial concluded with little formal feedback.

Consultations

List of consultations relating to the trial undertaken throughout 2009 can be found in the list below.

14th April - Friends of Stewart Park - Meeting

6th May - Senior Citizen Forum

11th May - Physical Disabilities Forum

28th July - Marton Community Council

11th August - Friends of Stewart Park - Tour of park

13th October - Friends of Stewart Park - Meeting

10th November - Nunthorpe Parish Council

Whilst these meetings discussed other issues as well as cycling, positive responses were received on this issue.

Councillors Rooney, Thompson (executive members for Transport and Street Scene respectively) and Councillor Mawston (Friends of Stewart Park and Ward Councillor for Marton) are all supportive of the proposals, and can see the benefits for the allowing of cycling within the park.

EQUALITY IMPACT ASSESSMENT

6.As part of the development of the cycling scheme, it was recognised from the outset that the needs of other users within the park would need to be carefully considered to ensure that any negative impact on them was mitigated. From the early stages proposals were developed in consultation with disabled users of the park's facilities to ensure their concerns were fully addressed in the final design of the scheme. The completed EIA process concluded that there was no adverse impact on any of the groups identified because of the work undertaken to mitigate the impact of bikes within park. The report outlines in detail the measures that have been put in place to ensure safety of disabled users is protected

BENEFITS

  • Middlesbrough Council’s cycling strategy aim is to encourage ‘more people cycling more often’. Allowing cycles within Stewart Park helps this aim to be achieved as it will allow cycling within a popular destination, and increase the off road cycle path network within Middlesbrough.
  • Allowing cycling within the park will encourage a larger number and wider range of people to use the facilities available. This will increase numbers of park users, and help to encourage a wider demographic of users. With more people utilising the park, there is potentially a positive impact upon revenue.
  • Cycling is a great way for people to remain healthy and active, and can be used for both leisure purposes and in day to day travel. Allowing cycles within an attractive and traffic free area will help to encourage people to take up cycling. This helps promote Middlesbrough’s Healthy Towns Programme.
  • Cycling is a carbon neutral form of activity and travel. Middlesbrough Council was awarded Beacon Status in Climate Change recently. Encouraging carbon neutral activities such as cycling wherever possible will help to keep the ethos of this status fresh.
  • It is hoped that once people take up cycling, a realisation as to how the bicycle can be used as a real, sustainable alternative in every day life can occur. For example the importance of cycling as a means of commuting to and from work. An increase in this modal shift will hopefully yield a reduction of cars on the road. With fewer cars on the road, congestion around the town centre will be eased which further links into Middlesbrough’s Local Authority Carbon Management Programme.
  • The more people that are seen to be cycling, the more likely that other people will take up cycling. This will have an impact upon drivers’ awareness of cyclists, and ultimately improve road safety.

OPTION APPRAISAL/RISK ASSESSMENT

Option 1

The first option would be to do nothing and leave the bylaws in place, which prohibit cycling within the Park. Although this will have no major detrimental effects to the day to day running of the park, the benefits highlighted above of allowing cycling within the park will not be realised and the profile of cycling as a healthy activity will not be raised.

Option 2

The second option would be for the Council to allow cycling on all of the paths within Stewart Park. This option would raise the profile of cycling significantly for Middlesbrough, however not all of the paths within Stewart Park would be suitable for allowing cycles to use, as they could put other users at risk as a result of allowing their use. The Council are aiming to encourage cycling and the perception that cyclists and pedestrians can coexist without conflict. Allowing cycles and pedestrians to mingle on unsuitable paths would not be beneficial, as it would result in increased risk of conflict or collision, resulting in cycling being painted in a negative light.

Option 3

The third option would be to allow cycling within the park, but limit cyclists to the most suitable paths i.e. paths that are wide enough to accommodate pedestrian and cyclist use. These most suitable paths have been highlighted on the map in appendix 1, however may be subject to change (increase/decrease) with any improvements made under the Parks for People Heritage Lottery project. This would help to promote the fact that cyclists and pedestrians can coexist on the same facility with no detrimental impacts, improving the profile of cycling.

FINANCIAL, LEGAL AND WARD IMPLICATIONS

7.Financial - There are limited financial implications regarding changing of the legislation. The Park was recently awarded Parks for People Heritage Lottery Grant funding (HLG), where by new path construction will take place. These paths will be installed with relevant tactile paving and signage to incorporate the requirements for allowing cycles. It is hoped that the HLG can accommodate these costs within existing budgets, however should this not be possible, this would become a contender for Middlesbrough Council Local Transport Plan (LTP) funding from the cycling allocation. The cost involved in bringing the existing paths to the legal requirements for allowing cycles falls with the Council. This largely relates to signage and tactile paving installation and is estimated to be £5,000. This would become a contender for LTP funding. Worst case scenario is that the Council funds the required works for the whole of the park (existing and new paths), which is estimated to be in the region of £8,000, again becoming a contender for LTP funding through the allocated cycling budget.

  1. Ward Implications - The permitting of cycling within Stewart Park will have an impact Borough wide, with specific benefits mainly for nearby wards such as Nunthorpe, Marton West, Ladgate, Beechwood and Park End.
  1. Councillors Rooney and Thompson (Executive Members for Transport and Streetscene respectively) and Councillor Mawston (Ward Councillor for Marton) have been informed of the proposals.

10.Legal Implications – Legal implications to allowing cycles to use the park are that it would require a re-writing of the existing ancient bylaws. The bylaws are under Middlesbrough Councils jurisdiction, and can be re-written at its discretion. Provided reasonable steps are taken e.g. using the widest paths and using regular and appropriate signage, there is no increased risk of claims being made against the council.

RECOMMENDATIONS

11. It is recommended that The Council adopt the proposal outlined in Option 3 – Allowing restricted cycle access to the park, as outlined on the map in Appendix 1.

REASONS
  1. Please see the list of benefits, under point 6 in Equality Impact Assessment.
BACKGROUND PAPERS

13.No background papers were used in the preparation of this Report.

AUTHOR: Chris Orr / Jim Moody

TEL NO: 728196 / 515600

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