Council and democracy
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Minutes:
·
Palmers
Walk pathway. JK highlighted a number of points made in the minutes that needed
clarification or correction and according to JK, although the Group’s remit is
to promote safe cycling, this should not be at the expense of areas of
important community use such as Palmers Walk.
ACTION: Corrections
to the June minutes to include changes on page 1 ‘this proposal had originally been raised …by a representative of the
Petersfield Mansions Residents Association’ to ‘by a resident of Petersfield
Mansions’. ‘The path is currently regarded by many users…’ to be changed to
‘some users’.
Regarding
the legal status of Palmer’s Walk, CR stated that it was viewed as a footpath,
but that as landowner, the City Council did allow cycling. Following the meeting, the following key
points were circulated by CR for clarification:
o Unless the landowner
permits it, cycling on a footpath in England and Wales normally constitutes
trespass, making it a civil but not a criminal matter. A local by-law or
Traffic Regulation Order (TRO) covering a particular footpath, however, can
make it an offence.
o Although there is no
legal right to cycle on footpaths, some are regularly used by cyclists. If
enough cyclists use a footpath in this way without the landowner challenging
them for (usually) 20 years, then a restricted byway may be claimed through
‘presumed rights’ under s31 of the 1980 Highways Act.
o A 'No Cycling' sign
(red circle, white background, black cycle) AND a TRO or byelaw would make cycling
on a footpath an offence. All 'No Cycling', 'No Motorcycling', 'Cyclists
Dismount' signs have no legal status – they are advisory.
In
terms of action taken since the June Steering Group, AF confirmed there had
been a site visit 29th July which included a number of stakeholders
including representatives of Bradmore Court and
ARU. Various issues were discussed
including whether to keep the width of the footpath as existing. AF has kept in
touch with all stakeholders throughout the process. Should the Group support
the need to re-consult, the current options (circulated) are as follows:
1. To widen the path to 1.8 metres (a 0.6m
increase).
2. To widen the path to 2.2 metres (a 1m
increase on the current width as proposed in 2015)
3. To maintain the path at the existing width
of 1.2 metres.
It
is proposed the consultation would run from 7-31st October and
clarity is currently being sought on whether to include an on-line survey.
No
decisions were made on the day of the site visit as segregation was also discussed.
According to AF, this option would however need a total width of 3.7 metres
which officers consider to be unfeasible and impractical, including Access
Officer Mark Taylor.
Members agreed to
proceed with the re-consultation in line with the recommendation made by the
Independent Complaints Investigator. AF will continue in his role to carry
forward the project.
ACTION: The Palmers
Walk re-consultation to be taken to East Area Committee for consideration in
the short term, as its Members were in a position to
encourage community engagement. (Date TBC)
Results of the
consultation would be captured by late 2016/early 2017.
·
County/City
Cycle Schemes – Huntingdon Road.
CR
reported that there were issues of non-compliance regarding the new pedestrian
crossing on Storey’s Way and that officers were
exploring various options. MS stated that the Oxford Road area had improved but
that the inclusion of a bench and a BT box meant that cyclists were being
forced into the path of pedestrians. Some cyclists fail to use the new crossing
and continue to wait at the old junction, while various signage and road
markings make the area confusing for all road users.
According
to MD, some signage had been removed but as a cyclist, he was aware of the risk
of clashing with other road users. The introduction of new traffic management
initiatives should be regarded as positive however.
ACTION: CR to
approach County colleagues regarding additional/repeated temporary signage to
raise awareness of the new Oxford Road crossing. (The Arbury Road improvements
could be viewed as a more successful example.) NOTE: CR consulted with County
colleagues who confirmed that the temporary signage would be going back in.
Supporting documents: