POLICY FOR REMOVAL OF OBSTRUCTIONS FROM PAVEMENTS AND
PEDESTRIANISED AREAS
Displays of goods, advertising signs, tables and chairs and
other similar items placed on footways and pedestrianised areas
outside business premises can add to the sense of life and vitality
in the County Borough’s streets. However, they can also interfere
with public passage along a pavement or pedestrianised area, and
cause a hazard, particularly for disabled and visually impaired
people. In some circumstances they can put pedestrians at risk by
forcing them off the footway onto the road. The Council wishes to
control the placing of items on footways and pedestrianised areas
in an even handed and consistent manner, recognising the potential
conflict between pedestrians and traders, but always putting first
the safety and amenity of pedestrians.
The Council is empowered to licence Street Cafes, which are
therefore the subject of a separate policy.
To contribute to Corporate and Community Plan Aims of promoting
community safety and developing vibrant town centres, whilst
maintaining ease of access for all sectors of the community, the
Council will, within its powers under the Highways Act 1980:-
- Remove or arrange to have removed as expeditiously as possible
any sign or advertising board put out on a pavement or
pedestrianised area if the owner or other responsible person has
failed to act upon both a verbal and a written notice for
removal.
- Remove or arrange to have removed as expeditiously as possible
any display of goods, or any other item on a pavement or
pedestrianised area, if the owner or other responsible person has
failed to act upon both a verbal and a written notice for removal
when :
- a display of goods extends more than 1.0 metre out from the
shop frontage and to any extent sideways beyond the width of the
shop frontage.
- a display of goods has not been provided with barriers at its
ends to provide clear demarcation for pedestrians. Such barriers
must be 1 metre high and be either continuous to the ground or have
a lower tap rail within 0.25 metre of ground level.
- on a pavement there is no longer a minimum width of passage for
pedestrians of 2.0 metres. In respect of displays of goods outside
shops this would be determined after making allowance for the space
taken by customers viewing or purchasing goods.
- on a pavement pedestrians are forced into the road, either
directly or because of the number of pedestrians.
- there is interference with the visibility of motorists or
pedestrians.
- in a pedestrianised area, there is insufficient remaining width
for the unimpeded passage of pedestrians and, in any case, less
than 4.0 metres for the passage of emergency and other authorised
vehicles.
In other cases where complaints are received, the facts will be
considered and a decision will be taken as to whether or not action
is required.
- Remove or arrange to have removed as expeditiously as possible
any unlicensed street cafes, irrespective of the local
circumstances, if the owner or other responsible person has failed
to act upon both a verbal and a written notice for removal.
- Impose charges, to be reviewed periodically, to cover the costs
of removal of items deposited on pavements or pedestrianised areas.
Items removed will be taken to an appropriate depot to await
collection by the owner or their representative and will not be
released until the Council has been appropriately
reimbursed.
- Dispose of for scrap any items not claimed within two
months.
- Initiate legal proceedings against persons who repeatedly and
persistently place items on pavements or pedestrianised areas which
require action to be taken for their removal.
- Publish guidelines showing how this enforcement action will be
undertaken. The guidelines will be periodically reviewed in
consultation with relevant organisations, including the emergency
services and those representing business interests and disabled
people.
This policy has cross-cutting themes which complement Corporate
Objectives for:-
- Environment
- Economic Prosperity
- Community Safety
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Last Updated: 03.11.2008 at 12:52