street charter toolkit - rnib · with somebody becoming blind or partially sighted every fifteen...

28
Street Charter toolkit Part of our ‘Who put that there’ campaign

Upload: lyquynh

Post on 13-Jul-2018

218 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Street Charter toolkit - RNIB · With somebody becoming blind or partially sighted every fifteen minutes, our streets must be more accessible, yet they remain a daily obstacle course

Street Charter toolkit Part of our ‘Who put that there’ campaign

Page 2: Street Charter toolkit - RNIB · With somebody becoming blind or partially sighted every fifteen minutes, our streets must be more accessible, yet they remain a daily obstacle course

2

Contents 3 Forewords

3 Introduction

4 Street Charter

5 The Law

7 The main problems Inaccessible crossings

New developments: shared space

Parking on pavements

Advertising boards (A-boards)

Street and cafe furniture

Wheelie bins and recycling bags

Overgrown shrubbery and branches

21 Other issues or challenges

21 How can we help

23 How to organise a blindfold walk

Page 3: Street Charter toolkit - RNIB · With somebody becoming blind or partially sighted every fifteen minutes, our streets must be more accessible, yet they remain a daily obstacle course

3

Foreword With somebody becoming blind or partially sighted every fifteen minutes, our streets must be more accessible, yet they remain a daily obstacle course. Getting to work, the shops, the GP surgery, or accessing local services can be like running the gauntlet, with increased fear and anxiety, and a real risk of injury.

I know it’s difficult to keep our streets obstacle-free, but I also know that our local authorities could do much more to make them accessible and inclusive for everyone. If decision makers understood how blind and partially sighted people (including cane and guide dog users) navigate the street environment, they could help tackle one of the biggest barriers faced today by people with sight loss.

Sadly, the biggest component missing from making this a reality is ongoing engagement between decision makers and their blind and partially sighted residents.

I’m delighted to endorse the RNIB Street Charter as a step toward beginning the much needed dialogue across villages, towns and cities. I believe this toolkit will enable blind and partially sighted people to develop their own Street Charter in partnership with their local authority, which will go a long way to making our streets more accessible for everyone.

Lord Holmes of Richmond MBE

Introduction In 2014 RNIB carried out a survey of over 500 blind and partially sighted people to find out more about the dangers faced by those experiencing sight loss. Nearly everyone who took part told us that in the last three months they had collided with at least one obstacle, and a third of people had suffered an injury from a street obstruction.

We called on the Government to review and strengthen national legislation, and shortly after our report was launched, they agreed to a review. We also called on decision makers to work with local blind and partially sighted people to develop a Street Charter and to review their existing policies around the highway (the term highway is used throughout this publication to refer to both pavements and roads).

To support this process, RNIB has created this booklet to help shape and guide the development of a Street Charter. We explain what a Street Charter can look like, the main problems and possible solutions that are available, and which laws and policies exist to support your case.

We hope you’ll find this booklet useful, and best of luck with your Street Charter.

Page 4: Street Charter toolkit - RNIB · With somebody becoming blind or partially sighted every fifteen minutes, our streets must be more accessible, yet they remain a daily obstacle course

4

We’re calling on local authorities to engage with blind and partially sighted people in their area and develop a Street Charter that puts a ‘clear highway’ policy at the heart of their local decision making.

In essence, a Charter is a simple document that shows a commitment, or list of commitments, which is abided by everyone involved. So in this case, the local council and campaigners will decide on actions to take regarding various street obstacles. By signing the Charter, the local authority makes a pledge to implement the Charter’s action points. We imagine the finished Street Charter will be between one and two pages long, stating the issues and the action points agreed between the local council and campaigners.

Street Charter

Charters are a tried and tested engagement tool which can open up conversations between campaigners and decision makers. They are often used to recognise quality, set standards, define duties, gain agreement and establish goals. A Street Charter needs to be flexible enough to take into account the local geography, characteristics and features of the area, while at the same time being shaped by the knowledge of people who rely upon kerbs, tactile paving and crossings. This booklet provides all the information and guidance you’ll need to create a Street Charter.

We cover the main challenges that blind and partially sighted people face when out and about:

• Inaccessible crossings • New developments: shared space• Parking on pavements • Advertising boards (A-boards) • Street and cafe furniture• Wheelie bins and recycling bags• Overgrown shrubbery and branches.

Each section has an overview of the issue, the legal framework and possible Street Charter options. In addition, at the back you’ll find a guide on how to organise a blindfold walk in your local area, which can help decision makers understand the issues.

We believe this type of meaningful engagement will empower residents, and help prevent some of the injuries, anxiety and isolation that blind and partially sighted people face on a daily basis.

If you have any questions or need support, just get in touch with the RNIB Campaigns Team.

Page 5: Street Charter toolkit - RNIB · With somebody becoming blind or partially sighted every fifteen minutes, our streets must be more accessible, yet they remain a daily obstacle course

There is a significant amount of legislation, regulations and guidance which are relevant to blind and partially sighted people’s access to the street environment. The main laws that support our case are:

Highways Act Under the Highways Act 1980 it is the duty of the highway authority to assert and protect the rights of the public to use and enjoy the highway (the term ‘highway’ in this instance meaning pavements). They also have a duty to prevent obstruction to the highway, which means keeping streets clear.

It is a criminal offence under the Highways Act and also the Town and Police Clauses Act to wilfully obstruct free passage along the highway or to deposit anything which causes an interruption to, or obstruction of, the highway.

So streets should be kept clear of obstacles and clutter, enabling people to walk along them without any problems.

The Law

Equality Act The Equality Act 2010 makes it unlawful for public authorities, including highways authorities, to discriminate in the exercise of a public function. They also have a duty to make reasonable adjustments including changing practices, policies and procedures which have a discriminating effect, and to take reasonable steps to enable disabled people to avoid substantial disadvantages caused by physical features. The Act also requires local authorities to provide information that is accessible for everyone.

Under the Equality Act Public Sector Equality Duty (PSED), public authorities – including highways authorities – are also required to have due regard to the need to eliminate discrimination under the Equality Act and to achieve equality of opportunity between disabled and non-disabled people. This means anyone responsible for looking after the street environment has a responsibility to eliminate and tackle problems that make a highway inaccessible for disabled people. It is simply not an option to leave things as they are.

International obligations We believe that the Human Rights Act is relevant to our case, in that an inaccessible street environment may be considered a breach of Article 8 and Article 14. Such arrangements may also breach the United Nations Conventions on the Rights of Persons with a Disability, in particular Articles 5, 9, 19 and 20.

5

Page 6: Street Charter toolkit - RNIB · With somebody becoming blind or partially sighted every fifteen minutes, our streets must be more accessible, yet they remain a daily obstacle course

Inclusive mobility “Inclusive Mobility – A Guide to Best Practice on Access to the Pedestrian and Transport Infrastructure” was published by the Department of Transport in November 2002. The guide aimed to provide advice on best practice to assist professionals working in this field and enable them to meet their responsibilities under the Disability Discrimination Act 1995 (now superseded by the Equality Act). There is much in it for highway authorities to note. For example:

6

“Apart from road works and scaffolding, there are many other, sometimes temporary, obstructions that can cause problems for disabled people, particularly those with visual impairments. A-frame advertisement boards placed outside shops, ladders, overhanging tree branches, dustbins, vehicles and bicycles parked on pavements are all potential hazards.

Wherever feasible, obstructions of this kind should be kept to a minimum and should not encroach on the clear space (horizontal and vertical) needed to provide safe passage for pedestrians.”

Page 7: Street Charter toolkit - RNIB · With somebody becoming blind or partially sighted every fifteen minutes, our streets must be more accessible, yet they remain a daily obstacle course

7

The main problems 8 Inaccessible crossings

10 New developments: shared space

12 Parking on pavements

14 Advertising boards (A-boards)

16 Street and cafe furniture

18 Wheelie bins and recycling bags

20 Overgrown shrubbery and branches

Page 8: Street Charter toolkit - RNIB · With somebody becoming blind or partially sighted every fifteen minutes, our streets must be more accessible, yet they remain a daily obstacle course

Inaccessible crossings

Crossing the road is an essential part of negotiating the local area. The provision, or absence, of accessible crossing points affects blind and partially sighted people’s desire and ability to get around.

Padma, who has campaigned successfully for two crossings in her local area, shares her story:

“One crossing we campaigned for was on the road that links the railway station to the path leading to the high street. The road is very, very busy with four junctions feeding into it, and a fire station nearby. There is a college campus on one side, so students were crossing there all the

8

time. There was no alternative route for me to use, because without crossing that road I couldn’t get to the bus stop. I often had no other option than to take a risk. I knew it was an accident blackspot and decided we had to do something about it. I wrote several letters to the town and borough councils, as well as contacting other organisations such as the bus users group, residents’ association and students’ association. Networking is vital – without it, my campaigns wouldn’t get anywhere. After two years we were successful and a new crossing was installed, which was a great result.”

Page 9: Street Charter toolkit - RNIB · With somebody becoming blind or partially sighted every fifteen minutes, our streets must be more accessible, yet they remain a daily obstacle course

9

The Law As well as the requirements of the Equality Act, outlined on page 5, the following provisions from the Department of Transport are relevant:

• Guidance on the use of tactile paving surfaces advises the use of tactile paving at crossings. Case law has established that this guidance must be followed, unless the local authority has a good reason to depart from it.

• Local Transport Note 2/95 ‘The Design of Pedestrian Crossings’ recommends the use of audible and tactile signals unless local conditions suggest otherwise.

• Inclusive Mobility Guidance states that: “Tactile indicators should not be considered as a substitute for audible signals, as they are required by different people. Although some will benefit from both.”

In relation to the likely requirements of the Equality Act, the following example is taken from guidance published by the Disability Rights Commission (predecessor of the Equality and Human Rights Commission) in relation to the Disability Discrimination Act. It is likely to be persuasive in relation to the interpretation of the Equality Act:

“A highway/roads authority is installing a new pedestrian crossing at a busy junction. The highway authority is likely to be carrying out a public function in determining that the crossing is required,

where to site the crossing, and what type of crossing it will be. It will thus be covered by the public authority function provisions. When designing the crossing the authority considers the design requirements of disabled people. Consequently, it consults with disability groups and ensures that the crossing has a flush kerb, is fitted with audible, visual and tactile indicators and that the appropriate tactile paving is installed. It also ensures that there is adequate time allowed for the ‘safe to cross’ phase.”

“I often had no other option than to take a risk.”

Street Charter options Local authorities should explore the following options with blind and partially sighted people for inclusion in their Street Charter:

• Work with blind and partially sighted people to review and audit crossings.

• Enforce national guidance when it comes to the use of audible beeps, rotating cones and tactile paving.

• Regularly monitor and maintain the accessibility of crossings and look at increasing crossing times, especially in busy areas.

• Ensure that reporting processes for potential new crossing points are accessible for blind and partially sighted people.

Page 10: Street Charter toolkit - RNIB · With somebody becoming blind or partially sighted every fifteen minutes, our streets must be more accessible, yet they remain a daily obstacle course

10

New developments: shared space

“Kerbs and tactile paving help me know when I’m approaching a road. They tell me where to stop, so I remain safe.”

We all want to make our streets safer for pedestrians, but many people do not realise what a devastating impact removing crossings, kerbs and tactile paving has on people with sight loss. Over half of the blind and partially sighted people in our research reported that recent building developments in their area had made it harder for them to get about.

Naomi lives in an area where shared space is already a reality. She shares her experience with us:

“The pavement and the road are at the same level and there is no definitive kerb edge. In order to navigate shared space, drivers and pedestrians are expected to make eye contact, to let each other know who has the right of way. If you’re blind, you can’t make eye contact. My local council wanted to get rid of the crossing, kerbs and tactile paving, but I have been campaigning to keep them. Kerbs and tactile paving help me know when I’m approaching a road. They tell me where to stop, so I remain safe. The pedestrian crossing is also really important because the area has many side streets and busy bus routes. The planning team at the council thought it would be OK

to just put a thin strip along the edge of the pavement instead of wider tactile markers, but I explained that a blind person could step over a thin line while walking normally, and not know they’ve missed it. They seem to be listening, and at the moment the crossing and tactile paving are still in place.”

Page 11: Street Charter toolkit - RNIB · With somebody becoming blind or partially sighted every fifteen minutes, our streets must be more accessible, yet they remain a daily obstacle course

11

The LawThe duties in relation to the Equality Act and the PSED, outlined on page 5 are particularly relevant to the issue of shared space. Under the provisions of the former, it is unlawful for a public authority to discriminate in the exercise of its public functions. This includes highway functions. Section 20(4) requires that, where a physical feature puts a disabled person at a substantial disadvantage in comparison to a person who is not disabled, an authority is required to take such steps as is reasonable to remove the disadvantage.

Shared space schemes undoubtedly place blind and partially sighted people at a particular disadvantage and so authorities will need to make reasonable adjustments to mitigate these effects. Government Guidance, in the form of the Manual for Streets 7.2.10 states that:

“...shared surfaces can cause problems for some disabled people. People with cognitive difficulties may find the environment difficult to interpret. In addition, the absence of a conventional kerb poses problems for blind or partially-sighted people, who often rely on this feature to find their way around. It is therefore important that shared surface schemes include an alternative means for visually-impaired people to navigate by.”

In Wales, this issue is also covered in the Active Travel (Wales) Act (2013) Design Guidance.

The requirement of the PSED requires local authorities to specifically consult with blind and partially sighted people about shared space schemes and to carry out an equality impact assessment of the scheme. Where negative impacts are identified, the local authority will need to consider changes to the scheme in order to eliminate discrimination and better promote equality of opportunity. Where appropriate safeguards are not possible, a local authority should consider whether it is appropriate for the scheme to go ahead.

Street Charter options Local authorities should explore the following options with blind and partially sighted people for inclusion in their Street Charter:

• Work with blind and partially sighted people to assess existing shared spaces on grounds of safety. Where safety issues are identified, mitigating measures need to be taken including the reintroduction of kerbs and crossings.

• In accordance with the PSED, involve and consult with blind and partially sighted people when new shared space schemes are put forward and make any necessary changes to the schemes. Where this is not possible, they should consider whether or not the scheme should still go ahead.

Page 12: Street Charter toolkit - RNIB · With somebody becoming blind or partially sighted every fifteen minutes, our streets must be more accessible, yet they remain a daily obstacle course

12

Parking on pavements

“Walking into wing mirrors, or the back of the car itself can really hurt.”

Research undertaken by RNIB shows that people with sight loss often collided with cars parked on pavements.Drivers that use the pavement for parking often think they are doing the right thing by keeping the road clear, but fail to realise the consequences of their vehicle now blocking the footpath. The result is that people with sight loss often cannot see the obstruction until it is too late, and collide with the parked vehicle.

Charlotte has experienced these problems in her area and shares her experience:

“The main route I have to take to get to the bus stop and the shops has a lot of cars parked on the pavement. It’s normally deliveries for the local businesses and things like that. Walking into wing mirrors, or the back of the car itself can really hurt. I often can’t get round the car by staying on the pavement, so have to walk out onto a main road which has fast traffic and buses. To tackle this I’ve spoken to the police and the local businesses to explain why this is an issue and how we can work together to address it. Sometimes the police send a duty officer out to speak to the car owners. They’ve also discussed the possibility of issuing penalties if the drivers continue to block the footpath.”

Page 13: Street Charter toolkit - RNIB · With somebody becoming blind or partially sighted every fifteen minutes, our streets must be more accessible, yet they remain a daily obstacle course

13

The LawAs well as the duties outlined on page 5, there are additional provisions around parking on the pavements.

Under section 72 of the Highways Act 1835, it is an offence to:

“...wilfully ride upon any path or causeway by the side of any road made or set apart for the use or accommodation of foot passengers. Or to wilfully lead or drive any carriage of any description upon any such footpath or causeway.”

Regulation 103 of the Road Vehicles (Construction and Use) Regulations 1986 states that:

“No person in charge of a motor vehicle…shall cause or permit the vehicle to stand on a road so as to cause unnecessary obstruction of the road.”

This includes vehicles parked on footpaths. Contravention of this regulation is a criminal offence and the police can require removal of the vehicle.

Rule 244 of the Highway Code states:

“You MUST NOT park partially or wholly on the pavement in London, and should not do so elsewhere unless signs permit it. Parking on the pavement can obstruct and seriously inconvenience pedestrians, people in wheelchairs or with visual impairments and people with prams or pushchairs.”

Street Charter optionsLocal authorities should explore the following options with blind and partially sighted people for inclusion in their Street Charter:

• Ban pavement parking and support national legislation to do this.

• Use existing powers such as Traffic Regulation Orders to introduce bans where practical.

• Work with the police to use their existing powers under the Highways Act and other legislation to keep the pavement clear of obstructions caused by parked vehicles.

• Work with the police to engage with blind and partially sighted people and the wider community to improve awareness of the dangers of parking on pavements.

Page 14: Street Charter toolkit - RNIB · With somebody becoming blind or partially sighted every fifteen minutes, our streets must be more accessible, yet they remain a daily obstacle course

Advertising boards (A-boards)

Advertising boards or A-boards are in general use across the country. They physically obstruct the pavement and present a trip hazard, especially to people who cannot see them. Nearly half of all blind and partially sighted people who participated in our research stated that they had collided with an A-board in the last three months, often resulting in cuts and grazes. The temporary and mobile nature of these boards means that blind and partially sighted people cannot learn where they are, so struggle to avoid walking into them.

14

Phil has been drawing attention to the problems associated with A-boards in his local area:

“A-boards are a big issue for me. I’ve campaigned on this for about four or five years. We did an audit back in 2010, and recorded over 300 A-boards in our town. We plan to do another one this year to see what has changed. I’ve knocked into A-boards before, which can be painful. Sometimes if you’re using a cane, it can get stuck underneath. Even for a well trained guide dog it’s difficult – for example in the past when my dog tried to avoid a pushchair, she went straight into an A-board. It’s like navigating around an obstacle course. To tackle this problem I’ve attended scrutiny committees at my county council, and raised the problems caused by A-boards at the access group which I sit on. I’ve also taken our local MP on a blindfold walk to highlight the problems that A-boards can cause blind or partially sighted people. We’re trying to get the system improved. At the moment the licensing department at the borough council rely on people to report A-boards, but don’t always do anything with that information when they receive it. We want them to commit to tackling the problem.”

Page 15: Street Charter toolkit - RNIB · With somebody becoming blind or partially sighted every fifteen minutes, our streets must be more accessible, yet they remain a daily obstacle course

15

The LawAs well as the duties outlined on page 5, there are additional provisions relevant to obstruction by A-boards.

Under Town and Country Planning (Control of Advertisements) Regulations in England and Wales, is an offence to display an outdoor advertisement without the consent of the local planning authority. There are a number of categories of deemed consent, but A-boards do not appear to fall under any of these. In order for consent to be granted, the advertisement would also need the explicit consent of the highway authority. Case law states that an A-board placed without planning consent is unlikely to be a reasonable use of the highway, in that it will amount to an unlawful obstruction.

Street Charter optionsLocal authorities should explore the following options with blind and partially sighted people for inclusion in their Street Charter:

• Have a zero tolerance of A-boards on pavements and have clear policies available to the public.

• Work with local blind and partially sighted people to monitor and mitigate the impact of any temporary obstructions that appear on pavements.

• Work with local business owners to make them realise how A-boards cause real difficulties for blind and partially sighted people and to consider alternative forms of advertising.

“Even for a well trained guide dog it’s difficult – for example in the past when my dog tried to avoid a pushchair, she went straight into an A-board.”

Page 16: Street Charter toolkit - RNIB · With somebody becoming blind or partially sighted every fifteen minutes, our streets must be more accessible, yet they remain a daily obstacle course

16

Street and cafe furniture

Many items of street furniture, including tables and chairs, hanging baskets, bollards and lamp posts, appear on highways for practical and aesthetic reasons. Permanent street furniture which is sensibly placed, like railings and benches, can be useful navigation aids for people with sight loss. However, problems are caused when they are poorly placed and managed, overused, or when the obstacle itself is hard to see or detect properly with a white cane.

Over half of blind and partially sighted people who participated in our research have collided with both permanent and temporary street furniture.

Dianne shares her experience with us:

“Street furniture has become more and more of a problem in my area. Often cafe tables and chairs aren’t cordoned off, so you can end up walking into people when they’re eating their meal. This is really embarrassing for me, and must be awful for them too. Trying to dodge the obstacles can be very frustrating, and it’s even harder if I’m with my young son. I try to remember where bollards and flower baskets stand, but if I forget, walking into them can be quite painful. I have taken part in blindfold walks to help people understand the issues, and I’ve spoken on the radio and in newspaper articles about street accessibility. I joined the disabled council auditing group. It has people with lots of different disabilities and they can impact council policies and have their say.”

“Trying to dodge the obstacles can be very frustrating, and it’s even harder if I’m with my young son.”

Page 17: Street Charter toolkit - RNIB · With somebody becoming blind or partially sighted every fifteen minutes, our streets must be more accessible, yet they remain a daily obstacle course

17

Street Charter options Local authorities should explore the following options with blind and partially sighted people for inclusion in their Street Charter:

• All cafe furniture must be licensed, with care being taken to ensure that the tables and chairs are adequately cordoned off and do not constitute a hazard. Licensing requirements must be enforced.

• Set up accessible ways for blind and partially sighted people to report collisions and injuries they experience.

• Monitor how many blind and partially sighted people are being injured due to collisions with obstacles.

• In accordance with section 175A and the PSED, undertake a street furniture audit with blind and partially sighted people to ensure that it is as safe as it can be.

• In accordance with section 175A and the PSED, when town centres and neighbourhoods are redeveloped, proactively engage with blind and partially sighted people around design of the development and implementation of street furniture.

The Law As well as the requirement to keep highways free from obstruction and the PSED as outlined on page 5, there are additional provisions relevant to permanent street furniture:

Under section 175A of the Highways Act, local authorities are required to have regard to the needs of blind and partially sighted people when placing lamp-posts, bollards, traffic-signs, apparatus or other permanent obstructions in a street.

In Wales, the Active Travel (Wales) Act (2013) Design Guidance 4.7.6 also refers to “unnecessary and badly placed street furniture” and recommends that, where there are Active Travel routes, the amount of street furniture should be minimised with remaining items located in a street furniture zone out of the pedestrian flow.

Page 18: Street Charter toolkit - RNIB · With somebody becoming blind or partially sighted every fifteen minutes, our streets must be more accessible, yet they remain a daily obstacle course

Wheelie bins and recycling bags

Wheelie bins and recycling bags are now a common sight on most pavements. Almost all local authorities request that these are left on the highway to be collected. With scheduled collections for different types of recycling and waste on various days across the local area, the pavements are obstructed several days a week.

Our survey results showed that just over half of the blind and partially sighted people who participated have collided with wheelie bins and recycling sacks. Some people even told us they avoid going out on bin days because it was just safer to stay indoors, despite this often being inconvenient for them.

18

Mike explains:

“Bins are a blooming nuisance. I am instructed to put my bin on the corner of a major road, which is also a crossing point for children going to school. The refuse collectors don’t put the bins back in the same place so I’m never sure if I’ll end up bumping into them or not. The pavements near my house are very narrow, so the bins take up quite a bit of space and I often end up having to go into the road. I’d be very reluctant to go out on bin day if I didn’t have my guide dog. Also when I go to town, often shops leave their black sacks on the pavement. I have almost tripped over a mound of bags, and it’s worse as it gets dark. Even if you have a small amount of sight, being able to see a black sack, on a grey pavement in the dark is incredibly difficult.”

“The pavements near my house are very narrow, so the bins take up quite a bit of space and I often end up having to go into the road.”

Page 19: Street Charter toolkit - RNIB · With somebody becoming blind or partially sighted every fifteen minutes, our streets must be more accessible, yet they remain a daily obstacle course

19

The Law The requirement to keep highways free from obstruction and the PSED are particularly relevant to this issue, along with the requirements of the Equality Act as outlined on page 5. The duty to make reasonable adjustments to practices, policies and procedures that place blind and partially sighted people at a substantial disadvantage, is likely to require local authorities to reconsider policies that require bins to be placed on the highway.

Street Charter options Local authorities should explore the following options with blind and partially sighted people for inclusion in their Street Charter:

• All bin crews to be trained in why it is so important to store bins as safely as possible.

• Run awareness campaigns to encourage residents to be considerate in how they place their bins.

• Give consideration to the requirements of the Equality Act in relation to their waste collection policies.

• When negotiating contracts with waste management companies, build in ‘clear highway’ policies as part of the contract.

• Where residents can leave bins in an accessible area off pavements and footpaths, this should be required and bin crews should return bins back to this safe place as well.

Page 20: Street Charter toolkit - RNIB · With somebody becoming blind or partially sighted every fifteen minutes, our streets must be more accessible, yet they remain a daily obstacle course

Overgrown shrubbery and branches

The Law Section 154 of the Highways Act enables local authorities to require the owners or occupiers of land to remove overhanging branches and hedges which cause an obstruction or inconvenience to pedestrians.

Local authorities will also be liable for any damage or injury resulting from overhanging branches and shrubbery, as a result of the law relating to nuisance where they are aware, or ought reasonably to have been aware, of the nuisance or danger caused by the foliage.

Street Charter options Local authorities should explore the following options with blind and partially sighted people for inclusion in their Street Charter:

• Set up accessible ways for blind and partially sighted people to report overgrown shrubbery and branches.

• Act swiftly upon these reports by alerting the residents or taking action if it is a council-owned property.

• Run awareness campaigns to encourage residents to be considerate in managing their shrubbery and trees.

Many campaigners have described the problems caused by overhanging branches and shrubbery when walking around their local area, particularly in the summer months.

Paul told us:

“I think that very little is done to tackle shrubbery which spills from residential properties and past their property boundaries. For me, as a guide dog user, this is a nightmare especially on narrow paths as it causes my dog to take a wider line and head towards the road, or alternatively puts us dangerously close to other obstacles. Overhanging foliage which often catches me in the face, such as rose bushes are the worst.”

20

Page 21: Street Charter toolkit - RNIB · With somebody becoming blind or partially sighted every fifteen minutes, our streets must be more accessible, yet they remain a daily obstacle course

21

We want the Street Charter to be useful to all campaigners, regardless of where you live in the country. If, when looking at the options given for each of the main street challenges, you think there is a better solution, do go ahead and suggest it as a Street Charter commitment. Equally, if we’ve not covered a street environment issue that you think is important to address in your area, do highlight it to your local council and ask them to improve things.

Have a think whether there are local groups that could support your cause – for example parent groups or other disability groups who would support the calls in your Charter.

Is your local council already doing a great job? If your local council already tackles many of these street issues in an efficient way, the Charter can provide a way to acknowledge the great work they’re doing, while also asking them to address the problems they haven’t tackled yet.

We hope this booklet provides you with the main information you need to create your own Street Charter in partnership with your local council. Please let us know how you get on, so that we can keep a record of the activity taking place to tackle these issues across the country.

Over the course of this campaign, we will produce a variety of toolkits to aid you in creating your own Street Charter. Keep an eye on our website or call the Campaigns Hotline to find out what’s available.

If you have questions, or want advice, just get in touch with our Campaigns Team and we’ll do our best to help. We have Regional Campaigns Officers based across the country who can offer support and information on this campaign.

Call us on: 020 7391 2123

Email: [email protected]

Or find out more information on our website: www.rnib.org.uk/onmystreet

Other issues or challenges How we can help

Page 22: Street Charter toolkit - RNIB · With somebody becoming blind or partially sighted every fifteen minutes, our streets must be more accessible, yet they remain a daily obstacle course
Page 23: Street Charter toolkit - RNIB · With somebody becoming blind or partially sighted every fifteen minutes, our streets must be more accessible, yet they remain a daily obstacle course

23

Any Street Charter focused on keeping streets free from clutter must have the needs of blind and partially sighted people at the heart of its design.

By involving people with sight loss when delivering or designing street environment policies, councillors and local authority officers will gain a better understanding of the impact of sight loss on mobility. This could include aids and adaptations people use to get around and the impact of obstacles and clutter on movement.

A blindfold walk brings decision makers together with blind and partially sighted people to talk about the street environment. The group may focus on a specific area, for example a pedestrianised zone, local pavement or high street. They may also discuss plans for a new development.

How to organise a blindfold walk

To start with, campaigners with sight loss talk about the area and share their experiences of walking around it.

Councillors and officers will then get to experience wearing simulation-spectacles or sim-specs, which simulate different eye conditions. Wearing sim-specs, they are encouraged to walk along the pavement and cross a road. Throughout the experience, decision makers are guided, so they can talk about how they feel wearing the spectacles.

Paul Bowden, Project Officer for Hull City Council recently attended a blindfold walk. He told us:

“As part of the design and consultation process for the Council’s City Centre Public Realm Improvement Scheme, RNIB arranged a blindfold walk for members and council officers. The walk covered pedestrian zones and streets with signalised and uncontrolled road crossings in Hull city centre. Different blindfolds and glasses replicated different types of visual impairment. I found it very worthwhile. It gave me an opportunity to experience the problems encountered on a daily basis by blind and partially sighted people”.

Page 24: Street Charter toolkit - RNIB · With somebody becoming blind or partially sighted every fifteen minutes, our streets must be more accessible, yet they remain a daily obstacle course

24

Whilst on the walk Whilst walking the councillor will be shown a number of features and asked to consider their usefulness in aiding navigation through the street.

Features and discussion points may include:

• Contrasting colours – what colours were used?

• Any designated areas such as cycle ways, floating bus stops – how did you keep out of the cycle path?

• Kerbs and dropped kerbs – how can these be used to keep you safe?

• Highway line – is it free from obstruction?

• Crossing points – could you find the rotating cones and hear the audible beep?

• Zebra crossings – how do you know it is safe to cross?

• Tactile paving – was it there? Was it contrasting?

• Permanent objects – the presence of street furniture, bins and lampposts

– could they be navigated? Were they contrasting?

• Temporary objects – were you able to avoid the A-boards? Did you have to walk out into the road when a car was parked on the pavement? Were you able to spot the road and pavement works before it was too late?

• How someone with a guide dog navigates the streets.

• How someone with a long cane navigates the streets.

• How someone with a symbol cane gets around.

Why they work Blindfold walks work because they are an interesting activity, providing a safe environment where everyone can come together and learn from one another. There is opportunity for decision makers to ask questions of residents living with sight loss, as well as to experience the obstacles and barriers for themselves. These events can be really useful when trying to improve an area or before the design and build of a new scheme.

Page 25: Street Charter toolkit - RNIB · With somebody becoming blind or partially sighted every fifteen minutes, our streets must be more accessible, yet they remain a daily obstacle course

25

When? From experience we know that holding these events in the winter isn’t always a great idea. Bad weather and bad light can make the events difficult although these are conditions which blind and partially sighted people face in reality. Day time is best and will give participants the best possible experience. As a rough guide, an hour is a good amount of time for the walk and discussion.

If the problem you are trying to address is related to a certain time or day, for example cars parked on the pavement or bins put out for collection, then it is probably best to arrange the walk to coincide with it.

We recommend having time before and after the walk to discuss the issues. This meeting can take place in a number of places – a local cafe, council offices or local society. The location just needs to be close to the area of interest. This is the opportunity for the organisers to go over the specifics of the walk with the participants, and offer insight of what it is like for people with sight loss walking the area.

It’s important that everyone meets up again after the walk, which will provide an opportunity for people to ask questions and share learning.

Where? We would recommend identifying the route in advance. If you’re doing a general walk, then try to pick areas which will highlight a number of issues – for example a high street.

Page 26: Street Charter toolkit - RNIB · With somebody becoming blind or partially sighted every fifteen minutes, our streets must be more accessible, yet they remain a daily obstacle course

26

Street walk An alternative to a blindfold walk is to take your councillors on a street walk – no sim-specs or blindfolds needed. Just walking up a street and pointing out the numerous obstacles that cross your path could be enough to get a councillor to think twice about the policies they have in place.

Making the experience sustainable We realise staff and councillors change. Why not ask if these blindfold or street walk sessions, or principles from these sessions, can be built into existing training or information that is provided on a regular basis.

Stick to these principles: • Keep it focused on sharing

experiences.

• Keep it focused on the everyday problems that blind and partially sighted people experience.

• Keep it fun and informal.

• Keep people comfortable – it will help them talk.

• Keep it active.

• Keep it safe.

Who? From the local council

It’s great for councillors to better understand the mobility issues faced by the people they represent. It’s also really valuable for local authority officers who are responsible for the street environment and highways to take part in the walks. Finally, any staff members who work on the highways, such as waste management staff, could really benefit from understanding how any obstructions on streets and pavements could affect blind and partially sighted people.

Blind and partially sighted people

If possible, try to get a group of people with different experiences of sight loss together to give a more balanced view of navigation and mobility. Whilst the sim-specs can simulate sight loss, they don’t explain everything. It’s good to understand that people use different mechanisms and aids to get around – the experiences of a symbol cane user to a long cane user to someone who uses a guide dog could be very different. Someone who has lived with sight loss for many years could be in a different emotional place compared to someone who has been more recently diagnosed. It’s also likely that people of different ages are likely to have different experiences.

Support staff and volunteers

It’s good to have support staff in place. They can be people who work with blind and partially sighted people such as Action for Blind People or RNIB staff, local society staff or local authority rehabilitation workers.

What do you need? You’ll need some sim-specs, which you can get from Visual Impairment North East at www.vine-simspecs.org.uk . We recommend that you have someone from a local society, local authority or Action for Blind People or RNIB train you in the use of sim-specs before you use them at an event.

Page 27: Street Charter toolkit - RNIB · With somebody becoming blind or partially sighted every fifteen minutes, our streets must be more accessible, yet they remain a daily obstacle course

27

Page 28: Street Charter toolkit - RNIB · With somebody becoming blind or partially sighted every fifteen minutes, our streets must be more accessible, yet they remain a daily obstacle course

RNIB Campaigns 105 Judd Street London, WC1H 9NE

rnib.org.uk/campaigns

Tel: 020 7391 2123 Email: [email protected]

© 2015 RNIB Registered Charity Number 226227 (England and Wales), SC039316 (Scotland) and 1173 (Isle of Man)