Levelling-up and Regeneration Bill

Written evidence submitted by Guide Dogs (LRB59)

 

Background

· Schedule 17 of the Levelling-up and Regeneration Bill seeks to make the regime for pavement licences for street furniture permanent [1] .

· In the summer of 2020, in response to the pandemic, the Government introduced emergency legislation [2] to temporarily reduce the consultation period for businesses applying for licences for street furniture.

· Guide Dogs was reassured that these measures would be temporary, but the Levelling-up and Regeneration Bill will make the regime permanent.

· Street clutter is one of the key concerns for people with sight loss. The cumulative impact of furniture on the pavement, alongside e-scooters and pavement parked cars, are increasingly making public spaces inaccessible.

To help make streets accessible for people with sight loss, Guide Dogs makes three recommendations on this Bill:

1. Retain the 28-day consultation period in the Highways Act

2. Introduce mandatory tactile markers or physical barriers around licensed areas

3. Remove automatic approval of licences

The following document outlines our concerns and recommendations. If any members would like further information or suggested amendments, then please contact Jessica Faulkner, Policy, Public Affairs and Campaigns Manager on Jessica.faulkner@guidedogs.org.uk or 0118 983 8316 [3] .

About Guide Dogs

Guide Dogs is here to help the two million people living with sight loss live the life they choose. Children and adults. Friends and family. Our expert staff, volunteers and life-changing dogs are here to help people affected by sight loss live actively, independently and well. Find out more at www.guidedogs.org.uk 

What are pavement licences?

A pavement licence is granted by the local authority and allows a business, generally pubs, cafes and restaurants, to put removable furniture on part of a pavement adjacent to the premises.

The furniture can be used by the licence-holder to sell or serve food or drink supplied from the premises or by customers for the purpose of consuming food or drink supplied from the premises.

What is the issue?

Our pavements are increasingly cluttered, and street furniture is an additional barrier for people with sight loss to navigate safely and independently.

Blocked pavements are one of the key concerns for people with sight loss; in 2021 our research found 81% of people with sight loss said that reducing obstacles on pavements and street clutter was important to improving their quality of life. In terms of priorities, this was one of the highest ranked quality of life issues, alongside an ability to maintain a decent income.

People with sight loss rely on clear and well-maintained pavements, with easily detectable objects placed in a consistent pattern, in order to travel safely and independently. However, public space is increasingly being given over for commercial purposes (for example, businesses or e-scooter/bike firms), or blocked by inconsiderate parking. An obstruction on the pavement can force people with sight loss into the road, potentially into oncoming traffic which they cannot see. People with sight loss may become more hesitant to go out as the pavements are increasingly blocked, reducing their independence and their ability to live lives they choose.

Guide dogs are trained to avoid street clutter, but many pathways do not allow enough space for guide dog partnerships to get through without going into the road. This can put the guide dog owner at risk. People with a vision impairment normally use the building line as their shoreline for orientation and navigation. Most long cane users use the building line and therefore any obstacles placed along this route could pose a hazard or make them veer off their line of travel. Having street furniture and clutter placed inconsistently along the footway makes using the walkways very difficult and stressful.

"It is really disorientating when new outdoor furniture is placed on the pavement without any warning. Even with a guide dog, trying to get around these obstacles are really difficult" – Guide Dog owner, Stu

The guidance for local authorities, published alongside the Business and Planning Bill 2020 [4] , and the Department for Transport’s "Inclusive Mobility: A Guide to Best Practice on Access to Pedestrian and Transport Infrastructure" [5] both recommend a minimum width clearance of 1500mm on the pavement in most circumstances. According to the "Inclusive Mobility" report, 1500mm "should enable a wheelchair user and a walker to pass each other." However, there is no evidence to support why 1500mm is a suitable minimum, compared to 2000mm. In busy areas in particular 1500mm does not provide enough space for people to pass safely, especially if there is outside furniture on the pathway. In the majority of cases, the reason outside furniture is used is because of the high footfall in that area. In some places, the minimum clearance is not occurring at all. We are particularly concerned where clearance is not maintained around controlled crossings for example. Cluttered pavements can force people with sight loss onto the road, potentially into oncoming traffic which they cannot see.

The random and often disorganised nature of street furniture makes it a significant physical obstacle for people with sight loss and other pedestrians with limited mobility. At present, the area in which street furniture is situated is not required to be marked with tactile or physical barriers, making it difficult for people with sight loss to navigate the pavement safely. Additionally, street furniture is not designed to be easily detected by people with sight loss. For example, colour contrast may be poor, or furniture may allow a long cane to be trapped underneath it, causing a trip hazard. While we welcome engagement with Department of Levelling Up officials on guidance, we do not believe the consultation period for obtaining licences should be permanently cut. Meaningful consultation with local residents is one of the only ways to ensure that streets are safe and usable for everyone. If pavement licences are to be granted for up to two years, the areas should be marked by tactile or a physical barrier to help people with sight loss navigate pavements.

In August 2022, the Government launched a trial on social prescriptions offered by GPs, including walking, in 11 local authorities across England [6] . Guide Dogs welcomes the focus on active travel and the role social prescriptions have to play in society, but encouraging active travel at the same time as limiting the space to be active in public spaces is inconsistent. We urge the Committee to consider this balance when considering the Bill.

What are our key concerns?

1. The consultation period remains short:

· Before the pandemic, the consultation period for obtaining a street licence was 30 days. This gave local residents time to become aware of any plans and consider their appropriateness and respond if necessary.

· The Business and Planning Act slashed this period to seven days. Schedule 17, section 6 of the Levelling-Up and Regeneration Bill increases the consultation period to 14 days, with an additional 14 days for the local authority to make a decision.

· The rationale for maintaining a reduced consultation period is not clear. There was an understandable motivation to allow as many businesses to be able to serve customers safely outdoors in the summer of 2020. However, circumstances have now changed.

· Short consultation periods tend to be inaccessible for people with sight loss. Short consultation periods rely on digital notices as well as notices at the venue. People with sight loss are more likely to be digitally excluded and physical notices at sites are likely to be inaccessible.

· Longer consultation periods are therefore preferable particularly for accessibility, participation and engagement from the wider community.

We believe that 14 days is still too short for a thorough consultation process and call for the 28 day consultation period in the Highways Act to be retained.

2. Length of licences

· Under Schedule 17, Section 8 of the Bill, licences can be held for a maximum of two years.

· Previously the Government was reluctant to require mandatory tactile or physical barriers to mark street furniture, as they were deemed temporary. The guidance provided to local authorities says that they should consider "any need for a barrier to separate furniture from the rest of the footway so that the visually impaired can navigate around the furniture" [7] . This guidance is not mandatory.

· As licences can be held for up to two years, we believe that the licenced area should be marked with mandatory tactile or physical barriers to ensure that people with sight loss know that they are approaching a potential obstacle or an area where part of the pavement has been given over to another use.

· An accessible barrier would feature colour contrast to help people with some residual vision identify it and a "tapping rail" at the top and bottom so that long cane users do not walk into them or get their cane trapped under it.

If street furniture is to be a permanent fixture on our streets, mandatory tactile markers or physical barriers should be introduced around licensed areas to help people with sight loss know that street furniture is there.

3. Automatic approval of licences

· Under the Business and Planning Act 2020 licences were automatically approved if the local authority did not process the application within 5 working days.

· This automatic approval has been retained, albeit with the slightly extended timescales.

We do not believe automatic approval for licences is appropriate. We appreciate local authorities are under pressure and may not be able to respond in the limited time available. We do not believe this warrants permitting furniture being placed on public streets without consultation or oversight.

Conclusion

Our streets are increasingly cluttered and street furniture is an additional barrier on the pavement for people with sight loss. Guide Dogs believes that, in order to make pavements more accessible for people with sight loss:

· The consultation period for pavement licences should return to 28 days.

· Licensed areas should be marked with mandatory tactile or physical detectable barriers.

· Licences should not be automatically granted after the deadline for a decision by a local authority has lapsed.

6 September 2022