CONEXIONES Y SOLUCIONES:
EL DESCENSO DEMOGRAFICO EN LAS NACIONES RICAS
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Reduction in street clutter and removal of barriers has resulted in an improved streetscape and a reduction in pedestrian accidents by 40%.
centre markings did not accord with Department for Transport design guidance.To address these issues an evidence-based method was applied during the first phase of the scheme. During this phase the impact of the changes on the behaviour of pedestrians was carefully monitored using on-site observations, CCTV and representatives from disabled and walking groups. Monitoring also included the use of records of personal injury collisions collated by Transport for London.
The initial results showed that such innovative change together with detailed design and risk assessment could be achieved without negative impact. The changes were therefore retained and the remaining phases built over a period of three years. The street improvements have not only improved the quality of streetscape but since the changes were introduced pedestrian accidents in the affected area have been reduced by more than 40%.
The safety audit component 065
The road safety audit component is carried out for most new road schemes, improvements to existing roads, traffic management schemes or major maintenance projects. The Institution of Highways and Transportation provides further detail on procedures.3 Most road safety audits are carried
out by the local highway authority, but they can also be done by the applicant, with the highway authority’s agreement. Safety audits are carried out on schemes promoted by county councils and developers (the latter as part of the planning control process). A safety audit is carried out at three distinct stages of a project:
• Stage I – feasibility and preliminary (conceptual) design. This should be considered at the masterplanning stage
• Stage II – detailed design
• Stage III – on completion, preferably before being open to traffic
At each stage the findings of the auditors, and any recommendations, are put in a formal report to the client for action. The design team does not have to accept the recommendations but they must provide justification in a written report for any they reject. Agreement must be reached with the auditor before proceeding with the project. The Manual for Streets calls for design teams and the audit team to work closely together to ensure that place-making is not compromised. Such collaboration can help designers to understand the importance of each of the recommendations and enable them to develop effective design responses.
Tracking
The tracking of vehicular movements should be checked at masterplanning stage to establish the viability of layouts, and at highways approval stage to check that vehicles can manoeuvre. Critical movements will be for:
• Refuse lorries, fire and delivery vehicles, and removal vans. (The Manual for Streets much reduces the impact of refuse trucks on layouts, compared to earlier standards)
• Buses, with space for stopping beyond the carriageway
• Emergency services (contact them to find out their access requirements)
Tools and techniques include proprietary software that will automatically check digital plans, and manual checks using known turning and sweep radiuses.
4.3.4 Adoption process
Consideration should be given to the most suitable management option for each part of the public highway. Table 4.3 details the legal requirements and key considerations for public highways and section 5.1 provides guidance on wider management issues. Where the highways authority is adopting the street, it is important that the highways standards are understood at the design stage. Where schemes are looking to deliver more creative and innovative solutions, discussions with highways should be initiated as early as possible, where appropriate through a collaborative design workshop (see section 1.5). This can help the designers understand the design’s parameters. Where existing standards cannot deliver the quality required, designers and scheme promoters should work with highways to develop and adopt new standards, potentially as part of the design codes.
Local authorities can provide certainty in what materials and street furniture they will be able to adopt by developing a limited pallete of special materials and street furniture. This can be set in local design guidance or adopted as a supplementary planning document. They can also work closely with design teams on high-quality projects to ensure that designs can be maintained easily and cost effectively. 066
Developers may wish to retain control over the street. This can bring benefits through enabling them to maintain higher-quality materials than highways can afford. In these cases the local authority can seek section 106 funding from the developer to ensure that streets are constructed and maintained effectively. This also benefits developers, exempting them from making advance payments under section 219(4)(e) of the Highways Act, as the highways authority can be certain that streets will not fall into disrepair.
If the local authority is not willing to adopt, a management company or residents’ trust can be set up (see section 5.2). A trust can, for example, take ownership of street trees where a highway authority is unwilling to adopt. It is important to know when creating the masterplan whether such management arrangements will be possible.
Buildings and service trenches can be protected from tree roots by simple, inexpensive tree-root barriers. These should satisfy property insurers and adopting authorities, although some persuasion may be necessary.
Lighting
Negotiate adoption agreements to ensure appropriate light quality (particularly for pedestrians and cyclists), minimise light pollution, save energy and reduce clutter. Street lights can be fixed to buildings if planned in advance with suitable legal agreements. This will eliminate the need for posts.
FROM VISION TO REALITY 4.3
HOME ZONES
Home Zones are streets where people and vehicles share the road space safely and on equal terms. Quality of life takes precedence over ease of traffic movement. Home Zones are designed to look different from conventional streets and are announced by the official Home Zone sign at their entrances. Motorists see that they should drive very slowly and give informal priority to other road users. Residents are encouraged to take interest and pride in their upkeep to foster a sense of ownership for the street.
Preferred ownership Highway authority (adoption)
Legal requirements
A local traffic authority may designate any road for which it is the traffic authority as a quiet lane or a Home Zone.
Section 268 of the Transport Act 2000 is the legislative basis for establishing Home Zones in England and Wales. See also The Quiet Lanes and Home Zones (England) Regulations 2006.
Key considerations and responsibilities
A residents’ association (which is part of a broader residents’ trust) is normally established to influence the upkeep and maintenance of the Home Zone. Areas used by vehicles which have street lighting and main drainage are owned and maintained by the highway authority.
PUBLIC HIGHWAY (carriageway or footway)
The public highway generally consists of the road surface (the carriageway and the footway/pavement).
Preferred ownership Highway authority (adoption)
Legal requirements
Highways Act 1980 (as amended)
Section 37 (1): a developer can give notice to the authority that he or she intends to dedicate a street as public highway.
Section 38: gives highway authorities the power to adopt new highways by agreement. Section 41: places a duty on highway authorities to maintain adopted highways. Section 278: provides for payment to highway authorities for highway works and their maintenance.
Section 219: advance payments code provisions.
Section 50: requires any person or organisation (other than a statutory body) wishing to place, retain or thereafter inspect, adjust, repair, alter or renew apparatus, or change its position, including removing it from the highway, to obtain a street works licence.
Key considerations and responsibilities
Application and agreement to open up the highway
Public utilities (e.g. gas, electric and water companies) have statutory undertakings to provide services, and may break open and work in the highway under these powers. Permission is required to work in the highway and the work must be completed by an accredited contractor. The contractor will deal with the relevant forms and advise on fees.
PRIVATE ROADS (and shared private drives)
A private street is a road that is not maintained at the public expense by the highway authority.
Preferred ownership Landowner or individual owners of properties abutting the road
Legal requirements
Responsibility for maintenance of a private street is written into the deeds of the street owner’s properties or land.
A highway authority has no responsibility for the maintenance of private streets but it can take any action ‘against encroachments or obstructions where the rights of the general public have
been affected’ and it can promote traffic regulation orders.
Where a private street (including a cul-de-sac, footway, square or alley) is not adequately paved, drained or lit, the county council can decide to execute street works and to charge the cost of them to the owners of properties which front, abut or adjoin the street. The cost of the works is apportioned to each property owner according to the amount of frontage to the street. The making up of private streets to an adoption standard (whereby the county council will assume the future maintenance liability) is covered by legislation contained in Part XI of the Highways Act 1980. The costs of constructing a street to adoption standards must be met by the street owners or residents.
Legal requirements
A new footpath can be created under section 25 or 26 of the Highways Act 1980 by the local authority through agreement (a public path creation agreement) or compulsory powers (a public path creation order, which requires confirmation by the secretary of state). The creation of a footpath may require consultation with neighbouring authorities. There is no statutory requirement to consult with user groups, or parish or community councils.
The Highways Agency has powers to create new footpaths within an existing trunk road boundary or by extending the highway boundary into land alongside an existing trunk road owned by the Highways Agency. Local authorities have powers to create new footpaths under the
Highways Act 1980.
BRIDLEWAYS
Bridleways provide a right of way on horseback, foot and bicycle. Bridleways are shown on the definitive map held by local highway authorities. The Countryside Act 1968 gave cyclists the right to use bridleways but they must give way to other users.
Preferred ownership Local authority or Trust
Legal requirements
A new bridleway can be created under section 25 or 26 of the Highways Act 1980 by the local authority through agreement (a public path creation agreement) or compulsory powers (a public path creation order, which requires confirmation by the secretary of state). The creation of a bridleway may require consultation with neighbouring authorities. There is no statutory requirement to consult with user groups, or parish or community councils.
The Highways Agency has powers to create new bridleways within an existing trunk road boundary or by extending the highway boundary into land alongside an existing trunk road owned by the Highways Agency. Local authorities have powers to create new bridleways under the Highways Act 1980.
CYCLEWAYS
A cycle track is defined as ‘a way constituting or comprised in a highway, which the public have rights of way on pedal cycles with or without a right of way on foot’. Cycle tracks may be created through conversion of a footway or footpath, or newly constructed.
Preferred ownership Highway authority (adoption) or Sustrans (the sustainable transport charity)
Legal requirements
To convert all or part of a footpath to a cycle track, a footpath conversion order must be made, applying to the appropriate width of the footpath. Footpath conversion orders are made under section 3 of the Cycle Tracks Act 1984 and the Cycle Tracks Regulations 1984 (SI1984/1431). Having obtained the necessary consents where the footpath crosses agricultural land, and having undertaken the required consultation process, a footpath conversion order is made by the local highway authority. If there are unwithdrawn objections, the order has to be confirmed by the secretary of state, if necessary after a public local inquiry. If there are no objections, or the objections are withdrawn, the order can be confirmed by the local highway authority. Section 2 of the Cycle Tracks Act 1984 applies. The adjacent or shared-use track should be clearly signed. The status of footpaths in certain parks and the ability to convert them to cycle use may be determined by local or private acts of Parliament. Local park by laws may also be applicable. A number of London’s parks are Royal Parks, where specific statutory procedures apply. Each situation should be examined individually to establish its legal status.
FROM VISION TO REALITY 4.3