Protest in the park with us tomorrow

Please REMBEMBER that this protest is at 11.30am tomorrow - Saturday 22nd September - in Eastleigh Rec at the bandstand.

It really is vitally important that as many people as possible support this protest so we can let the council know that their plans are totally unacceptable.  Therefore, please let your friends know and bring as many people as possible with you in the morning.

Scroll down from this blog to see more information about Stoneham Park.

Cyclists again

What a lot of interest there's been in my last ;post about cycling on the pavement.  On my Facebook page I had a comment that the 1835 Highways Act Act came out before bicycles so I looked it up and this is what I found:

Cycling on pavements, footpaths or footways. - The law

 

By Dave Escandell

With the increase in cycle usage over the past few years comes the potential for conflict between cyclists and other road users, pedestrians and land owners. The laws, rules and  rights that apply to cyclists can be confusing, conflicting and contradictory. Having a better understanding of your rights should lead to more enjoyable and safer riding for everyone.

(Foot) paths: What are they?

Children, new cyclists, inexperienced cyclists and those without knowledge of existing legislation often cycle on footpaths. This may be understandable in some of our large urban areas, where road junctions consist of a number of lanes that converge and lead traffic in multiple directions. Cycling in this traffic can be daunting, but choosing to cycle on a footpath can be against the law, and the road or ‘carriageway’ is where you and your bicycle should be, unless directed otherwise.

The status of a footpath can become confusing for both cyclist and pedestrian, as many local authorities allow bicycle access to what appear to be footpaths, bringing the cyclist into possible conflict with pedestrians. So what is a footpath? And where can you ride your bicycle?

This is the legal position on the matter:

• a footpath means a highway over which the public have a right of way on foot only, not being a footway [Section 329(1) Highways Act 1980].
Cyclists have no right to cycle on a footpath, and it might be legally prohibited if local bye laws or traffic regulation orders are in existence.

• a footway means a way comprised in a highway, which also comprises a carriageway, being a way over which the public has a right of way on foot only [Section 329(1) Highways Act 1980]. 

Therefore, a footway is considered to be the pavement at the side of a carriageway. Section 72 of the Highway Act 1835, amended by Section 85(1) of the Local Government Act 1888, prohibits cycling on any footway. An offence is committed if one ‘shall wilfully ride upon any footpath or causeway by the side of any road made or set apart for the use or accommodation of foot-passengers or shall wilfully lead or drive any carriage of any description upon any such footpath or causeway’.

One hundred years after the amended Act, cycling on a footway became punishable by a fixed penalty notice – usually £30 – under Section 51 Schedule 3 of the Road Traffic Offenders Act 1988.

• a walkway is a footpath under a walkway agreement [Section 35 of the Highways Act 1980]. Cyclists’ rights on these areas are very much dependant upon local authority bye laws and as such differ from authority to authority.

So, while the legislation attempts to clarify the position on where people can and cannot ride bicycles, in reality the law remains very confusing. Many, including cyclists, motorists, local authorities and the police, are either not aware of the legislation or simply believe that it covers all paved areas. This is not the case.

 

Section 72 of the Highways Act 1835 and it’s 1888 amendment was not intended to apply to all footpaths. Its aim was to protect footpaths or causeways that run by the side of the road, leaving them free for pedestrians. This was later reinforced by the introduction of the fixed penalty notice on such footpaths.

However, while cyclists do not have a divine right to cycle on footpaths in parks, shopping areas or other pedestrianised areas, it is not prohibited. The fixed penalties do not automatically apply to footpaths where there is not a road or any of the above mentioned areas. These can only fall into a fixed penalty scheme where a local byelaw prohibiting cycling in such an area has been passed, and even then they do not apply to under 16’s.

Where a local byelaw is in place, it should be clearly signed. However, many signs can fall into disrepair and are often not seen. According to the Department for Transport's Code of Conduct, ‘In pedestrianised areas, only ride your cycle if there aren't too many pedestrians about; otherwise dismount and push it."

Pushing your bicycle along any footpath is allowed. By doing this you would be considered to be a ‘foot passenger’. In his Court of Appeal Judgement in Crank v Brooks, Waller LJ said:

"In my judgment a person who is walking across a pedestrian crossing pushing a bicycle, having started on the pavement on one side on her feet and not on the bicycle, and going across pushing the bicycle with both feet on the ground so to speak is clearly a 'foot passenger'. If for example she had been using it as a scooter by having one foot on the pedal and pushing herself along, she would not have been a 'foot passenger'. But the fact that she had the bicycle in her hand and was walking does not create any difference from a case where she is walking without a bicycle in her hand."

 

So this is the law and it must be enforced.  However, motorists should take note of this comment on my Facebook page:

 I'm a cyclist and refuse to cycle on the pavement, even when cars get angry at me for being in the road.I've been knocked off my bike by selfish ignorant drivers 4 times, yet i still agree if you cycle on the pavement, you are a hazard. its the drivers that make cyclists go on the pavement. 

Please help me to get this legislation enforced.

Are cyclists above the law?

This afternoon I was walking east towards the pedestrian crossing on Romsey Road, Eastleigh, when all of a sudden I heard a voice behind my right shoulder:  "Excuse me, mi:e."  I nearly jumped out of my skin: it was a cyclist trying to ride past me on the narrow pavement.  I stepped out of the way and then another cyclist followed him at a fairly rapid pace, making me feel really vulnerable.  This is where I was.  You can see that the cycle way starts after the crossing.

This is the beginning of Romsey Road:

As you can see, there's no cycleway here either and the law is quite clear:

The Highway Code

Rules for cyclists (59-82)

64

You MUST NOT cycle on a pavement.

[Laws HA 1835 sect 72 & R(S)A 1984, sect 129]

They ignore traffic lights, frequently don't have lights at night and frighten - and perhaps injure - pedestrians.

So I have contacted Hampshire County Council and the police and intend to start a campaign to make cyclists comply with the law.

Protest in the Park

I've just returned from Eastleigh Market, right by the entrance to the Rec, where we've been giving out leaflets - "Save our Green spaces and Strategic Gaps."

And I'm very pleased to report that the response has been excellent.  This is the leaflet:

On the reverse we say:

This is your only chance to get your objections considered by the Independent Planning Inspector.  We have until just the 12th October 2012. 

What can You do?

You can find details of the lates t revised plan at the council offices, library or online at www.eaastleigh.gov.uk/localplan

You can respond anytime from August 17th to October 12th by e-mailing localplan@eastleigh.gov.uk , by downloading the online form or by putting your comments in writig t the Policy Planning Team, Eastleigh Borough Council, Civic Offices, Leigh Road, Eastleigh SO50 9YN.

You can comment on the documents issued on 17th August which are available forn consultation:

Pre-submission Eastleigh Borough Local Plan 2011-2012

Sustainability Appraisal Report

Habitats Regulations Assessment

Transport Assessment

All previous comments submitted by you will not be seen by the Independent Planning Inspector, as that stage was "passed" by the council.

This is now finally your last chance for your voice to be heard!!

The formal examination of the plan and your objections to it should start in Spring 2013.

Why should you care?

For the past 20 years considerable work has been done to protect and restore the "Avenue" area of Stoneham Park, the last surviving Capability Brown landscape in the Southampton area.

Now in 2012 the entire parkland is threatened with 1,300 houses, yet in 1996 61 acres of this parkland was acquired by Hampshire County Council for its long term protection.

From 1991 to 2001 a landscape restoration project was carried out by the Itchen Hamble Countryside Project, funded by the redevelopment of the local Rectory and its grounds - using substantial resources, just under £200,000, volunteer time and goodwill.

Between 208 and 2011 the Stoneham War Shrine was restored to provide a focus for the preserved landscape and, importantly, to encourage the ongoing conservation of the parkland.  The parkland's future seemed secure, but in July this year Eastleigh Borough Council voted for this entire area to be scheduled for development with 1,300 houses in the approved local plan.

Traffic 

 

1,300 houses will bring at 2,600 cars to the adjoining Stoneham Lane Chestnut Avenue which, at peak times are already experiencing 107% traffic saturation!!  This will bring a total standstill to the whole of Eastleigh as traffic tries to enter and leave the M27 and even to pass through Eastleigh.

Local Tip

It is also intended to move the local recycling centre from Passfield Avenue to Stoney Croft Rise, off Chestnut Avenue, and it will be FIVE TIMES as large as the existing one.  At certain times of the day the existing tip causes considerable congestion in Passfield Avenue.

Please would you support us in opposing these ill-thought-out plans and attend next week's Protest in the Park at 11.30am, The Band Stand, Leigh Road, Eastleigh.

Gotcha - Charity Bags!

This morning I saw someone pushing a charity bag through our letterbox, so I found the key and opened the door.  Just down the door I found the young man who had delivered it.

If you have read my previous posts on this you will recall that my wife put this notice on the door:

"No more charity bags, please," so I asked the young man if he understood English.  The answer was a blank stare, so I opened the charity bag he had just delivered, turned it inside out and put the bag it was in inside it.  I then opened a bin and made a pantomime of throwing it away.

In fact, it's now under the sink waiting to be filled with our rubbish.  Would it be a good idea to remove our notice, as the deliverers don't seem to understand English anyway, and just keep the charity bags as binliners, which we do anyway?

Which brings me to another point:  In my car I keep shopping bags so I don't have to use the supermarkets' plastic bags - but I always forget to take them into the store.  Therefore we have a mass of these at home.  The problem is that the stores won't take them back as they've been used, but we need some way of recycling them.  Who would use these plastic bags? 

What I should do, of course, is just to refill the trolley with my shopping and pack it into the bags I have in my car, but I don't do so as sometimes it's raining at other times I don't feel I have the time.  However, it still doesn't solve the problem as to what can be done with all the bags we're collecting.  Any suggestions?

Careless Parking Can Cost Lives - Emergency Vehicles!!

Due to my having been nominated to stand for the County Council elections next year, and my interest in road safety, I was invited to Southsea Fire Station for a short demonstration on careless parking in Portsmouth.

Every week fire vehicles are delayed because of careless parking. The average fire engine is 2.6m (8.5ft) wide and 8m (26ft) long, and needs room to negotiate narrow streets. Careless parking is causing significant delays to fire engines attending incidents and where someone’s life could be at risk and their attendance time is crucial.

So we followed a fire appliance - as they call it - or a fire engine to us, through some rather narrow streets and were horrified to see just how long it could be delayed by carelessly, or thoughtlessly, parked cars.  It took this fire engine over 10 minutes to negotiate this gap:

This what the firemen were confronted with when they arrived at the corner and then the driver had to be directed through:

You can see that the drivers of the cars in this photo gave absolutely no thought to how a wide vehicle could get through the gap they had left.  It could be their own lives or property at risk.

It must have been very tempting just to push the Ford Focus on the left out of the way, but fire appliance drivers aren't allowed to do that.

Almost through!

And now to the fire!  As I said, this took over ten minutes, by which time the fire could have been very much more advanced and it could have been really difficult, or even impossible, to rescue trapped people.  I have mentioned thoughtless parking before, but these pictures are a graphic reminder that it can even cost lives.

With this in mind, and as a meber of the Institute of Advanced Motorists, I asked Gary Elston, Road Safety Liaison Officer for Hampshire Fire and Rescue Service, what else concerned them about motorists' behaviour.

"People don't know what to do when they see a fire appliance," he said.  "They hesitate, when they should just pull over to let the appliance through.  Fire engines are big lorries and should be treated as such.  They have to travel quickly and dithering motorists cause the driver to have to concentrate overly on  extra hazards.

This is what the Highway Code says:

219

Emergency and Incident Support vehicles. You should look and listen for ambulances, fire engines, police, doctors or other emergency vehicles using flashing blue, red or green lights and sirens or flashing headlights, or Highways Agency Traffic Officer and Incident Support vehicles using flashing amber lights. When one approaches do not panic. Consider the route of such a vehicle and take appropriate action to let it pass, while complying with all traffic signs. If necessary, pull to the side of the road and stop, but try to avoid stopping before the brow of a hill, a bend or narrow section of road. Do not endanger yourself, other road users or pedestrians and avoid mounting the kerb. Do not brake harshly on approach to a junction or roundabout, as a following vehicle may not have the same view as you.


Gary said there's no need to panic as fire engines can't go fast so there's plenty of time to look for a safe place to pull over.  The problem I find is that when I get out of the way for an emergency vehicle, cars behind me just overtake, completely ignoring the flashing lights behind them.

I shall devote another post to defensive driving - being aware of what's going on around you - but this shows tat people don't read the road or look in their mirrors.

Lib Dems throw good money after bad

Portsmouth City Council approve Supporters' Trust loan

Portsmouth City Council has agreed to loan the Pompey Supporters' Trust (PST) £1.45m so it can put together a deal to buy the club from Balram Chainrai.

The PST has offered Chainrai £2.75m for the club, including Fratton Park, but need a temporary bridging loan to help make up its offer for Pompey.
The Trust says it has raised £3m in pledges, with £1m on deposit already.
The loan comes with requirements such as the Trust obtaining the remaining £11.7m in parachute payments.


Why do Lib Dems spend council tax payers' money on rescuing failing football clubs and cricket grounds?  Both Ageas Bowl and Portsmouth Football Club are disastrous financial investments, which proves that Lib dems are not competent to manage our money.