Guide Dogs take legal action against the Royal Borough of Kensington and Chelsea Council
09 November 2009Solicitors acting for Guide Dogs have issued a Judicial Review challenge in the High Court to the legality of the Royal Borough of Kensington and Chelsea’s (RBKC) plans for a dangerous shared surface street in Exhibition Road.
In taking this action, Guide Dogs wants to ensure the safe and independent mobility of thousands of local blind and partially sighted people, disabled and elderly people, and young children. The charity supports any development that encourages reduced clutter, lower traffic speeds and greater freedom of movement for pedestrians but not at the expense of vulnerable pedestrians through the arbitrary removal of kerbs, without an acceptable, proven alternative. It is estimated the redevelopment will cost £25m, partly funded by the Mayor of London.
Under the current plans, the road and pavement would be built at the same level only separated by untested corduroy paving (a profiled surface of a series of rounded bars) rather than using the traffic sign required by legislation. Guide Dogs – supported by research in the UK - has found no suitable alternative to a kerb to delineate a road.
The essence of the Judicial Review is that the scheme adopted by RBKC is unlawful and puts the 19m visitors per year to Exhibition Road and other pedestrians at serious risk.
The current legislation requires the edge of a carriageway to be marked with a white line. Guide Dogs does not think that a white line on its own would provide the same safety as a kerb. Without a white line and a kerb, Guide Dogs considers the only lawful approach by RBKC is to approach the Department for Transport (DfT) for special authorisation for this scheme.
This is the first time in the charity’s 77 year history that it has taken legal action in this way.
Full article: here.
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