Council Overview and Scrutiny - Improving Services for the Community

LOWER WALK SCRUTINY FINAL REPORT

Lower Walk FINAL REPORT Overview and Scrutiny - Improving Services for the Community

CONTENTS PAGE

1.0 Foreword by Chairman 3

2.0 Background Information 4

3.0 Methodology 5

4.0 Detailed Findings and Recommendations

4.1 History and Current Position 5 4.2 Key Issues 6 4.3 Public Consultation 7 4.4 Consultation with Lancaster City Council 8 4.5 Consultation with Constabulary 9 4.6 Consultation with Beach Patrol 10 4.7 Consideration of Other Options 11 4.8 Overall Conclusions 11 4.9 Recommendations 12

5.0 Financial and Legal Considerations 14

Action Plan 17

Appendix A – Meetings of the Working Group

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1.0 Foreword

This scrutiny was initiated following a number of objections submitted to the Tourism and Regeneration Overview and Scrutiny Committee regarding the enforcement of a Traffic Regulation Order along the Lower Walk parade of the Promenade. These objections were submitted by anglers, who used the area to fish from. Prior to the enforcement, anglers had used their vehicles to assist in accessing the area with their equipment and as shelter from heavy wind and rain whilst fishing. They were unhappy with the introduction of the enforcement, as it prohibited them from using their vehicles and created access issues for disabled and elderly anglers. They requested that the Council consider ways in which they could continue to use their vehicles, for fishing purposes only.

We agreed that an examination of the original Traffic Regulation Order was required, together with a thorough analysis of alternative options that may improve accessibility and use of the area for anglers. We were conscious however that the area is a predominately pedestrianised area and therefore any considerations regarding the introduction of vehicles to the Lower Walk area would require due regard to pedestrian safety.

The Working Group consulted with a range of partners and with members of the public to analyse the access issues and assess the impact of a vehicle permit scheme for anglers. Having considered the feedback from the partners and the evidence gathered, as detailed in this report, we would like to submit a number of recommendations that we believe will resolve access issues for anglers, while still ensuring that the area is a safe and pleasant area for pedestrians. We also believe that the recommendations will actively promote angling within Blackpool, which will therefore positively contribute to the town’s tourism offer, increase the number of visiting anglers and boost the local economy.

On behalf of the Working Group, I would like to thank , Lancaster City Council and each of the local residents who engaged with the scrutiny review and submitted their thoughts and opinions on the issues contained within this report. I would also like to thank the officers within the Council’s Transportation, Beach Patrol, Quality Standards and Licensing services who contributed to this scrutiny review so that it could be completed in a timely manner and I freely acknowledge the help and assistance given to me by the other Councillors on the Committee.

Councillor Mrs Joyce Delves

Lead Member of the Lower Walk Working Group

July 2010

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2.0 Background Information

2.1 In October 2009, the Tourism and Regeneration Overview and Scrutiny Committee considered a report on the enforcement of the Traffic Regulation Order along Lower Walk. The Committee was informed that arrangements had been made in 2009 to sign the area between North Pier and the Borough boundary at Anchorsholme. Prior to this, correct signage had not been installed due to insufficient resources and therefore enforcement could not be effectively undertaken. As a result, anglers had become accustomed to driving their vehicles down to the parade areas. They claim that due to the high number of steps it is a difficult area to access with heavy equipment, particularly for anglers with a disability.

2.2 A number of anglers had submitted objections against the new enforcement to Elected Members of the Committee and had requested that the Council consider implementing a permit system that would allow individuals to use their vehicles on the parade area for fishing purposes. In response, the Committee requested that Transportation Services officers undertake a preliminary investigation to ascertain the feasibility of a permit scheme, for the following reasons:

• the detrimental impact on disabled anglers not being able to access the area; • that anglers had used the area for a considerable length of time, with no reported incidents involving pedestrian safety; and • that fishing should be actively promoted within the town as a healthy sport for residents and to enhance the town’s tourism offer.

2.3 The Committee considered the preliminary investigation and agreed that a more detailed evaluation be undertaken that took into account anglers’ views. It was therefore agreed in February 2010 that a Lower Walk Scrutiny Working Group be established with the aim to undertake a detailed examination of the original Traffic Regulation Order and a thorough analysis of alternative options that may improve accessibility and use of the area for anglers. Councillors Joyce Delves, Fred Jackson, Jim Price, Tony Brown and Robert Wynne volunteered to sit on the Working Group and upon first meeting, agreed to the following objective:

“to undertake a thorough examination of all the possible options that may enable a vehicle permit scheme to be effectively implemented for fishing purposes.”

2.4 In April 2010, Councillor Jackson was replaced by Councillor Gary Coleman on the Tourism and Regeneration Overview and Scrutiny Committee, and therefore also on the Working Group, for the Municipal Year 20010/11.

2.5 Issues that were considered throughout the course of the review included:

• The initial Traffic Regulation Order for the Lower Walk area. • Impact of the Traffic Regulation Order on anglers using Lower Walk. • Possible permit systems that could be implemented. • Impact of a permit system on issues such as traffic control and pedestrian safety.

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• Other alternative solutions that may improve access to the area.

2.6 Blackpool Council Corporate Plan 2010/11

2.6 It was identified that the scrutiny review would help the Council to achieve a number of goals and objectives, as outlined in the Council’s Corporate Plan 2010/11, including:

Goal 1 – Improve Blackpool’s Economic Prosperity

• Provide high quality, all year-round reasons to come to Blackpool.

Goal 4 – Improve the Health and Well-Being of the Population

• Encourage healthy lifestyles and emotional well-being for the whole population.

3.0 Methodology

3.1 During the review, the Working Group consulted with officers from Transportation Services, the Beach Patrol section and Lancashire Constabulary to discuss access issues relating to the Lower Walk area, consider the possibility of implementing a permit scheme for vehicles and evaluate alternative solutions. The Working Group also carried out an open consultation session for members of the public. An outline of the meetings is attached at Appendix A.

4.0 Detailed Findings and Recommendations

4.0.1 The following information outlines the current position of traffic enforcement procedures relating to the Lower Walk area, consideration of key issues and an overview of consultation and evidence gathering. The section concludes with a recommendation that the Working Group believe will improve access for anglers to the Lower Walk area, whilst still ensuring that the area is a safe and pleasant area for pedestrians.

4.1 History and current position

4.1.1 The area to the west of the tramway is owned by the Council and is designated as an area for recreational purposes only ‘by people on foot’ by the County of Lancashire Act 1984. A change to the use of the area therefore requires a legal process involving the advertisement of the proposed change, consideration of objections and subsequently the amendment of the current legislation. On occasion, dispensation to the restrictions can be applied for such as to allow for particular events and for the servicing of premises requiring access by vehicle.

4.1.2 In 2005, responsibility for parking enforcement was transferred to local authorities from police constabularies. However, although it was still illegal for vehicles to use and park along the parades, the Council did not have a simple form of legislation that could facilitate successful enforcement against prohibited vehicles. To rectify

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this, the Council sought legal advice which concluded that due to the linear nature of the area west of the tramway, it could be classified as a private road and therefore a Traffic Regulation Order could be applied. A Traffic Regulation Order is the legal instrument by which local authorities are able to implement traffic management controls on their roads. They are designed to regulate, restrict or prohibit the use of a road by vehicular traffic or pedestrians. To adequately enforce an Order, adequate signs must be placed on or near the road to which it applies and be maintained for the period that it remains in force.

4.1.3 When the Council applied the Traffic Regulation Order in 2005, there was only sufficient funding for signage to be installed from the Sandcastle to North Pier. While the area beyond North Pier to the Borough boundary at Anchorsholme was also covered by the same order, as the Council was unable to renew the signage it did not comply with current regulations and therefore the Order could not be enforced. As a result, individuals became accustomed to driving and parking their vehicles onto the parades for angling purposes. Officers from the Transportation Services section reported that this had caused a number of complaints to Ward Councillors and from Lancashire Constabulary due to increasing problems with vehicles parking and travelling. In the interest of pedestrian safety, the Council considered that signage was now required and funding was designated for the Order to be reviewed, readvertised and adequately signed.

4.2 Key issues

4.2.1 In the first stage of the review, the Working Group considered that it was important to consult with the Council’s Transportation Services section in order to explore the feasibility and legality of implementing a designated permit scheme, which would allow motorists to park their vehicles for angling purposes in the Lower Walk area. It was also considered that officers in this section had the knowledge and expertise to provide Members with guidance on the key issues that would need to be considered to assess the value and practicality of a permit scheme.

4.2.2 The Head of Transportation advised that the introduction of vehicles into any area that is used heavily by pedestrians involves a significant risk, the level of which is dependent on a number of factors, such as the number of pedestrians in the area at any one time, the number of vehicles in the area in any one time and the standard and safety of motorists’ driving while in that area. Nevertheless, a permit system could legitimately be introduced by means of a change to the County of Lancashire Act and careful consideration would need to be made to the following issues:

• The possibility that a designated permit scheme for anglers would set a precedent and therefore other groups who use the Promenade and beach, such as jet skiers and kite surfers, may also request a permit. How would the Council be able to defend any decision to grant a permit to one group over another? • Stringent management and enforcement of the permit scheme would be essential to ensure that the permits were being used legitimately. How could this be undertaken? • What criteria would the Council use to select individuals eligible for the permit?

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• A decision to issue permits to disabled individuals could be potentially problematic due to the significant number of Blue Badge holders currently residing on coast, which is around 30,000. What would be the potential interest from this group? • An increased possibility that non-permit vehicles will follow permitted vehicles onto the Lower Walk area on the assumption that access was authorised. This had previously been a problem at the pedestrianised section of St John’s Square. Was this likely?

4.2.3 The Working Group used these questions to form the basis of the next stages of the review, focusing on consultation with key partners and members of the public and in seeking best practice guidance from authorities who already operate similar permit schemes.

4.3 Public consultation

4.3.1 The Working Group held a consultation session on 19 th May 2010 to provide anglers and other interested parties the opportunity to present their views on access to Lower Walk. Each Member of the Working Group conducted direct one- to-one discussions with attendees, using a questionnaire sheet as guidance to gauge views on access issues to the Lower Walk area.

4.3.2 The event had a very positive attendance, with a total of 34 consultation question sheets submitted by individuals. An analysis of the completed questionnaires indicated that:

• Anglers choose to fish on average two or three times per week. • 100 per cent were in favour of a permit scheme. • 42 per cent classed themselves as having a disability / mobility issues (48 per cent report no disability; 10 per cent no response). • 40 per cent reported access issues to Lower Walk. • 24 per cent reported access issues to Lower Walk only in instances of bad weather / poor lighting (27 per cent no access issues; 9 per cent no response)

4.3.3 The anglers, who were unanimous in favour for a permit scheme, were questioned on their reasoning as to why vehicles should be permitted in the area. Predominately, anglers identified the assistance that vehicle use had on disabled and elderly individuals, providing them with safer and easier access to the parades without the need to carry heavy equipment down a significant number of poorly lit, steep steps.

4.3.4 As adverse weather conditions are frequent in this area, anglers also used their vehicles as shelter against strong winds and heavy rain. They reported that while it is a good area for fishing, it is not necessarily always a pleasant area to fish and this was demonstrated in the significant decrease in the number of anglers following the enforcement of the Traffic Regulation Order. One local business who provided fishing supplies also reported a significant decrease in turnover since the enforcement was introduced as a result of declining visits by anglers in the area.

4.3.5 Anglers also believed that they effectively contributed to the safety of the area by reporting emergency incidents and instances of criminal behaviour to Lancashire

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Constabulary, the Council and Beach Patrol. A proportion of anglers reported that while fishing in the area, they had spotted individuals encountering difficulties along the beach and notified the relevant organisation, such as Beach Patrol. They were also a valuable deterrent against Anti-Social Behaviour in the area, an account that was supported by a representative of Lancashire Constabulary who confirmed that two reported incidents in the area were directly from anglers alerting them to the behaviour of others.

4.3.6 To conclude, the consultation also demonstrated that it was not just Blackpool residents that enjoyed fishing in the town. Individuals from other areas, such as , Bolton, Preston and Kendal also regularly travelled to the town to fish. They advised Members that prior to the enforcement, they regularly fished from Lower Walk and spent money in local fishing tackle shops and cafes, thus contributing to the local economy of Blackpool.

4.3.7 Working Group Conclusions regarding Public Consultation

4.3.8 Members considered that the high proportion of anglers who have a disability and / or access issues to Lower Walk needs to be addressed. There are a significant number of steps from the Cavendish Road entrance on the Promenade which are steep and reportedly in a state of disrepair. Furthermore, anglers tend to fish predominately during the night, during which the area is poorly lit and often subject to adverse weather conditions, causing additional access issues even for individuals without a disability or mobility impairment.

4.3.9 With regard to anglers being ‘the eyes and ears’ of the area, Members acknowledge that the anglers will still be there to report any incidents occurring despite the prohibition of vehicles. However, clearly there are increasingly less anglers using the area to fish as a result of the enforcement which ultimately would have an impact on the possibility of anglers noticing and reporting incidents.

4.3.10 Furthermore, the Working Group considers that fishing and angling is a sociable and relaxing pastime, particularly for those with mobility issues and for all ages. It therefore actively contributes to Blackpool’s Council’s Goal 4 priority to “improve the health and well-being of the population” . Members also consider that the popularity of Lower Walk with non-residents also contributes to the Council’s Goal 1, “Improve Blackpool’s Economic Prosperity” and is an important addition to Blackpool’s tourism offer.

4.4 Consultation with Lancaster City Council

4.4.1 Lancaster City Council currently operates a permit scheme to allow disabled anglers to park their vehicles in designated areas along Promenade. The Working Group contacted the Council to request specific information on the management and operation of the scheme. The Promenade / Outdoor Facilities Manager advised that there are a number of slipways along the Promenade which provide access from the main road. The slipways are zoned for different coastal sports, i.e. powered and non-powered, with one slipway specifically for disabled anglers only. Access is controlled by the use of a power bollard and a swipe card that is issued to anglers. The slipways provide access to allocated parking bays which are available on a ‘first come first serve’ basis.

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4.4.2 Disabled anglers qualify by holding a Blue Badge and there is no limit to how many permits are issued on an annual basis. However, all permit holders are informed that once designated parking is full (a situation that has rarely occurred), parking in other areas is prohibited. The Promenade Manager stated that there is no restriction on how many permits are issued and that the six designated spaces are very rarely unavailable. The fee for the permit is £12 per year.

4.4.3 Lancaster City Council confirmed that there have been no reported incidents regarding pedestrian safety as a result of the permit scheme. Markings on the Promenade make pedestrians aware of vehicle access and the permit conditions stipulate that vehicles do not travel in excess of 10 mph and must have hazard lights on. Furthermore, access onto the Promenade is relatively close to the slipways, therefore vehicles do not need to travel long distances along the pedestrianised area.

4.4.4 Working Group Conclusions regarding other Permit Schemes

4.4.5 The Working Group considers that this was a positive example of a permit scheme that effectively managed the use of vehicles within a pedestrainised area. They felt that the conditions imposed on the permit reduced the risk of safety- related incidents.

4.4.6 With regard to the issue raised by officers from the Transportation Services section at paragraph 4.2.2, regarding the high level of Blue Badge holders on the Fylde Coast, Members note that Lancaster’s Blue Badge eligibility criteria has not resulted in a significant over-capacity of permit schemes as the designated spaces are rarely full. Therefore, the Members feel that in practice, the issue raised regarding the approximate 30,000 Blue Badge holders on the Fylde Coast is not a major concern.

4.5 Consultation with Lancashire Constabulary

4.5.1 The Working Group is aware of three letters that were previously submitted by Lancashire Constabulary in 2006, 2007 and 2010 from Community Beat Manager Colin Howorth. The letters demonstrate concern with the use of vehicles “driving along the middle and lower walks of the pedestrian sections of the promenade, between Gynn Square north to Princes Way.” The letters add that motorists use the walks as a short-cut to avoid delays on the Queens Promenade. Upon analysis of the letter, it is apparent that the issue highlighted in the letters predominately relates to the improper use of the area by motorists. The anglers reportedly only use the Lower Walk area within the vicinity of the Warbreck Ward, adjacent to the Gynn Square and Red Bank Road.

4.5.2 Members sought clarification from Inspector David Old, Lancashire Constabulary, regarding the alleged issues along Lower Walk. He advised that he had consulted with his predecessor (Inspector Steve Needham) to ascertain whether there was historically any issues relating to anglers using their vehicles in the area prior to the enforcement. He was unable to find any evidence that this was the case. He added that he was also unable to find any evidence that would suggest that the use of vehicles by anglers “to enable them to transport their tackle to their fishing site” would be a problem for Lancashire Constabulary. He suggested that the Council’s Parking and Security services would be able to monitor use of the Lower

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Walk and regularly check permits. He stressed that he shares the concern that a ‘free for all’ use of vehicles on the Lower Walk would be unwelcome and potentially dangerous, although he understands that Members are only interested in the viability of a restricted permit scheme.

4.5.3 He added that he was happy for his submission to be used as evidence in the Working Group’s final report and pointed out that his submission is derived from incidents recorded by Lancashire Constabulary over a period of time, which is therefore based on evidence, rather than opinion.

4.5.4 Working Group Conclusions regarding feedback from Lancashire Constabulary

4.5.5 The Working Group considers that the letter submitted by Inspector Old provides an evidence-based response of the issue through an analysis of reported incidents in the Lower Walk area. The letter supports their initial views, and the responses from anglers, that the earlier use of vehicles did not have a negative impact on pedestrian safety.

4.5.6 They are mindful that in comparison, the letters from the Community Beat Manager make reference to a) an issue within an area that is not used by the anglers, which therefore has no relevance to them; and b) his concerns about what ‘could’ happen, rather than what ‘has’ happened. In light of this, Members agree that it is important to use the evidence-based submission, rather than opinion-based submission, in their considerations.

4.6 Consultation with Beach Patrol

4.6.1 The Council’s Beach Patrol section was given the opportunity to present its views on the Lower Walk area and to outline how a vehicle permit scheme could potentially impact their operation. Members acknowledged that Beach Patrol officers need to respond effectively to emergency situations at all times and therefore any potential permit scheme should by no means hinder or obstruct access.

4.6.2 Beach Patrol’s concern primarily related to the number of vehicles that could be potentially parked in the area and that heavy usage may create access issues for its vehicle. It recommended that any permit scheme would need to include stringent conditions relating to speed limits, together with a restriction on the number of parking spaces. It also considered that additional cleansing and litter collection may be required.

4.6.3 Working Group Conclusions regarding feedback from Beach Patrol

4.6.4 Members acknowledge the concerns raised by Beach Patrol and agree that the consideration of potential access issues is essential. They note that Lancaster City Council has managed to overcome such issues by including robust conditions and restrictions and agree that any permit scheme in Blackpool would need to incorporate similar regulations in order to safeguard pedestrian safety and ensure easy access at all times for Beach Patrol.

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4.7 Consideration of Other Options

4.7.1 The Working Group would like to point out that during the course of the review it considered alternative options that would resolve access issues to the Lower Walk area for anglers.

4.7.2 The first related to a disused property that is built into the sea wall in the area adjacent to The Gynn, which was previously used as public conveniences. The Council’s Strategic Assets and Estate Management division is willing to lease out the property to a suitable organisation subject to a transparent procurement process with appropriate conditions in place. The building could be used for purposes such as to store equipment or as a club house and be offered at low rent, with the relevant club or organisation responsible for the maintenance of the building and the installation of any additional features, such as lockers and security.

4.7.3 The suggestion was presented to attendees at the consultation session on 19 th May 2010. Of those that responded directly to the questionnaire, 100 per cent were not in favour of a storage facility. Predominately, anglers were concerned that in the evening and overnight, the area is relatively quiet and therefore could be easily targeted by vandals and vulnerable to theft, therefore they would not feel confident in leaving their equipment there.

4.7.4 In light of this, the Working Group does not consider that it worth exploring this matter further or recommending it within the final report as an alternative option. It is evident that the proposals would not be supported by the anglers and therefore the provision of a storage facility would not achieve its purpose.

4.7.5 Consideration was also made to the Cabin Lift adjacent to Uncle Tom’s Cabin. Members queried whether this could be fixed to provide access to the sea wall for angling, as well as other members of the public. However, upon further exploration of the option, it became evident that the cost in refurbishment and continued maintenance of the lift would be significant to the Council. In light of this, the Working Group considers that due to potential cost implications associated with repairing the lift, this would not be a feasible recommendation.

4.8 Overall Conclusions

4.8.1 The Working Group considers that this review has been an invaluable exercise that had achieved a thorough investigation and analysis of the access issues and use of vehicles in the Lower Walk area. The Group is satisfied that the evidence gathered through consultation with the relevant partners has helped the Group to have a balanced consideration of all the issues and formulate an informed decision on the most appropriate course of action.

4.8.2 The consultation with Lancashire Constabulary alleviated initial concerns regarding pedestrian safety and confirmed that prior to the enforcement and without any form of monitoring or regulation, vehicles were used in the area without any impact on pedestrian safety. Lancashire Constabulary confirmed that there was no evidence to suggest that the use of vehicles by anglers “to enable them to transport their tackle to their fishing site” would be an issue.

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4.8.3 Furthermore, Lancaster City Council has provided an example of a permit scheme operating successfully along a pedestrianised Promenade that allows disabled anglers to drive and park their vehicles in designated spaces. Members point out that the Morecambe scheme has not created any issues relating to over-capacity and that there has been no incidents relating to pedestrian safety. The Group considers that the barrier and swipe card method for vehicle access onto Morecambe Promenade is successful in actively restricting the area from non- permit vehicles.

4.8.4 As a result of the public consultation session, Members acknowledge that many able-bodied anglers wish to use their vehicles for convenience purposes and that vehicle access will have a significant improvement on accessibility for disabled anglers. While it has been argued that this is not a justifiable reason to allow for a permit scheme, Members recognise that if it is safer, easier and more enjoyable for all anglers to fish by using their vehicles, this will actively promote fishing in that area and will encourage more anglers to the town, thus having a positive impact on the local economy and tourism. During the course of the review, it became apparent that angling is important for both the well-being of residents and as a valuable contribution to the town’s tourism offer. Members therefore believe that the Council should endeavour to make fishing as accessible as possible to both residents and visitors.

4.8.5 While it is acknowledged that the Council is in support of angling along Lower Walk, Members consider that the introduction of enforcement contradicts the message currently being communicated to anglers and was implemented without due regard to the impact that it would have. Individual anglers evidently feel that the enforcement is overly restrictive on their pastime as they have more of an emotional, rather than technical, understanding of the situation. Although the Working Group understands that it is the vehicles that are prohibited, and not the anglers, it can appreciate that the hostile nature of the Lower Walk area makes it increasingly difficult to access and fish from without the use and shelter or a vehicle.

4.8.6 The Working Group believes that with effective monitoring and regulation, it is possible and feasible to introduce a permit scheme to the Lower Walk area with minimal disruption and at a significantly low risk to pedestrian safety. This will allow the anglers to continue their pastime more comfortably and promote a positive image to out-of-town anglers, thereby creating a wider tourism offer.

4.9 Recommendations

4.9.1 On the basis of the evidence that had been collected throughout the course of the review, teamed with the outcome of the consultation exercise, the Working Group recommend that the implementation of a permit scheme be developed and introduced to the Lower Walk area to allow anglers to legitimately park their vehicles for angling purposes.

4.9.2 Members also recommend that in order to safeguard the Council, the scheme operate as a pilot scheme for the first year and be reviewed after twelve months to ensure that the Council would retain the jurisdiction to discontinue the scheme if any incidents occurred relating to pedestrian safety or access problems for emergency vehicles.

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Recommendation 1

That a permit scheme be developed and introduced to the Lower Walk area to

allow anglers to drive and park their vehicles in that area for fishing purposes

only. This to be operated as a pilot scheme for the first year, with the

jurisdiction to discontinue if incidents occur relating to pedestrian safety or

access problems for emergency vehicles.

4.9.3 Members consider that the infrastructure along Lower Walk is able to adequately support vehicle use with minimal disruption to pedestrian access. The installation of a moving barrier with entry via a swipe card at specific points will help to cordon off areas for vehicle parking and create designated areas similar to those along Morecambe Promenade. This will also alleviate the possibility of unauthorised vehicles attempting to use the area, either for parking purposes or to access the length of Lower Walk as a short-cut away from Queens Promenade, as outlined in paragraph 4.5.1. The Working Group is mindful that all local authorities are facing severe budgetary restraints and so wishes to recommend that barrier should only be installed if cost effective.

Recommendation 2 That a moving barrier and swipe card entry system be installed at the designated area at Lower Walk, if cost effective.

4.9.4 In terms of pedestrian safety, the Working Group points out that prior to the enforcement, anglers regularly parked their vehicles in the area and this was without any form or regulation or monitoring. As confirmed by Lancashire Constabulary, there were no reported incidents relating to pedestrian safety during that time. However, Members acknowledge that the permit scheme would still introduce an element of risk and therefore consider that due consideration be made in order to safeguard pedestrian safety and minimise risk.

Recommendation 3 That due consideration be made to the following points when developing the permit scheme: - The permit scheme be restricted to the areas where the anglers fish from, such as adjacent to the Gynn Square and Red Bank Road. - The number of parking bays and permits that should be issued, to avoid over-capacity. - That a maximum speed of 10mph is enforced and all vehicles required to drive with hazard lights on.

4.9.5 The Working Group also recommends that a number of conditions be stipulated within the Terms and Conditions of the permit to minimise the impact of the permit on pedestrians and ensure that the Lower Walk parade remains a safe and pleasant are for all users.

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Recommendation 4

That the following conditions be stipulated within the Terms and Conditions of

the permit:

1) A restriction of permit use to times when the tide is in (one hour either

side), to ensure that the permits are used appropriately and to ease

enforcement.

2) That designated parking spaces are available on a ‘first-come first-serve’

basis and if no spaces are available, vehicles must be parked in

designated bays on the Promenade.

3) Anglers to be encouraged to report instances of inappropriate use to the

Council.

4) Anglers be requested to remove their own rubbish, with a stipulation that

should extra cleansing be required, the costs would be reflected in the

price of the permit.

5) The permit must be displayed at all times while parked in the designated

area.

4.9.6 Members are aware that a representative of Blackpool and Fylde Sea Anglers Association has offered to manage a permit scheme for Lower Walk, on behalf of the Council; however, as the land is owned by the Council, this is not an option that can be recommended as it would reduce the Council’s control of an area that would need extremely stringent consideration and monitoring.

5.0 Financial and Legal Considerations

5.1 In respect of the legal considerations, the County of Lancashire Act 1984 will need to be amended to legally allow vehicles with the restricted use of the Lower Walk. It is also important that the conditions, as outlined in Section 4.9 are included within the permit to safeguard the Council.

5.2 In terms of the administering of the permit scheme, the Licensing Services section has advised that the team already issues a wide range of permits and therefore an additional one would not require any significant changes to existing working practices. While it is difficult to predict the impact on the service without knowing the likely volume of applications, the section has advised that it is likely that the team would be able to incorporate the extra work within the existing staff structure. The section would look to charge a fee for the issue of the permits and Members suggest that an appropriate fee be determined in consultation with the Licensing Services section.

5.3 The section also advised that issuing the permits would be relatively straight forward, requiring a completed application form, photograph (which would be scanned into Licensing Services’ system) and the relevant fee. The angler would then be issued with a card style permit with provided details of the name, photograph and expiry date. The benefit of putting the photograph into the licensing system is that it is possible to access the system over the Internet; therefore if a member of the Enforcement team wanted to check the validity of the permit when on duty, they would be able to.

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5.4 In terms of financial implications, the Working Group is aware that the installation of barrier and swipe card system will incur a cost and therefore only wishes to recommend this if the Council is able to source sufficient resources. The permit scheme would still be able to effectively operate without a barrier; however, Members advise that the installation would improve the control of vehicles in the area and minimise the potential of improper use by other vehicles.

5.5 The Promenade / Outdoor Facilities Manager at Lancaster City Council was asked to provide costings for the barrier and swipe card system that is in place at Morecambe Promenade. The installation was approximately £18,000, with an annual maintenance contract of £1,850 per annum. The swipe cards which are issued to permit holders are not renewed each year and permit holders are charged for replacement cards. Card numbers are stored against each individual permit holder, enabling the Council to erase their number off the programme if they were found to be breaching the conditions of the permit, thereby preventing them from access. Lancaster City Council charge £12 per annual for the permit.

5.6 Members agree that the barrier and swipe card system is an effective method in restricting and enforcing the use of vehicles in the designated area without the necessity for frequent monitoring by Council enforcement officers. Only permitted vehicles will be able to enter the restricted area which provides, to an extent, automatic enforcement of the area without the need for officers to manually check vehicles against the permit. It will also provide the Council with the immediate ability to prevent any individuals who had breached the permit conditions from entering the area. The swipe card however should not be the permit and Members recommend that the permit conditions stipulate that the paper permit (including the holder’s details and photograph) should be displayed at all times on the vehicle while parked in the designated area.

5.7 Section 151 Officer comments

5.7.1 The following comments were provided by the Section 151 Officer to demonstrate the financial considerations that need to be acknowledged in respect of the recommendations included within the report.

5.7.2 With regard to the permit scheme, a similar scheme has been operated at Lancaster City Council on Morecambe Promenade and indicative installation costs for a barrier and swipe system are reportedly £18,000 with an annual maintenance cost of £1,850 incurred. Lancaster City Council seek to recover the costs by the implementation of a £12.00 annual permit and a charge for replacement swipe cards.

5.7.3 The feedback from Lancaster City Council does not indicate whether the proceeds from the permit system are adequate to recover the costs of the operation. A full business case would be required to demonstrate cost effectiveness and payback period.

5.7.4 There is also a risk that the one-year pilot is not successful and that the scheme ceases before the cost of installing the barrier system has been recovered.

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5.7.5 Potential additional costs:

• Additional signage. • Installation costs of parking bays. • Amending the County of Lancashire Act 1984 and associated timing issues. • Cost of issuing displayable permits. • Policing and enforcing the system. • Litter and cleansing patrols if necessary. (It is recognised that the conditions of the permit include such provision, but this would require monitoring for effectiveness).

5.8 Comments from Legal Services

5.8.1 The following comments were provided by Legal Services to demonstrate the legal considerations that need to be acknowledged in respect of the recommendations included within the report.

5.8.2 To amend the County of Lancashire Act 1984 would be an enormous task, which would require primary legislation and it can be argued that the proposals fall within it. However, as the Promenade is held for the purposes of recreation by people on foot, and in some areas on pedal bikes, there should be reference to the Local Government Act 1972 and the appropriation of land under s122. This is to demonstrate that the Council is satisfied that it does not require the area for its present purpose. This proposal would need to be advertised in the Blackpool Gazette for two weeks to allow for the submission of objections.

5.8.3 Further clarification would be required to ascertain if there is any relationship between the Council’s land ownership and traffic powers. There may also be a Traffic Regulation Order appertaining to stationary vehicles.

5.8.4 With regard to the speed restrictions, or any other breach of licence conditions, this would need to be controlled by withdrawal of the permit, although how this could be proved is uncertain.

5.8.5 Should a decision be made to not install the swipe barrier system, any entry by an unauthorised vehicle could be enforceable by Lancashire Constabulary as a moving traffic offence. Therefore, the Council would need to advise them about the permit scheme.

5.8.6 If the enforcement of a parking Traffic Regulation Order is unavailable the Council could, as the landowner, remove the vehicle, for example in the case of permit not being displayed. Conditions can be included within the permit terms of use, such as the reporting of inappropriate use, but this may be unenforceable.

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Lower Walk Scrutiny Action Plan

Recommendation Cabinet Rec Target Lead OSC Notes Members Accepted by Date for Officer Update Comments Executive? Action

Permit Scheme

R1 That a permit scheme be Reject due to developed and introduced to the issues with Lower Walk area to allow anglers pedestrian safety to drive and park their vehicles in and that area for fishing purposes only. enforcement. This to be operated as a pilot scheme for the first year, with the jurisdiction to discontinue if incidents occur relating to pedestrian safety or access problems for emergency vehicles.

Moving Barrier

R2 That a moving barrier and swipe Reject due to card entry system be installed at cost implications. the designated area at Lower Walk, if cost effective.

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Key Considerations

R3 That due consideration be made Reject as relies to the following points when on the approval developing the permit scheme: of R1.

1) The permit scheme be restricted to the only the areas where the anglers fish from, such as adjacent to the Gynn Square and Red Bank Road. 2) The number of parking bays and permits that should be issued, to avoid over-capacity. 3) That a maximum speed of 10mph is enforced and all vehicles required to drive with hazard lights on.

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Terms and Conditions

R4 That the following conditions be Reject as relies stipulated within the Terms and on the approval Conditions of the permit: of R1.

1) A restriction of permit use to times when the tide is in (one hour either side), to ensure that the permits are used appropriately and to ease enforcement. 2) That designated parking spaces are available on a ‘first-come first-serve’ basis and if no space are available, vehicles must be parked in designated bays on the Promenade. 3) Anglers to be encouraged to report instances of inappropriate use to the Council. 4) Anglers be requested to remove their own rubbish, with a stipulation that should extra cleansing be required, the costs would be reflected in the price of the permit. 5) The permit must be displayed at all times while parked in the designated area.

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