SOUTHEND’S controversial shared space areas are still legally roads, it has been revealed.

Under mounting pressure from opposition councillors, the Tory-run Southend Council has conceded the revamped sections of Marine Parade and Victoria Gateway, like others across the country, have never been officially redesignated in law.

The news, arriving in the wake of last week’s seafront accident, which left a six-year-old boy with a broken leg, has sparked fears that errant motorists could evade prosecution on a technicality.

Ric Morgan, the Lib Dems’ spokesman on culture and tourism, said: “It creates a doubt that shouldn’t be there.

“It is legally a road, but there is no kerb and no warning when you enter the shared space.

“Someone could drive along the rest of the seafront and enter the area without knowing. What would happen then if they hit somebody?

“Would they have a defence because of the lack of warning and the fact it is still legally a road?”

Under British law, motorists, cyclists and pedestrians all have a “duty of care” to remain aware and act responsibly on the country’s roads.

But while past court cases have helped to define just what is responsible behaviour on the highways, there is no similar precedent for shared space areas.

Since the concept started to grow in popularity over the last decade, there has not been a significant accident claim which has been tested in the courts.

Nigel Holdcroft, the Conservative leader of the council, specialises in personal injury claims in his job at Southend law firm Tolhurst Fisher.

He is adamant there is no danger of confusion over the legal status of shared spaces.

He said: “When you think about it, there is not a road in the town which is not shared space.

“There are hundreds of residential roads which people cross every day without using a specialised crossing.

“The legal position is based on the individual circumstances in each case. If a pedestrian steps out in front of a car, it is likely they will be found at fault.

“Likewise, if a pedestrian is in the middle of crossing the road when a car comes round the corner and hits them, then it likely to be the driver at fault.”

Tony Cox, the Tory councillor responsible for transport, conceded the shared spaces were defined “in concept” rather than law.

But he added: “That may be the case, but it is clear to everyone where they are and their nature.”