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3:00pm Wednesday 17th August 2011 in Southend
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.”
Comments(47)
Edwina Monsoon
says...
3:20pm Wed 17 Aug 11
Edwina Monsoon
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3:20pm Wed 17 Aug 11
baggylovespuds
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3:21pm Wed 17 Aug 11
Andycal 172D
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3:45pm Wed 17 Aug 11
el caballero de la noche
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4:13pm Wed 17 Aug 11
Andycal 172D wrote:That is your opinion and yes you do bang on about it.
Will Mr Holdcroft's opinion change when someone walks into his office wanting to make a claim? Ok there would be a conflict of interest but hypothetically...
Still at last we begin to make headway. They admit they screwed up "a bit". They're not legally shared spaces - they're roads and poorly designed roads at that.
I know I bang on about this but it is worrying that so much money got spent on schemes which don't work and which have only a sketchy legal status.
Sir Peter Pantsless the 3rd
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4:18pm Wed 17 Aug 11
firedog
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5:19pm Wed 17 Aug 11
Steve1976
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5:23pm Wed 17 Aug 11
grippie
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5:31pm Wed 17 Aug 11
ADucksQuack
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5:39pm Wed 17 Aug 11
Greatscot1777
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6:44pm Wed 17 Aug 11
el caballero de la noche
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8:27pm Wed 17 Aug 11
Sir Peter Pantsless the 3rd
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9:00pm Wed 17 Aug 11
Andycal 172D
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9:18pm Wed 17 Aug 11
el caballero de la noche wrote:Thanks el-cab - nice to know the love is still there
Andycal 172D wrote:That is your opinion and yes you do bang on about it.
Will Mr Holdcroft's opinion change when someone walks into his office wanting to make a claim? Ok there would be a conflict of interest but hypothetically...
Still at last we begin to make headway. They admit they screwed up "a bit". They're not legally shared spaces - they're roads and poorly designed roads at that.
I know I bang on about this but it is worrying that so much money got spent on schemes which don't work and which have only a sketchy legal status.
It is also your opinion that the scheme does not work and that is based on what so far ?
Perhaps next year when there is unarguable proof that the scheme is not working THEN and only then there should be concern, until then however hard it sounds the scheme must continue with the understanding that accidents happen as they did before the road change.
The fact is that unless you are stupid it is obvious that you do not step out in front of any car unless it is stationary, and most normal people should know they are either in a road or not.
My only worry is that there are not enough clear view signs when entering the area as a motorist from both direction stating the obvious.
Andycal 172D
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9:20pm Wed 17 Aug 11
ADucksQuack wrote:And you'll keep thinking like that right until the lorry takes you out!
This story's headline is dangerously misleading. Marine Parade is part of the public highway. As such ALL vehicular traffic has EQUAL right of way. It is not just the 'realm of cars'.
Andycal 172D
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9:22pm Wed 17 Aug 11
Sir Peter Pantsless the 3rd wrote:Well said! I agree totally!
el cabellero, SBC are not moving on and up, they are dragging this town backwards at an astronomical rate, development failure after failure (the one exception is the water feature), quango after quango, closed cabinet dictatorial decision after decision, public consultation after decisions have already been rubber stamped,
council tax increases at maximum capped rates (except for the time they had to back track after no other councils followed suit, proof enough they haven't got they electorates best interests at heart).
Their current folly is to sell off any if not all town centre public carparks for developement the end result being lack of parking but wait, guess what, they also increase parking prices at the same time! (it's cheaper to drive to lakeside for a complete shopping experience than it is to park in Southend for a few hours)
How long have we been waiting for something to happen with the pier??? We must've had dozens of expensive Renaissance Southend consultations, but still nothing (somebody must be benefiting and it certainly ain't the towns residents!)
Pier hill development, What a balls'up that has proven to have been!
Mile after mile of Anna Waite signature palm trees (now all dead) at £600 a pop!
And to top if off with the biggest cockup of all time...Victoria Gateway.
This council has failed, period.
(and while they continue to do so i will continue to express my opinion on it freely)
SARFENDMAN
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9:27pm Wed 17 Aug 11
Andycal 172D
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9:36pm Wed 17 Aug 11
el caballero de la noche wrote:That's because they don't get anything right!
Will you left wing luddites ever move on.
Southend is moving on with or without you continual whingers the council do not profess to get everything right but at least they are moving on and up, unlike you bloody lot.
And I am not a Political Party lover they are all naff.
jayman
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10:39pm Wed 17 Aug 11
jayman
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10:45pm Wed 17 Aug 11
jayman
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10:45pm Wed 17 Aug 11
woodgrangedrivesoldier
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11:28pm Wed 17 Aug 11
Andycal 172D wrote:and again you talk rubbish. if the scheme didn't work then no-one would use it.
Will Mr Holdcroft's opinion change when someone walks into his office wanting to make a claim? Ok there would be a conflict of interest but hypothetically... Still at last we begin to make headway. They admit they screwed up "a bit". They're not legally shared spaces - they're roads and poorly designed roads at that. I know I bang on about this but it is worrying that so much money got spent on schemes which don't work and which have only a sketchy legal status.
woodgrangedrivesoldier
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11:31pm Wed 17 Aug 11
Sir Peter Pantsless the 3rd wrote:well if you paid attention to what you were doing at vic circus rather than trying to count "near-misses" (no doubt caused by your reckless driving and not paying attention to the road) the world would be a safer place.
He (Holdcroft) 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." ....I dont think ive ever heard such crap from Holdcroft before (and he says an awful lot of ignorant poppycock!) He really does take us (the boroughs residents who voted him in) as complete idiots. He surely doesnt doesnt believe that crap he just spouted either! Its the dictorial tory thats talking there for sure! And yes i agree with Baggylovespuds.. bring back Vic Circus roundabout, I have lost count of the near misses ive seen from the right turn from Queensway into Vic Avenue, also no one seams to take notice of the no U-turn signs thats for sure! And the shortcut through the bus lane seams to be getting increasingly popular. What a complete shambles this tory cabinet has made of our towns transport infrastructure.
woodgrangedrivesoldier
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11:34pm Wed 17 Aug 11
el caballero de la noche wrote:well said old chap
Will you left wing luddites ever move on. Southend is moving on with or without you continual whingers the council do not profess to get everything right but at least they are moving on and up, unlike you bloody lot. And I am not a Political Party lover they are all naff.
Nebs
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12:33am Thu 18 Aug 11
Steve1976 wrote:They do have kerbs along the sea front. I've seen them as I drive along. They are the small raised bits that separate the road from the pavement. Not everywhere, but I'd guess at over half, plenty to let anyone who is sane and sober know where to walk.
Hi so we teach our kids to stop at kerbs and look both ways for traffic, but these shared spaces have no kerbs to stop at... i'm only surprised an accident has not happened sooner...
woodgrangedrivesoldier
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2:30am Thu 18 Aug 11
Steve1976 wrote:how about teach your kids to pay attention to whatever they are doing......
Hi so we teach our kids to stop at kerbs and look both ways for traffic, but these shared spaces have no kerbs to stop at... i'm only surprised an accident has not happened sooner...
siddymint
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6:41am Thu 18 Aug 11
siddymint
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6:41am Thu 18 Aug 11
siddymint
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6:42am Thu 18 Aug 11
siddymint
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6:43am Thu 18 Aug 11
openspace
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9:18am Thu 18 Aug 11
woodgrangedrivesoldiQuite agree. We all know there are a small group of people who contribute to this site, who also sit in wait for the next town development or change so that they can attack the current council. Many of us may have political views but try to judge each issue on it's merits.
er wrote:
el caballero de la noche wrote:well said old chap
Will you left wing luddites ever move on. Southend is moving on with or without you continual whingers the council do not profess to get everything right but at least they are moving on and up, unlike you bloody lot. And I am not a Political Party lover they are all naff.
openspace
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9:25am Thu 18 Aug 11
perini
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12:39pm Thu 18 Aug 11
el caballero de la noche wrote:Strange how we are all Luddites when it comes to criticising chainsaw!!! Oh of course - your blister!
Will you left wing luddites ever move on. Southend is moving on with or without you continual whingers the council do not profess to get everything right but at least they are moving on and up, unlike you bloody lot. And I am not a Political Party lover they are all naff.
APR
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1:00pm Thu 18 Aug 11
samsos
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2:08pm Thu 18 Aug 11
openspace wrote:Well said
woodgrangedrivesoldiQuite agree. We all know there are a small group of people who contribute to this site, who also sit in wait for the next town development or change so that they can attack the current council. Many of us may have political views but try to judge each issue on it's merits.
er wrote:
el caballero de la noche wrote:well said old chap
Will you left wing luddites ever move on. Southend is moving on with or without you continual whingers the council do not profess to get everything right but at least they are moving on and up, unlike you bloody lot. And I am not a Political Party lover they are all naff.
Of the four recent major changes, Cuckoo Corner, the seafront, Victoria Avenue/Queensway junction and Progress road, three, at least seem to be working very well, one or two reservations about Progress Road.
As far as the "shared space", is concerned, if the council had quietly made all the changes without publicising this as as shared space, probably little would have been said. It is very obvious that vehicles are present along the seafront, normal road safety rules for pedestrians would avoid any accidents. Crossing an " area", whether it be a road, street, or " shared space" of any sort always involves some risk. Whatever happened to common sense.
missroyalterrace
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2:25pm Thu 18 Aug 11
samsos
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3:27pm Thu 18 Aug 11
missroyalterrace wrote:"Zooming"?? The average speed along this stretch is less than 15 mph! The whole point of the road lay-out being as it is is to slow the traffic and in this respect it seems to have worked very well. The only issue with the scheme is that many drivers are not yet stopping to allow pedestrians to cross, a simple sign would hopefully solve this problem, however, even without a sign people will slowly get used to the idea.
So bored of people saying its common sense blah blah and we cross other roads every day without a problem. If that was the case why do we have zebra crossings in the first place?
The fact of the matter is this is a busy area for both cars and pedestrians who need and want to cross the road in view of the amusements on each side, its ridiculous to expect that many people including children to keep walking in the road safely when there are that many cars zooming up and down it.
ADucksQuack
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5:06pm Thu 18 Aug 11
missroyalterrace wrote:Are you so devoid of initiative that you cannot cross a road unless there is a zebra crossing painted on it?
So bored of people saying its common sense blah blah and we cross other roads every day without a problem. If that was the case why do we have zebra crossings in the first place?
The fact of the matter is this is a busy area for both cars and pedestrians who need and want to cross the road in view of the amusements on each side, its ridiculous to expect that many people including children to keep walking in the road safely when there are that many cars zooming up and down it.
r6keith
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9:19am Tue 23 Aug 11
missroyalterrace1
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3:08pm Wed 24 Aug 11
woolstone
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10:56pm Wed 24 Aug 11
ADucksQuack
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12:10pm Thu 25 Aug 11
ADucksQuack
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12:13pm Thu 25 Aug 11
woolstone wrote:SBC raised parking charges by 25% in the borough. They introduced a congestion creation scheme at Victoria Circus, they closed the Farringdon Avenue car park, they are introducing parking charges for the entire seafront. As a Southend resident it is now cheaper for me to travel to Basildon and shop.
Well I wont use Victoria Circus route to Southend and have found other routes which I find better. The only thing is I now always find a parking space on a Saturday easier, is that because less people are actually going to Southend by car or just fed up with the new layouts and go to lakeside and chelmsford instead to do their shopping.
zipster31
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1:25am Fri 26 Aug 11
jolllyboy
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9:17am Fri 26 Aug 11
ADucksQuack
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10:57am Fri 26 Aug 11
jolllyboy wrote:You have personally checked EVERY bicycle on the seafront have you? No, you're just spouting unsubstantiated cobblers, aren't you.
Add to all this problem with the cyclists who do not use the cycle path because pedestrians are on it crossing from their cars. It is a disaster zone.
They have no bells, no lights and probably no brakes anyway.
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Nebs says...
3:13pm Wed 17 Aug 11