Our mission is to radically improve disabled access to all of Barrow's scenic walks, country footpaths and open recreational areas.
Walney's Northern Reserve:
Dec 2009: A Barrow borough council officer has just recommended the council view me as a liar and grant planning
approval to English Nature's barrier which doesn't prevent vehicular access but does prevent disabled access.
The discriminatory conditions which Natural England and Barrow Borough Council have jointly created which effectively barr all disabled people from accessing Walney's northern nature reserve.
This is a quote directly from Natural England who manage Walney's northern nature reserve...
"Natural England has been charged with ensuring that the natural environment is conserved, enhanced and managed for the benefit of present and future generations. Our responsibilities specifically relate to biodiversity, geodiversity, environmental land management, landscape, recreation and access interests in rural, urban, coastal and marine areas."
Following the refusal by the recently appointed new reserve manager Martin Rhodes to restore disabled access to Walney's northern nature reserve as previously indicated by him in correspondence between us I am now challenging the boulderdash barrier's planning application and considering filing a claim under part 3 of the Disability Discrimination Act.
Here are the facts as I understand them:-
Since the new manager took over the northern reserve two access paths leading to it (at least one of which is clearly marked on NE's maps) have not been kept open as they had been by the previous manager and neither is currently usable by any legal means of disabled transport.
BEA Systems who's land the access paths cross actively maintain kissing gates and various other barriers of their own on an ad-hoc basis. (photos available)
The only other route to the nature reserve usabled by disabled vehicles has now (as of 11/05/2009) been blocked by an earthworks and boulder barrier which was errected by the new nature reserve manager without planning consent.
A retrospective planning application was made to Barrow Borough Council in August 2009 and followed up with my objections but so far BBC has neither approved the application OR set a date for it's hearing OR issued an order to have disabled access restored.
"Access Land" (the land within the reserve) is land on which the user is not obliged to follow footpaths but is free to wander in any direction they choose.
The North Walney reserve is librally scattered with recently erected (post DDA) kissing gates and fences which oblige visitors to use specific access points and trods seemingly in direct contradiction to the "open access" clasification of the land. (photos available)
The kissing gates and fences in question can not be negotiated by any legal form of disabled transport.
The kissing gates and fences in question are being actively maintained by NE which would even seem to be at odds with their own declared policy of using the "Least Restrictive Access" controls possible.
The trods passing through the kissing gates are so badly worn that even if the gates were removed disabled access would still be impossible unless sections of fence on either side were also removed to allow invalid carriage users a choice in accessing the type of surface their invalid carriage requires for traction. So far as I know this is perfectly within the spirit of the "open access" classification imposed on the land within the reserve.
Although they effectively prevent all disabled access, the new earthworks and boulder barriers have not been successful in preventing illegal 4WD access to the nature reserve as is self evident from the new tyre marks crossing the shingle on both sides of it. (photos and video available)
In response to my protests about the last available route into the northern reserve being blocked to disabled users Martin Rhodes promised to look into the matter and get back to me. He was told in no uncertain terms that in addition to the gaps between the boulders being too narrow to allow passage something would also have to be done to stabilise the sand in the sand pit his excavations had created and that the kissing gates issue would also need to be addressed. His response was to move two boulders further apart but to do absolutley nothing to address the sand trap aspect of the same barrier or have any kissing gates/fences/trods removed or modified. As a result I an still unable to follow the shoreline into the nature reserve which until spring 2008 had always been possible even if arduous.
By denying disabled access and creating new barriers which are totally out of keeping with the landscape and traditions of the area, it would appear that Natural England is (1) deliberately ignoring it's own stated responsibilities regarding recreation and access interests to - and the enhancement of - the natural environment, (2) totally failing to manage the reserve for the benefit of the public, and (3) failing to comply with disability discrimination legislation.
Alternatively you might like to email Martin Rhodes of Natural England who thinks he has the right to ban disabled access to the north Walney nature reserve.
The newly created (early 2009) earthworks and boulder
barrier which was built on BAE land with their consent
but without planning permission and which now blocks
the last available route to walney's northern nature
reserve that disabled visitors had.
Meanwhile: the route into the northern reserve across the top of the BAE tip has been
temporarily re-opened to the more rugged class three invalid carriages by digging out rocks on
the embankment on the northern end of the tip to the point where a scooter can be walked up
and down it. This video documents my first access into the northern reserve this year and I look
forward to being able to resume making Walney Walks videos highlighting other aspects of the
northern reserve in the near future.
The following quote is from the Cumbria Rights of Way Improvement Plan produced by the Lake District National Park Authority, Cumbria County Council, and the Yorkshire Dales National Park Authority, and illustrates the depth of the impact that denying disabled access to facilities can have on entire communities.
People with Limited Mobility
This includes wheelchair users, visually impaired people or blind people, people with pushchairs, and people who simply find it difficult to walk far, to negotiate stiles or rough ground. It is estimated that one person in five in the UK has some form of disability. In addition, any consideration of disabled people not only covers a wide spectrum of types of disability, but also a wide range of degrees of disability. It should also be remembered that a person's disability will also impact on their families, friends and assistants, when deciding on and participating in countryside recreation. Therefore, up to four times as many people may be directly or indirectly affected by mobility needs in the field of countryside access.
It is my opinion that Natural England BAE Systems and Barrow BC are all falling woefully short of their obligation to implement the requirements of the Disability Discrimination Act and manage access to North Walney reserve in a legal and responsible manner.
South of Hare Hill: (Updated on 27/11/2009) The latest newly constructed discriminatory barrier to be ignored/sanctioned by Barrow BC is the old bund immediately south of hare hill. First constructed around 20 years ago as a flood defence the old bund was easily negotiated by any off-road class 3 mobility scooter, but recent modifications have involved placing a line of large boulders along the top of the bund which now prevents all disabled access to the coast on the southern side.
In response to complaints about it's new discriminatory nature Roger Parkinson of Barrow BC's planning department had this to say:-
I have established that the bund was erected 20 years ago by the
landowner following the land being immersed in tidal water.The bund has
recently been re-sited to prevent it being lost to the sea.We find it
hard to believe from the photos you submitted that wheelchair access was
possible to the area as it does not look like a properly constructed
access path for wheelchair usage.In view of the timescale of its
construction there is no action can be taken under planning law.
Facts:-
Nobody ever suggested the old bund WAS negotiable in a wheelchair (a Class 1 invalid carriage)
Whether the bund was ever negotiable by a manual wheelchair is irrelevant to my objection since I don't (can't) use one over long distances
The old bund WAS negotiable on a powered Class 3 invalid carriage and now is not
The bund has most definitely NOT been re-sited in recent years, but the nature of it's construction HAS been changed quite dramatically in the last twelve months
The introduction of boulders is a clear indication of a "change of use" of the bund. It's original purpose was to prevent floods... while the introduction of boulders is clearly to deny access to and preserve the structure from erosion by motor vehicles
Because the nature of it's construction and intent has been so obviously changed I believe action COULD and SHOULD be taken by planning enforcement officers and that they should insist that a safe 1m wide gap be provided for use by powered invalid carriages
Once again Barrow BC are suggesting that because a given route isn't "a properly constructed access path for wheelchair usage" disabled people have no automatic right to access. This is the same argument that Phil Huck of Barrow BC is using concerning access to the beach on Earnse Bay, and it is simply not acceptable to say that because a given route wasn't purpose-built for disabled access the disabled have no right to use it.
Once again Barrow BC are declining to use the statutory powers they have in regard to the DDA which authorises them to excercise positive discrimination in favour of the disabled
Once again Barrow BC are totally failing to address the the loss of access to an area which affects ONLY people who are disabled
The North Walney Network is my name for the collection of footpaths and tracks through the public spaces which are contained within the area bounded by Cows Tarn Lane, Walney Promenade, and Central Drive. According to councillor Melvyn Worth of Cumbria County Council who claims to be fully supportive of access equality and promised to look into ways of improving access he is now unwilling/unable to have any of the architechtural barriers removed from the network because "the pathways are inaccessible as they are overgrown as you know" [and the vegitation is the responsibility of Barrow BC, who for whatever reason have no footpath maintenance budget].
It's disctinctly odd that Cllr. Worth should think overgrown vegitation is the prime cause of lack of access since I've already made him aware of an extensive series of access audit videos which clearly demonstrate that the only insurmountable problems are kissing gates, stiles, undropped kerbs, gravel steps, and an assortment of steel and wooden barriers and bollards. I have also repeatedly offered him the use of a spare mobility sccoter so he can experience the problems with me first hand but despite feigning interest my offer was never taken up.
After months of waiting for my complaints of disability discrimation to be addressed it's simply not good enough hear that Cumbria County Council are attempting to pass the buck to Barrow Borough Council on the pretense that it is BBC's lack of a footpath maintanance budget which is the prime cause for lack of disabled access. The fact is that so far as made-paths are concerned I've only ever complained of my scooter having been stopped by overgrown vegitation once and that path has since been cleared. The only other instance of vegitation preventing access is on the circular path through the small wood that surrounds the North Scale lookout tower, and the lack of access there is so appalling that it applies to able bodied and disabled visitors alike and is not discriminatory and therefore outside the remit of this campaign. Overgrown vegitation isn't inherently discriminatory - but architechtural barriers are - and in full awareness of my campaign and this web site I do not think Cllr. Worth is within his rights to act as if my complaints are about anything other than disability discriminaton issues.
Identifying who owns what on the North Walney Network has also (and still does) create additional problems. Regarding one recently installed steel kissing gate (Access Audit 16) which is fitted with what I believe is a [vandalised] RADAR lock... Cumbria CC say the gate belongs to Barrow BC... Barrow BC admit it does - but insists that the jammed lock has recently been removed... yet three months later the jammed lock is still there and a request for a site visit with the representative of Barrow BC who claims it's recently been attended to has been ignored.
Some people just don't listen. My issue with all the paths on the North Walney Network is the ongoing and discriminatory nature of their man-made barriers and the human barriers (such as Councillor Mel Worth)... not the appaling lack of civic pride which has led to the sorry state of the vegitation.
Phil Huck of Barrow Borough Council has now resorted to telling outright lies to MP John Hutton in a desperate bid to defend his failure to give full consideration to the council's Disability Equality Duty as required by law when deciding on what repairs were necessary to the structure of the boat launch ramp on Earnse Bay. A subsequent meeting with the council's chief officer Tom Campbell to see what could be done resulted in the rather interesting and intimidating quote "You have no rights", while Kevan Morrison (the council's access officer) disclaims all responsibility for the slipways and that he is ONLY tasked with overseeing access issues concerning buildings.
The problems began in late 2007 when the concrete boat launch on Earnse Bay began to break up after some particularly heavy winter storms. Until then the boat launch had been the only way disabled people had of reaching the beach, and it had also been continually used for able bodied pedestrian access without complaint ever since it had been built. Throughout the whole of 2008 the beach was out of bounds to the disabled but by early 2009 Barrow BC had begun work on repairs and I was once more looking forward to what had been almost daily walks on the beach with my dog. The day the repairs were completed and the slipway re-opened I visited the beach and found to my dismay that access was still being denied by a barrier of rocks some 6 or 7m wide. For four days I re-visited the ramp and moved rocks to one side and did eventually manage to acces the beach (once) but the effort was unsustainable and I had no option but to give up.
While clearing the rocks I soon began to notice things that worried me. Beneath the rocks a good 2m beyond the reach of the base of the new ramp I found rocks which simply wouldn't budge. Excavating small amounts of sand revealed that the immovable rocks were in fact solid concrete which could only have been the remains of the original ramp. Further investigation revealed a change in incline of the ramp in the vacinity of the newly repaired section that could only mean that the ramp had actually been shortened. (photos available) To the best of my knowledge all organisations such as councils have a legal responsibility to take Access Equality issues into consideration "in everything they do" and I find it totally unacceptable that not only were these legal obligations ignored or discounted but that new work had been done in a way which clearly disadvantaged the disabled. The increased incline on the ramp isn't a problem for powered invalid carriages (though it might well be for manual ones) but the shortening of the ramp had made a significant difference to the distance it spanned and what used to be a concrete ramp was now rocks, many as large as 30cm in diameter.
I contacted Phil Huck of Barrow BC who had done the repairs and was dismayed to recieve an instant defensive and negative attitude towards the problems. I subsequently contacted my local MP who expressed concern at my loss of access and who volunteered to negotiate with Barrow BC on my behalf and what transpired worried me even more. In written correspondence between the two Phil Huck totally ignored disability discrimination issues and made various diversionary irrelevant and misleading statement many of which are simply not true:-
the DDA applies to goods and services (omitted "facilities")
not reasonable to expect rocks to be cleared daily (they don't need clearing daily)
the ramp hasn't been risk assessed as a disabled access (I don't accept that it need be)
the angle of the boat launch ramp hasn't been changed (it has - photos available)
the beach is a dangerous place for the disabled (as it is for everyone)
While I concede that the presence of rocks is the result of natural processes I do not see how that relieves the council of their obligation to provide access equality by whatever means they deem necessary to an important facility where the able bodied are free to roam at will and where licenced public events are regularly held.
Thanks entirely to Gary Powell of Northwest Kitesurfing disabled access to the sands on Earnse Bay was possible for five full weeks in the wake of the 2009 BKSA Kitesurfing Competition which began on Friday 31st July. Access has become increasingly difficult again since then however and my first hand exprience of accessing the beach thoughout this period would suggest that rock clearance perphaps every three months would be all that was required until such time as a new and permanent (risk accessed) disabled access method could be provided if that's the solution the council prefers. Contact Kevan Morrison the Barrow Bourough Council's access control officer if you think that his remit should include outdoor public facilities as well as buildings.
Barrow Slag Bank/Red Man's Way: Early indications from Sue Hitchkiss of Capita Symonds that the barriers underneath Cocken Tunnell would be made disabled friendly ahead of the main project have so far come to nothing (ten weeks and counting). You can contact sue.hotchkiss@capita.co.uk or lynne.thomas1@cumbriacc.gov.uk for more information.
Please feel free to watch the video below so you can judge for yourself how delightful accessing the wild side of Barrow can be. And if you know of anyone who might benefit from having that level of access on a permanent basis please encourage every member of your family and all your friends to sign our petition or contact their local councillor or any of the relevant landowners as a token of support.
High resolution versions of most WalneyDog videos are available to logged-in Friends of Walney account holders from the High Quality downloads area, and are to be used strictly for personal non-profit use only.
South of Hare Hill: (Updated on 27/11/2009) The latest newly constructed discriminatory barrier to be ignored/sanctioned by Barrow BC is the old bund immediately south of hare hill. First constructed around 20 years ago as a flood defence the old bund was easily negotiated by any off-road class 3 mobility scooter, but recent modifications have involved placing a line of large boulders along the top of the bund which now prevents all disabled access to the coast on the southern side. 
Barrow Slag Bank/Red Man's Way: Early indications from Sue Hitchkiss of Capita Symonds that the barriers underneath Cocken Tunnell would be made disabled friendly ahead of the main project have so far come to nothing (ten weeks and counting). You can contact 
