An objection to planning application 2009/1221 (6/09/1221/018)

This objection includes 6 images which you should find attached.

The nature reserve this barrier supposedly protects from vehicular traffic is a public facility and is therefore subject to the Disability Discrimination Act 1995 as amended in 2005. As such there is a clear legal obligation on Natural England to not only refrain from imposing any impediment to free access which may be considered a common law nuisance or an obstruction (both of which are crimes) but to also consider Access Equality "in everything they do" to ensure that avoidable negative impacts on the disabled do not occur.

In the case of the barrier in question these legal obligations have been blatantly disregarded and as a result the nature reserve is no longer legally accessible by any form of invalid carriage whatsoever.

Before the barrier was erected the natural grass verges and compacted shingle provided at least some semblance of a firm level surface over which robust class 3 invalid carriages could travel - but the recent re-profiling of the fore-dune has resulted in a 30m stretch of deep soft sand which descends down a dangerously steep 1:3 incline into what can only be described as a 2m deep sand pit on the northern side of the barrier which is totally impassable.

The entire barrier is nothing more that a "token gesture" at vehicular access control anyway since in spite of it being an effective barrier to the disabled it can far more readily be circumvented by any competent 4WD user or motor cyclist.

Natural England's prior notifications signs gave no indication whatsoever that disabled access would be effected.

Image 1. Using boulders to block illegal access to motorbikes while still allowing access to far wider class 2 and 3 mobility scooters is a physical impossibility.


Images 2 & 3. While the south side of the re-profiled dune may well be in the region of 2m tall the extraction of sand from the north side of the dune has resulted in a 2m depression below the natural level of the area which is full of soft deep sand and from which no legal invalid carriage can extract itself.

Image 4. The fact that Natural England are already talking about plant life establishing itself on the earthworks belies the claim that their intention is to provide a mere "temporary" barrier. Even if the boulders were to be removed the new man-made sand dune that accompanies it would almost certainly be left intact and it is this new dune which is directly responsible for the dangerously steep incline and the sand trap which are currently denying disabled access.

Image 5. Other boulder barriers not mentioned on the planning application have also been established and present a common law nuisance and obstruction.

Image 6. Creating the sort of obstacle they have and pretending that it represents anything but reckless endangerment to any disabled person who tries to overcome it is irresponsible in the extreme.
Addendum:

Images 7 & 8 taken on 17th October 2009 clearly show multiple tyre tracks circumventing the NE barrier.










These photographs and the associated video are conculusive proof that NE's new discriminatory boundary is ineffective in preventing vehicular access as is claimed in their planning application.
This video taken from the sand dunes on Lowsy Point in Oct. 2009 clearly shows a vehicle on the beach on a dropping tide 1+ miles north of the barrier. See also Walney Walk 25 http://www.youtube.com/watch?v=OIWYZwcGBMU for corroborating evidence as to the exact camera position.

I would therefore request that;

(a) planning consent be refused and an immediate ground restoration order be enforced

or

(b) planning consent be date-dependant on a strict order to provide some other alternative firm level and safe route through the site in question as a matter of urgency.

Please let me know when and where this application is going to be considered and whether objectors will be given the opportunity to speak.

Colin Chadburn 259 West Shore Park Walney LA14 3XZ




My notes for the planning meeting to be held on 22nd December 2009:-

    Ref: Natural England's planning application 2009/1221

    Natural England's own land managers advice page outlines certain obligations it's employees must adhere to including the following... "By law, you must keep rights of way clear and not obstruct people's entry onto access land".

  1. For the last 7 years I have always enjoyed mobility scooter access to the northern reserve using no less than 4 different routes - yet today every one of those routes is impassable to the disabled.

    I would like to know therefore - in light of the officers report to the effect that "disabled access would appear to be unachievable" - whether this committee, and particularly the officer in question, has ever recieved training in the use of powered invalid carriages, or been briefed on the Disability Discrimination Act with specific regard to Disabily Equality Duty and Reasonable Adjustments.

  2. It would appear to me as a layman that the only way anti-vehicle barriers can be justified is if they actually prevent vehicular access. I have already submitted 3 photos showing the tracks of vehicles driving straight round the barrier in question, and I also have a short video showing a vehicle working the beach a good mile north of the barrier if you'd care to see it....

  3. It would seem to me that the obvious failure of the barrier to prevent on-going vehicular access - coupled with the likelyhood of the barrier being a potential breach of the Disability Discrimation Act - that the case for it's continued existence is very slim indeed. It is not only ineffective and potentially discriminative, but also a distinct eyesore which is totally out of keeping with the area, and I would heartily recommend it's rejection.

  4. If you require further proof of the ease with which a mobility scooter can access the area in question I would be happpy to take part in a site visit.

C Colin Chadburn
259 West Shore Park
La14 3XZ

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