Blind charity slams 'dangerous and unlawful' kerb removal

Plans to remove pavement kerbs from a famous London tourist destination are dangerous and unlawful, a charity for the blind said today as it launched legal action against the council responsible.

Guide Dogs issued a judicial review over plans by the Royal Borough of Kensington and Chelsea (RBKC) council to create a single surface on Exhibition Road.

The area, which is home to the Science Museum, Victoria and Albert Museum, Natural History Museum, Royal Albert Hall and other tourist attractions, sees 11.5 million visitors a year.

Guide Dogs said the High Court action was necessary for the safety of visitors, particularly the blind, disabled, elderly, and young children.

But the council said the edge of the pedestrian zone would be clearly marked by a "tactile corduroy delineator" and the removal of kerbs would improve access for people using wheelchairs, the elderly, and people with buggies.

The council said it was even working with Guide Dogs to decide on the best material to use for the corduroy paving.

The pavement zone will also be marked out with a black strip and will be twice its current width. Traffic will be restricted to 20mph.

Guide Dogs said the corduroy was "untested" and research had not found a suitable alternative to kerbs.

It is the first time the charity has taken this kind of legal step in its 77-year history.

Guide Dogs said the only lawful approach by the council would be to approach the Department for Transport (DfT) for special authorisation.

The project is supported and part funded by the Mayor of London and Transport for London.

Guide Dogs' Tom Pey said: "The Council has repeatedly ignored our research, and representations from other organisations as well as our Say No To Shared Streets Campaign which is supported by 30 UK wide disability organisations. Sixty-seven per cent of Londoners agree the road's design will negatively impact on disabled people.

"The Secretary of State for Transport has said there is no evidence that these schemes offer any greater benefit than traditional traffic calming techniques.

"The Mayor of London has said he won't support any scheme which is unsafe for blind and partially sighted people, yet he is supporting this scheme before Transport for London's research is known.

"Blind and partially sighted people need consistency in the design of streets. If they can't tell where the road begins and the pavement ends, how can they feel safe?"

Andrew Lockley of Irwin Mitchell, the legal firm representing the charity, said: "These legal proceedings highlight the lack of clear guidance on this issue from the Department for Transport.

"The Department has declined to comment on this street design and instead, are awaiting the results of their research in to shared surface streets before issuing their guidance.
"This has left RBKC free to press ahead with this deceptive scheme."

But Conservative Councillor Nicholas Paget-Brown said: "The decision to pursue a judicial review of the project is disappointing in light of the work, research and consultation we have undertaken to ensure that the planned changes to Exhibition Road, one of the world's leading cultural destinations, are in the best interests of all users, residents and visitors.

"Accessibility and the safety of the 11.5 million people using Exhibition Road is of the utmost importance to the council and we will continue to work hard to address the charity's concerns, while reconciling the needs of other user groups.

"With over 100 personal accidents in the area in the past three years, it is clear that current design is not safe.

"The council has made significant changes to the original design to introduce proven delineators, and will continue to work with Guide Dogs and others to test and refine the final form of delineation to ensure that Exhibition Road meets the needs of different disability groups, including wheelchair users, the elderly and those with push chairs, as well as the blind and partially sighted."

A spokeswoman for London Mayor Boris Johnson said: "The Mayor is aware that the Guide Dogs for the Blind Association has concerns about proposals for Exhibition Road and they are discussing these issues with the Royal Borough of Kensington and Chelsea.

"A working group has already been set up for this scheme, which Guide Dogs have representation on and through which their concerns are being addressed.

"The top priority for the planners involved is the safety of everyone using the area, as well as those who are blind or partially sighted."

Guide Dogs' Say No To Shared Streets Campaign is supported by a coalition of 30 charities, including Deafblind UK, Mencap, Scope and RNIB (Royal National Institute for Blind People).

RNIB campaign manager Moira Fraser said: "The proposed changes must not be allowed to go ahead. If they do go ahead, RNIB believes blind and partially sighted people will avoid the area and we might see somebody unnecessarily sustaining a serious injury.

"RNIB strongly believes the Royal Borough of Kensington and Chelsea Council have not listened carefully enough to blind and partially sighted people's justifiable concerns."

A DfT Spokesperson said: "It is for individual councils to determine what signs, road markings and layouts are needed to inform or warn road users. To help those local authorities considering shared space schemes, we have commissioned research to provide them with more information about such measures."

Work on the streetscape is due to start in January next year with the overall development project to be completed before 2012.