Equality Impact Assessments for barriers on Shallcross Trail & Peak Forest Tramway Trail

A. Sheridan made this Freedom of Information request to Derbyshire County Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Dear Derbyshire County Council,

I write to you in relation to a series of barriers installed along the Shallcross Trail and Peak Forest Tramway Trail, in the vicinity of Whaley Bridge and Chinley respectively, with specific reference to:

i) (53.3299597, -1.9826775), metal barrier and wooden chicane impeding access to Shallcross Trail (Whaley Bridge Incline) from Bingswood Road
ii) (53.3276684, -1.9828314), metal barrier impeding access to Shallcross Trail (Whaley Bridge Incline) from Old Road
iii) (53.3204658, -1.9819808), metal barrier and horse trap impeding access to Shallcross Trail (Shallcross Incline) from New Road
iv) (53.3155226, -1.9796379), metal barrier and horse trap impeding access to Shallcross Trail (Shallcross Incline) from Shallcross Road
v) (53.3355175, -1.9534223), metal barrier and horse trap impeding access to Peak Forest Tramway Trail from unnamed works access road near Whitehough
vi) (53.3360132, -1.9447943), metal barrier and horse trap impeding access to Peak Forest Tramway Trail from unnamed lane at Whitehough
vii) (53.3364142, -1.9414687), metal barriers and horse traps impeding access to Peak Forest Tramway Trail from either side of Whitehough Head Lane

These barriers are not accessible for most bicycles due to the narrowness of the gap, and (where provided) the wooden horse traps are not accessible to users of adaptive cycles, such as handcycles, cargocycles and bicycles with tag-along trailers, or anyone who cannot dismount and lift their cycle over the obstacle.

The Highways England standard states that these types of A-frame or K-frame barriers should not be used at all as they prevent access by legitimate users of the path. Cycling UK advises against the use of such barriers.

I write to ask the following questions:

1) When were each of these sets of barriers installed?
2) Was an Equality Impact Assessment carried out at these locations, as required by the Equality Act 2010 S.149, prior to the installation of these barriers;
3) Could you please provide a copy of the Equality Impact Assessment(s);
4) Why was another kind of barrier not used?
5) Who installed these barriers?
6) Who approved these barriers?

As the routes form part of Derbyshire’s signposted and advertised Completed Key Cycle Network (https://democracy.derbyshire.gov.uk/docu...), it is not unreasonable to expect cyclists, including disabled and adaptive cyclists, to wish to pass along here, as they are legally entitled to do.

The Equality Act 2010, Section 20 (https://www.legislation.gov.uk/ukpga/201...) contains a number of stipulations with regards to provisions, practices, criterion and physical features. These are legal obligations, and as such, not optional.

7) Please clarify how the installation of these barriers aligns with S.20(3), S.20(4), S.20(7), S.20(9) and S.20(10).

Thank you for your time and I look forward to your response.

Yours faithfully,

A. Sheridan

Access 2 Info (Commissioning Communities and Policy), Derbyshire County Council

Dear Sirs,

I write to acknowledge receipt of your request for information received on 21/07/2020.

Your request will be dealt with in accordance with the provisions of the Freedom of Information Act 2000 Authorities are required to respond promptly to requests and in any event within 20 working days following the date of receipt. In your case we calculate this to be by the 18/08/2020. However, we shall endeavour to deal with your request promptly, and if possible before this date.

Yours sincerely,

Business Services Assistant
Access 2 Information Team
Derbyshire County Council
County Hall
Matlock
DE4 3AG

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ETE FOI_EIR (Economy Transport and Environment), Derbyshire County Council

2 Attachments

Controlled

 

Email:             [1][email address]

Our ref:           ES 8890

 

 

Dear A Sheridan

 

Thank you for your request dated 21 July 2020.

 

Your enquiry was as follows:

 

I write to you in relation to a series of barriers installed along the
Shallcross Trail and Peak Forest Tramway Trail, in the vicinity of Whaley
Bridge and Chinley respectively, with specific reference to:

i) (53.3299597, -1.9826775), metal barrier and wooden chicane impeding
access to Shallcross Trail (Whaley Bridge Incline) from Bingswood Road

ii) (53.3276684, -1.9828314), metal barrier impeding access to Shallcross
Trail (Whaley Bridge Incline) from Old Road

iii) (53.3204658, -1.9819808), metal barrier and horse trap impeding
access to Shallcross Trail (Shallcross Incline) from New Road

iv) (53.3155226, -1.9796379), metal barrier and horse trap impeding access
to Shallcross Trail (Shallcross Incline) from Shallcross Road

v) (53.3355175, -1.9534223), metal barrier and horse trap impeding access
to Peak Forest Tramway Trail from unnamed works access road near
Whitehough

vi) (53.3360132, -1.9447943), metal barrier and horse trap impeding access
to Peak Forest Tramway Trail from unnamed lane at Whitehough

vii) (53.3364142, -1.9414687), metal barriers and horse traps impeding
access to Peak Forest Tramway Trail from either side of Whitehough Head
Lane

These barriers are not accessible for most bicycles due to the narrowness
of the gap, and (where provided) the wooden horse traps are not accessible
to users of adaptive cycles, such as handcycles, cargocycles and bicycles
with tag-along trailers, or anyone who cannot dismount and lift their
cycle over the obstacle.

The Highways England standard states that these types of A-frame or
K-frame barriers should not be used at all as they prevent access by
legitimate users of the path. Cycling UK advises against the use of such
barriers.

I write to ask the following questions:

1) When were each of these sets of barriers installed?

2) Was an Equality Impact Assessment carried out at these locations, as
required by the Equality Act 2010 S.149, prior to the installation of
these barriers;

3) Could you please provide a copy of the Equality Impact Assessment(s);

4) Why was another kind of barrier not used?

5) Who installed these barriers?

6) Who approved these barriers?

As the routes form part of Derbyshire’s signposted and advertised
Completed Key Cycle Network
(https://democracy.derbyshire.gov.uk/docu...),
it is not unreasonable to expect cyclists, including disabled and adaptive
cyclists, to wish to pass along here, as they are legally entitled to do.

The Equality Act 2010, Section 20
(https://www.legislation.gov.uk/ukpga/201...) contains a
number of stipulations with regards to provisions, practices, criterion
and physical features. These are legal obligations, and as such, not
optional.

7) Please clarify how the installation of these barriers aligns with
S.20(3), S.20(4), S.20(7), S.20(9) and S.20(10).

 

 

Please see the below Freedom of Information Act 2000 / Environmental
Information Regulations 2004 response:

 

 1. The barriers on the Shallcross Incline off New Road (iii) and
Shallcross Road (iv) were installed as part of a Derbyshire County
Council scheme to provide a multi-user Greenway in partnership with
Whaley Bridge Town Council which owns the land in question.  The
scheme was implemented in 2011/12 and the barriers were in place at
the bottom of the incline when the route was officially opened on 26
April 2012.

 

The barriers on the Peak Forest Tramway Trail off the unnamed works access
road close to Harpur Cottage near Whitehough (v), the unnamed lane at
Whitehough (vi) and the north side of Whitehough Head Lane (vii) were
installed as part of DCC schemes to provide two sections of multi-user
Greenway. These were implemented in 2010/11 and 2011/12 respectively.

 

Derbyshire County Council Access Team were not responsible for providing
the barriers on the Shallcross Trail off Bingswood Road (i) and Old Road
(ii). They are on land owned by High Peak Borough Council who may have
installed them at these locations, they can be contacted at
[2]https://www.highpeak.gov.uk/ 

 

 2. Derbyshire County Council has no record of an Equality Impact
Assessment being carried out at these locations prior to the
installation of the barriers. Section 149 of the Equality Act 2010
specifically does not require an Equality Impact Assessment to be
undertaken.

 

Shallcross Trail – please see attached report which was approved by the
Regulatory - Planning Committee on 1 August 2011 which gives further
information. 

 

You can also view Statement of Action for Derbyshire's Rights of Way
Improvement Plan on the link below. This contains an Equality Analysis in
Appendix H, which has been informed by an Equality Impact Assessment (copy
attached), for Cycle Hire, Cycle Routes and Health Promotion, within which
there is an action relating to barrier designs.

[3]https://www.derbyshire.gov.uk/site-eleme...

 

 3. N/A

 

 4. Another kind of barrier was not used as those which were installed
were considered to comply with the established standards at the time.
However, standards are constantly changing to meet the needs of all
users and barriers which were previously installed, often in the
interests of public safety to try and prevent anti-social behaviour
e.g. access by motorbikes, are no longer considered to be appropriate
as they can impede access for legitimate users, such as those with
larger makes of mobility scooters. As a result, they will not be
installed as part of our latest Greenway schemes and we will be
reviewing those which are already in existence. We are working on a
scheme to repair the Shallcross Incline which was damaged by flooding
last year and can also review the barriers as part of this work.

 

 5. The barriers were installed by the contractor appointed by Derbyshire
County Council.

 

 6. Shallcross Trail - The barriers were approved by the County Council
through the Planning Process. Peak Forest Tramway Trail - we have been
unable to identify information which would clarify the approval of the
barriers.

 

 7. We will review the barriers which are in place at New Road and
Shallcross Road in accordance with Section 20 of the Equality Act 2010
which deals with the duty to make adjustments. Peak Forest Tramway
Trail - As resources and time permit, we will review the barriers
which are in place in accordance with Section 20 of the Equality Act
2010 which deals with the duty to make adjustments.

 

I hope this now satisfies your request.

 

However should you require a review of the response you have received to
your FOI/EIR request, please follow the procedure as set out below:-

 

Stage 1:

 

If you wish to challenge the response, please send your comments to, and
wherever possible, a copy of your request and the covering letter
enclosing the information or refusing your request to:

 

Access to Information Solicitor

Legal Services

Derbyshire County Council

County Hall

Matlock

DE4 3AG

 

Email: [4][Derbyshire County Council request email]

 

Stage 2:

 

After completing the above procedure, if you wish to challenge the
decision further, then you have a right to contact the Information
Commissioner’s Office as follows:

 

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

         

Telephone: Tel: 0303 123 1113/Fax: 01625 524510

ICO Weblink: [5]https://ico.org.uk/make-a-complaint/

 

Should you have further questions or queries, please do not hesitate to
get in contact. 

 

Yours sincerely

 

 

Access to Information

Economy, Transport and Environment

 

 

 

 

 

 

 

 

 

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References

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