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#1 Posted : 16 February 2004 14:50:00(UTC)
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Posted By Robert Ball We operate a facility for passenger transport in conjunction with a local authority. The Facility is new and unfenced although there is supposedly landscaping around the area to deter pedestrians taking short cuts. Our risk assessment has highlighted a potential problem with pedestrian vehicle conflict. We have an ongoing problem with members of the public shortcutting across the vehicle movement area, and the planting has been trodden down to a few twigs despite being replaced on a frequent basis. We have proposed the installation of fencing around the facility of a sort in-keping with the environment. Our problem is that the local authority have refused planning on the grounds that they "don't like the idea". Discussion are obviously ongoing but it doesn't look very positive. I would welcome any sugestions or hints on how we can bring more pressure to bear on the authority, and perhaps someone may know of a precedant somwhere that we can use as a defence if (God forbid) someone is injured (we have copies of all correspondance). We obviously have safe work methods for drivers in relation to speed etc but despite this the risk still exists.
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#2 Posted : 16 February 2004 15:10:00(UTC)
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Posted By Bev Hi Robert, While you're waiting for approval for your fence, have you got signs up to warn pedestrians of the hazards and/or prohibiting their access across the short cut? I know a lot of people will ignore or not notice signs, but it might help in any defence of a claim. Also, would you be able to put up a temporary barrier such as taping the area off? It's no good as security but people can't inadvertently roam into the area. I don't know if the council have prohibited this too, but if not, it might be useful in the short term (and fairly cheap). Re the planning consent - I don't know what their grounds are for refusal, but if it's just aesthetic, surely you will win this at appeal. If you don't have any luck finding any precedents (which would also help you to get planning consent), my Dad's a Planning Consultant and knows his stuff inside and out. If you need help, he (or one of his associates - not sure if this is precisely his field) would write your appeal and present it for you, including digging up any precedents). He would have to charge for his time (he leads me to believe he is very reasonable!). However, he would have an initial phone conversation with you for free and will give his opinion on your situation and likely outcomes if you gave him a few more details. He doesn't charge for a general phone enquiry like this. If this is any good to you, email me and I'll give you his number. He might be able to tell you how to find precedents, although I'm not sure if you have to pay for copies of other planning consents, etc. He'll tell you this. He's a decent bloke - not just out to make a fast buck! Best of luck - sorry to not have an answer straight away for you.
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#3 Posted : 16 February 2004 15:16:00(UTC)
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Posted By Paul Oliver Hi Robert, In my previous life i was employed as a H&S Advisor for a large passenger transport company. we too had a depot where there was pedestrian access through the location. it was also used as a change / hand over point for drivers, where passengers saw fit to alight the vehicle on numerous occasions to attend to the toilet. in this instance i ensured that a suitable managemnt system had been implemented that included the usual traffic management control measures: segregation, designated walkways, speed limits and a whole host of signage. i found the major point was to make sure that all vehicle drivers were educated about the layout of the depot and the hazards associated with memebrs of the public. as you are aware you cannot control the public but you can manage your own staff. i fully understand the stubborness of the local authority, but can assure you that as long as you manage your staff then that is 75% of the battle. it does not matter how many letters you have to the local authority it is your location and your responsiblity to manage it. Duty of care to all employees, visitors, members of the public and all those who may be affected by your activities (ring a bell). i must say that the worse scenarios for me were the traffic management problems that arose within bus stations. one final note is that the HSE visited a number of deopts like the one in question and were more than happy with the measures we had taken. if you require more info please feel free to e-mail me. cheers Paul
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#4 Posted : 17 February 2004 10:36:00(UTC)
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Posted By Ken Taylor Could you try less penetrable shrubs closely planted (with protective wind-break fencing until established)? Planners can be quite insensitive to health and safety. I have, on occasions, had to contest their wishes for toxic shrubs and trees planted in school grounds.
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#5 Posted : 17 February 2004 13:20:00(UTC)
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Posted By Richard Mathews Robert I think Ken's suggestion of less penetrable shrubs is probably the best way forward. The problem that I have found with fences in these sort of areas is that they have to end somewhere and at that point members of the public will just walk around them. Then you have a pedestrian in a vehicle movement area with the potential that they will be crushed between the fence and a vehicle (I have experience of this, result, crushed pelvis). Also install signs warning of dangers and prohibiting pedestrians. Provide safe walkways and designated crossing points. All of these will be ignored by the public and they will go where they want, but at least you will have flame retardant trousers. If you want any further help, why not contact one of the Passenger Transport Executives, they all have safety officers with a lot of experience in these issues and I'm sure they would be willing to help. Richard
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#6 Posted : 20 February 2004 09:00:00(UTC)
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Posted By Robert Ball Many thanks to you all for your replies. We already have signage in place as well as safe work methods for drivers, although this is made more difficult by the fact that many different companies are able to use the facility without restriction as it is effectively public. The annoying part is that it is operated in "partnerhip" with the same local authority that has refused planning. There is a low wooden fence @1.5 ft high in the shruberry area which is totally ignored. The facility itself backs on to a pub and it is not uncommon for "happy" people to wander across as a shortcut. We also have a problem that when our staff point out the dangers it is sometimes the spark for conflict. I am arranging an onsite meeting with the planners to see if we can get a sound reason for refusal. The proposed fence will lead to a pedestrian crossing area which leads directly into the waiting area of the station. rgds Robert
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