W 09 Mar 2022 - Footway Obstruction and Permit to Occupy
To: Inverness City Manager
Cc: Roads Operations Manager
I'm trying to discern the Highland Council's policy regarding obstruction of footways.
I refer to three Highland Council documents:
- Application for permission to occupy the road ...
... with an advertising sign;
... with a market or stall;
... with a street café.
As these permissions all relate to the same law [Roads (Scotland) Act 1984 Section 59]
I would expect their contents to be the same apart from the particular obstruction they relate to.
The constraints for an advertising sign are the most detailed. In particular:
- The remaining available footway width between carriageway and front of display/sign
must not be reduced below 1.8m.
- For streets with high pedestrian usage this available footway width is raised to 2.75m.
For a market or stall the available footway width is also 1.8m (the same as for a sign).
However, for streets with high pedestrian usage, no width is specified. It merely states that the
minimum obstructed space will be much greater width as determined by the Roads Authority.
For a street café it is even more vague.
The lower limit of 1.8m disappears completely and is replaced with:
There must be an adequate width of unobstructed space for pedestrian usage, either on the footway,
or where the footway is occupied by a street café , on an adjacent parking bay or carriageway.
On streets with high pedestrian usage, and in pedestrianised areas, the minimum unobstructed space
will be such greater width as determined by the Roads Authority.
This is further qualified , as appropriate, by the provision of an adequate and acceptable barrier
system to separate the seating/pedestrian area from the live carriageway.
This raises a number of questions but only two will be put forward at this time:
• What is the definition of "high pedestrian usage"? For example would the footway
on the south side of Bridge Street (the Castle side) be classed as such?
• What is the definition of "adequate width of unobstructed space for pedestrian usage"?
Without clear guidance, "as determined by the Roads Authority" sounds to the layperson
as if the Council will decide based on a whim.