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Business and Planning Act 2020 (Pavement Licences) (Coronavirus) (Amendment) Regulations 2021

My Lords, last year in the debate on this in this House, I said that I was very much in favour of this measure, and I am in favour again of a year’s extension, not only for the businesses themselves but because extending bars and restaurants on to the street, even if temporarily, generally represents an enhancement of our public space by increasing the sharing of public space. In a sense, it is good for the vitality of our high streets.

However, although the measure clearly is good for the businesses concerned, particularly during the pandemic, as is the intention of the regulations, the question must be: how have communities reacted as whole, including non-smokers and the disabled? Have the Government made a formal overall assessment of the effect of this measure? Will they do so? The local authorities are making these decisions, but these are two separate things.

I am in favour of the shared-spaced principle which hovers in the background of this. It is not directly a debate on shared space but I miss the wisdom of Hans Monderman, who died too young at the age of 62, 13 years ago. Others have carried his work forward, but it would be interesting to know how he would have dealt with today’s concerns of the blind and partially sighted in this and other instances. His guiding principle was negotiation between users in the space itself, which of course makes the solution to the organisation of space particularly challenging when some users cannot rely on visual clues. A shared space is not properly a shared space unless it can be shared by all. The space that a blind person has been used to will get altered at certain times if part of a pavement is used by, for example, a bar or restaurant. It will then be important for that space used to be geographically predictable on a day-to-day basis, the territory precisely marked out, to a few inches at the most. It is not just about there being enough space for all pedestrians, including the disabled, to negotiate or navigate without having to walk into the road.

I made a suggestion to the Minister last year, to which he was receptive, that areas could be marked in their corners by fairly sturdy objects such as square plant boxes, and I am glad to see that this has been included in the guidance. The predictability of these spaces on a day-to-day basis will be respectful to use of the whole space for all pedestrians. Councils have gone further, pedestrianising some streets, at least on a temporary basis, to allow greater pavement space for businesses, but here, too, there must be clearly understood and replicable routes for pedestrians. This might mean a route between one obstacle of one business and an obstacle of another when there is no obvious edge of a footway. Do the Government intend to update the guidance? I am not sure that some of these points are emphasised enough in the current guidance.

3.23 pm

Type
Proceeding contribution
Reference
813 c388GC 
Session
2021-22
Chamber / Committee
House of Lords Grand Committee
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