Petition the council

We responded as follows regarding statements made in the petition:

Pedestrianised streets are not carriageways

The petition correctly states some streets in Lichfield city centre are pedestrianised.

Whilst this is true, because city streets can be accessed by vehicles (city residents, disabled drivers and delivery drivers) at any time, pavement licences are still legally required. During the consultation period for the pedestrianisation scheme we received significant feedback from businesses and residents supporting the requirement for certain vehicles to have access at any time.

Legally we must ensure pedestrians have a safe space to travel along when a road is also being used by a vehicle - Lichfield city streets are still frequently used by vehicles.

The 1.5 metre guidance is not law

Whilst we absolutely take on board the needs of businesses and the desire for as much outside trading space as possible, we have sought to maintain a minimum 1.5m safe space when issuing pavement licences to protect pedestrian road-users, including children, parents with buggies, disabled people, those using wheelchairs, crutches or walkers, and those with visual impairments.

The legal advice we sought took into consideration the Business & Planning Act, the Pavement Licencing Guidance, the Inclusive Mobility Guidance, the Equalities Act, the Highways Act as well as the specific layout of Lichfield city streets, including Bird Street and Market Street. It has confirmed that a 1.5m safe space should be maintained as a ‘bare minimum’ and recommends we may need to consider a wider safe space in some settings – for example high footfall areas near junctions or bus stops.

With laws this new, case law/precedent does not always exist, but it is worth noting that City of York Council were taken to court by a disabled women for failing to observe the 1.5m minimum and had to pay a financial settlement, as well as alter their licensing approach to observe the 1.5m minimum – find out more about the case and how the council has altered its policies. 

Aggressive communications

We have reviewed the communications sent to local businesses as well as body cam footage and whilst we are always keen to improve how we communicate, we cannot agree that anything we have seen has been aggressive in nature. If you have any specific examples you want us to look into, we would be happy to do that.

Financial impacts

We acknowledge the introduction of pavement licences may place a financial burden on some businesses, however we must implement the licensing scheme in line with legal guidance, which includes observing a 1.5m minimum of safe space. We hope however that by ensuring the city centre is safe for all users, we will encourage more visitors in the long-term.

Cost of pavement licences

Pavement licences are issued for two-years. The cost of pavement licences is currently set at £0 until next April. We cannot make any commitments over the future costs of pavement licence processing at this time, however we will of course take into consideration businesses views when setting any future fee levels.

Key questions:

Remove the 1.5m clearance rule. The legal advice we have received has confirmed that a 1.5m safe space should be maintained as a ‘bare minimum’. If we reduced or removed this requirement it would open the council up to legal challenge. Campaigners have won legal challenges when a 1.5m safe space has not been observed in other parts of the country.

 Re-categorise pedestrianised streets. Fully pedestrianising a city centre is something any city can consider. To do so would mean that during pedestrianised hours no vehicles (including delivery vehicles, disabled drivers or city residents) would be able to drive into the pedestrianised zone. During the consultation period for the pedestrianisation scheme we received significant feedback from businesses and residents supporting the requirement for certain vehicles to have access at any time.

Allow for re-applications without penalty. You can reapply at no cost currently, but the requirements and conditions remain the same.

The Leader of the Council, Councillor Doug Pullen, has asked the Regulatory & Licencing Committee to review the council’s pavement licencing policy on 30 January 2025. The information contained in this response will be presented to the committee who will be asked to either endorse the council’s current approach or recommend an alternative legally compliant approach. City businesses are very welcome to attend the meeting to listen to the debate – find out more.

In summary, whilst we understand petitioners may be disappointed by this response, I want to reassure you we are committed to supporting businesses, however we must balance this with our duty to protect the safety of pedestrians.

We responded as follows regarding statements made in the petition:

We recently received a petition about our plans to introduce a football pitch into Burntwood Park.  We are very grateful to everyone who signed the petition to let us know their views and these have been actively considered. We sincerely apologise for not consulting with nearby residents before beginning the installation of the pitch.  Our response outlines our planned actions, designed to address the concerns raised in the petition, and to mitigate the impact of bringing football into the park.

Planting new trees and shrubs

To create a natural barrier, we will plant a line of young trees (not saplings) and shrubs, along the boundary wall between the football pitch and nearby houses in Wedgewood Close, set back approximately 8 – 10 metres. We are considering a mix of Silver Birch, Mountain Ash and Flowering Cherry, complemented by lower-growing shrubs. Our hope is that as these trees grow and come into leaf, they will provide a visual buffer between the pitch and nearby homes.  These will be maintained on a regular basis by us. 

Benches and bins

All six existing benches will be relocated to the play area side of the field away from Wedgewood Close. We will also ensure that waste bins including dog bins are appropriately installed and accompanied with clear signage where necessary.   

Slightly altered pitch location

We will adjust the location of the new pitch lines, moving them further away from the neighbouring properties to minimise any disturbance and allow for the planting of the new trees.  The pitch itself is set to be only suitable for junior and not adult football.

Responsible use

We are collaborating with a local football academy that will be the exclusive user of the pitch, catering to children up to twelve years old. We have communicated the local community’s concerns to the academy, and they have committed to ensuring that training sessions and matches (including parking arrangements) are carefully managed to minimise disruption.
A member of our parks team will be present for the first six weekend match sessions after the pitch opens, to monitor the impact, encourage respectful parking and ensure that club officials, players and their families are considerate of community needs and manage games respectfully.

The academy has also shared plans to develop a younger age football programme that will benefit the local community and is considering introducing walking football. Additionally, they will use the central field for seven-a-side matches, to take as much activity as possible away from residential areas.

Parking

We will provide the football academy with a key to the car park and ask that parents use this car park instead of parking on the road or yellow lines. A height restrictor and a lower-level barrier will be installed, with access keys provided to both the football club and the Scouts. We will also encourage the football club and Scouts to liaise over potential toilet and changing provision.

Tiny forest

Although Earthwatch currently manages the Tiny Forest area, we have agreed to remove the fence and tidy up the area in the coming weeks to hopefully encourage better  behaviours in that area of the park.

General use of the park area

We will liaise with the local Police Community Support Officers to monitor the area for any anti- social behaviour that might be apparent around the new football pitch area. 

Finally, we will take regular reviews of all these matters and take appropriate action as necessary before we decide on next steps and our ongoing plans for this area.