Dear Mr Murray,

Re: Inquest into the death of Scott Bradley Davies (ref: 35869178)

Thank you for your letter of 1st October 2024 enclosing a Prevention of Future Deaths Report in reference to the inquest into the death of Mr Scott Davies held on the 10th April 2024 and concluding on 19th September 2024, at which you determined Mr Davies died as a result of an accident. On behalf of Stockport Council, I would like to offer my sincere condolences to the family and friends of Mr Davies.

The section of road bisecting Alexandra Park, known as Cheadle Old Road, Edgeley, is a legitimate right of way for bicycles and emergency services vehicles. The reason for the installation of a barrier relates to the fact that this park is an area widely used by pedestrians, in particular, families who use the play equipment and green space available. It was considered that the risk posed to pedestrians by cyclists entering the park unhindered was sufficient to justify the installation of such barriers.

However, upon considering the circumstances of Mr Davies accident and subsequent death and your report, Stockport Council has taken action to improve the visibility of barriers within parks by permanently affixing reflective panels and adding reflective tape to the uprights to all barriers of this nature situated in similar positions across the borough. This work has already been completed in Alexandra Park as of 21st November 2024. The remaining work in the other locations will be completed by 31st March 2025.

To further ensure that we are maximising visibility of the barriers after dusk we are also auditing the lighting in surrounding areas to ensure they are not impeded by tree growth and that the levels are in accordance with BS:5489 lighting standards. Where remedial work is required, this will be complete by 31st March 2025.

An audit of the trees in the vicinity of the Alexandra Park barrier was carried out on 21st November 2024 and it was determined that no arboriculture work was needed at that time. The lighting on Cheadle Old Road was upgraded in 2019 as part of the ongoing LED lighting replacement programme, and we can confirm that the luminescence report notes it is compliant with lighting class P5 to BS5489.

Services to Place Stopford House, Piccadilly, Stockport SK1 3XE Email:

Date:26th November 2024 A3

If Emergency services require access to a location with a closed barrier, they have direct contact to the council control room and vice versa. Where needed the council will attend urgently to ensure that access is provided.

I trust the actions detailed fully address the concerns you have raised.

Your sincerely,

Assistant Director to Neighbourhoods

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Dear Mr Murray,

Thank you for your letter of 1 October to the Secretary of State, enclosing a Regulation 28 Report into the death of Scott Bradley Davies. I am responding as the Minister for the Future of Roads, and I was very sorry to hear of his death.

I am writing regarding your concern about the visibility of the barrier across the right of way at Cheadle Old Road, Edgeley.

I note your concerns regarding the risk that the barrier poses to road users. However, I should clarify that this is not a matter for the Department as it is the highway authority, in this case Stockport Metropolitan Borough Council, which is responsible for how traffic is managed on its roads, including rights of way. As with all local roads, it is for the Council to ensure that any infrastructure it installs on its network, including barriers and similar street furniture, is fit for purpose. It is also responsible for maintaining any infrastructure once installed.

The council has a duty under Section 122 of the Road Traffic Regulation Act 1984, to exercise its functions under the Act so as to secure the expeditious, convenient, and safe movement of traffic, so far as practicable having regard to various matters including the amenity of the area through which the road runs. This Department’s role is to provide the legislation and associated guidance.

Under section 97 of the Highways Act 1980 (“1980 Act”) highway authorities may provide lighting for the purpose of any highway for which they are the highway authority. They also have a duty under Section 41 of the 1980 Act to maintain the public highways in their charge. This duty includes street lighting.

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Decisions about the lighting of this barrier are for the highway authority, and it is not for central government to intervene in these kinds of local issues.

We have provided guidance on traffic management for local authorities in various publications, including the Traffic Signs Manual, as well as a variety of Traffic Advisory Leaflets and Local Transport Notes. These stress the importance of road safety when designing and installing road infrastructure. This guidance is all free to download from the Department’s website. The Department also encourages good practice in highway maintenance through channels such as Well-managed Highway Infrastructure - A Code of Practice, published by the UK Roads Leadership Group. This publication provides advice to local highway authorities on a range of issues, including street lighting.

The British Standards Institute publication, BS 5489-1:2020: Design of road lighting, gives recommendations on the general principles of road lighting and its aesthetic and technical aspects and advises on operation and maintenance.

As such, I hope you will understand why I consider that the Department does not need to take any action regarding this incident. I hope this is helpful.

Best wishes,

MINISTER FOR THE FUTURE OF ROADS A2