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By-law bid for snow clearing responsibility
Wednesday 13th January 2010, 8:14AM GMT.
Businesses and residents in Shropshire could have to clear away snow from outside their premises and homes if a county councillor’s call for a new by-law is put forward and approved.
Councillor Dr Maxwell Winchester wants Shropshire Council to consider introducing the by-law to ensure pavements are kept snow free.
And he said a similar initiative had already proved a success in Canada and France where people have 24 hours to get their pavements clear after a snowfall.
Councillor Winchester has asked for the item to be put on a future council agenda.
He said: “I believe we should be implementing a by-law if not for residents then at least for businesses where they should be clearing the pathway outside their shops of snow.
“I personally think it’s just good manners and don’t think it takes that long to clear the pavement outside the house.
“People in Shropshire are very well mannered generally and I think it’s just good manners.”
His comments come after roads and pavements across Shropshire – and other parts of the country – were covered in snow and ice as the UK was faced with treacherous conditions and below zero temperatures.
Councillor Winchester, who represents the Quarry and Coton Hill ward on the unitary authority, has asked Martin Taylor-Smith, portfolio holder for strategic planning and transport, if the item can be included on the agenda of a future council meeting to be considered.
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definitely should apply to businesses, but cannot see how it would work for residents. eg. what would happen if you’re away on holidays/business and someone slipped outside your home? What about people in shared accomodation, flats. etc.?
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as i work around sixty five hours a week can i suggest that our county councillors get off their ar–s and do more with this problem.they waste money on that piece of tat at shrewsbury they want to keep the money if returned from iceland [it belongs to bridgnorth taxpayers]the roads before the snow are dire in this county and i drive aruond 1500 miles a week and shropshires roads are probably the worst.i pay more council tax in brignorth compared to other parts of shropshire and what do i get bin emptied once a fortnight police patrols non existant and a fire service that has more chiefs than indians.
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If it had not snowed this week would this councillor have come up with the idea ??? more important things for you to be doing mR winchester.
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how exactly is going to enforce this law, i live in a street thats mainly filled with retired people so does that mean that they will have to stick a plough to the front of there electric wheel chairs? mind you they will probably do a better job of what the council have of keeping the roads by me clear!
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Great Idea But, what about disabled people like myself who can not clear away snow would councllor Winchester come & clear the snow for us or would the councill send out special crews to clear our drives & paths, if it would be the latter then why are they noy doing so now.
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Does this plan include how to deal with being sued if someone slips on pavement you’ve cleared?
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This just goes to show the calibre of councillors that we have in the county. They will spout any kind of nonsense just to get their names in the newspaper.
The council can’t even keep it’s own property clear of snow and accessible – just look at how many schools have been closed.
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I run a business from home. I have been told NOT to clear the snow as if anyone then has an accident i am liable!!
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Ok, so where are we supposed to put this snow Dr Maxwell? In the road, where it will cause more problems? As I understand it, the council owns all footpaths so it must be their responsibility. Will the council cover me if I have an accident whilst maintaining their property?
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A small observation, don’t the council own the pavements, so I assume the the council will be issuing us with protective clothing, shovels , grit and Insurance to cover liabilty. How many yards has Dr whinchester cleared today, I wonder,
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I wonder how old Dr.Maxwell is ?.My father was 89 when he died ,my mother 92 they lived an independant life ,so Dr.Maxwell would have liked to see them wielding a shovel .He has also forgotten if you clear the snow and there is a a slight thaw and then a frost an even more slippy surface is left .Perhaps the voters will show more sense than him next time and give him the shovel ,to help him from the council
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If bin men can’t be bothered to come and collect our rubbish, why should we bother to clear our pavements?? Get a life Winchester – go and help design some more statues!!
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whose job would it be to clear in front of empty shops
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People used to do this anyway. I remember growing up in a cul-de-sac in Shrewsbury when we had the real bad snow of 1976, everyone cleared the snow together which was great for community spirit and those who were too old or infirm had their path cleared for them by neighbours who looked out for them.
There wasn’t the attitude of “someone needs to do something about this,” we just did it ourselves.
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thats all well and good but will the law change that you can not get sued if someone slips on the area you have cleared. HSE are advising people not to clear snow.
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John Howard beat me to it. My first thought was also “where do you put the cleared snow”? It’s rather like the man who dug a hole, then dug another hole to dispose of the soil, then dug another hole to dispose of the soil… you get the idea.
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Posts 6 and 8 highlight why, I think, people are wary of clearing the footpath in front of their homes.
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You seem to have all missed the fact that it works in Canada and France, but lets all shoot down the idea before we hear all the facts eh?
And god forbid us doing anything for our communities and helping our neighbours!! No, lets just bang on about putting in compensation claims if somebody falls over.
What has happened to people? Selfish and lazy, thats what!!
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when it comes to buisness car parks you liable if you dont clear snow/ice but if you do clear it some one falls as you havent done it properly then you are liable then to but if done properly now one should fall so your ok.
pavement wise i can see the idea behind it and it makes sense as canada is under snow for so long were we have it for a week or so and thats it (apart from this time were its been a bit longer) so i dont really see it working however if it does work i will happily set up a buisness clearing snow for people for a nice fee.
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ABOUT TIME SOME ONE CAME UP WITH THE IDEA,well done Councillor Dr Maxwell Winchester. i remember as a child living in scotland. which had snow most years, that people cleaned there own pathways.leading to the frount door and the path out side there house,where did we put the snow. on the garden. as for disabled people well they would have to be registered disabled. then they would be excempt from doing it. now some will say but i go to work. hey we have always worked its not a new thing, as for the law stating that people can claim if your path is cleared. well that law is plain stupid and should be revolked at once. remember this is your country. so why are we no taking pride in it
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I cannot believe that the can suggest this – What on earth do we pay our council tax for. As it is we have no grit left on our estate and the bin men havent even bothered to try and collect our rubbish (we havent had our black bins emptied since before xmas!!). If they carry on like this I would rather pay to have my bins emptied and be charged if i need the police at least I would know where my hard earned cash was going. Personally I think we are just paying for the wages of overpaid council workers!
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“I personally think it’s just good manners and don’t think it takes that long to clear the pavement outside the house.” – I agree – but then older people, disabled people etc etc etc may need someone to help them do this – and will we then have to buy our own grit to clear the ice!? we make sure our path is clear outside our house at the moment during this icy period – for our own walking but then it helps people passing by also – if everyone did a little bit outside the places they use – then the whole town would eb ice free! surely this is a good thing!? why dont people clear outside their houses etc anyways – do they like slipping over!?
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Just hold on a cotton picking moment. The Council never grit the estates in Telford & Wrekin, yeah they do the main roads but that is it, we dont have a grit tub to speak of but make do and carry on. If Shropshire Council introduce this it will miss T&W because they are not part of the unitary authority or are they going to but in and have overall say?
It costs a good £10 or more to purchase a bag of grit which I did last year for my mother, so in the winter when the weather is bad we should have our council rates reduced so that we can go out and purchase what is needed and do THEIR job for them!
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Great idea! In fact, if Dr Maxwell Winchester would be so kind as to come and push my wheelchair up the path so I can get out of my house, I’d be more than happy to clear the path! Oh hang on… I forgot, I can’t walk therefore cannot do this…so what next smartypants?
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What is the point of my clearing my path when the roads in my estate never get cleared. The area where I live has not been free from snow and Ice since the first day of snow falling. Who will clear the paths for the elderly or infirm, will they be fined if they are unable to do it, will we who do clear the paths be sued if someone slips on it after?
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This a great idea and initiative from the councillor. Public purses are not bottomless, and I’m sure you would all be complaining if council tax went up to pay for snow being cleared on the pavement. It works perfectly well in other countries. About time we got some community spirit back! Quit moaning and get stuck in.
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And where would we all go and get that grit from then Suzanne? Not noticed the grit shortage on the news? nope thought not.
And i wish people would stop hiding behind the ‘i pay my council tax’ excuse for not getting off their backsides and helping their friends and neighbours. You are just selfish and lazy and have a very poor attitude.
And for those moaning about elderly and disabled, come on use your heads, do you think in France and Canada that they force them out to clear their pavements? Perhaps you could ask a neighbour if their not sat on their backside moaning about their council tax!!
Lets hear some community spirit for a change!!
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It is case law here in the UK that if you clear the snow then you have by implication made safe the area. If someone then slips on that snow then you are liable to be sued.
Now whether that is fair or not is not what I am saying. That is what the law is. Not what we would like it to be. What it is!!!!!
I doubt that this councillor has really thought this one through. He must be looking to be re elected in some way and is giving out soundbites of popular but unworkable ideas. The other comments on this site have also come up with many sensible reasons why this cannot work either. I suspect that if it were to be made law then the council would have the opportunity to penalie those who could not, did not or would not clear their snow by charging some extortionate rate for their workment to go and do the job. Then they would back up their claim by taking people through the court system. Why do I suspect this? Because people in councils now see themselves as Authorities and once put into the position of serving the people who elected them they then set about ruling them.
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What a load of rubbish!
like to see you make people do this, you have no chance, now toddle off and not get voted for, moaning old fool springs to mind here.
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Surely it’s fast approaching the time where we say enough. Would the council like us to tarmac the roads for them too?! We pay more and more in tax yet get less and less service. As several people have already said, I have always been told you shouldn’t clear the snow from outside your house as you will be liable if someone gets hurt. Is it really ideal for councillors to be so incapable of thinking of the bigger picture as obviously not everyone is physically capable of clearing snow.
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Good for you Bobby, where is the community spirit?? If you have elderly in your community then surely you can help by clearing not only your own path but theirs too!! It doesn’t take long, we are living in the USA and by law have to clear our drives and paths in front of the house for school children to safely walk to the bus. We all help each other, old or young!! All I am reading is one moan after another, if you have this much time to complain maybe the paths could have been cleared by now instead of commenting on this, get out there and help, cause no one will do it for you!!!!
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Agree a great idea, probably needs some refinement to cover the elderly, disabled etc. I am old enough to remember the winter of 1963, when people did clear the path in front of their house and shop, councils didn’t grit paths then, my parents and neighbours went out and cleared the snow away.
One refinement could be that if you cleared the snow you would not be held liable if some someone subsequently slipped over.
Yes it works in Canada, also need to note that cars are not permitted to be parked on roads during winter to allow snow ploughs and gritters free access to clear roads. If left on road can be towed away at your cost.
To Suzanne are you advocatint that every road and pavement in T&W should be gritted, are you prepared to pay a substanial increase in Council Tax to cover the extra cost of grit & salt, additional manpower and vehicles for a once in 30 year event.
The Gritting staff and T&W have done an excellent job in keeping main routes open during this period
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What a great idea, seeing cyclists ignoring common-sense when riding on the roads bothers me, lets get ‘em back on the snow-free pavements where they belong terrorising pedestrians.
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so many excuses from folk not prepared to do a little bit for their friends, family or neighbours, lazy lazy lazy people who want someone to blame so they don’t have to do a little bit of graft for themselves or others who can’t help themselves.
what a shame this country has developed a blame culture which will just be passed down to our children..
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Where do you put the cleared snow?I know – on the road so it then makes it the councils responsibility.I do apologise for the sarcasm.Councils were told in November that there was going to be heavy snowfalls during December and January,they failed to heed that warning,resulting in a lack of stocking enough grit to cope with the situation.Maybe Councillors should look at themselves and their failings before looking to the taxpayers for a solution.Forward planning is a wonderful thing whent it’s carried out properly.Cold weather countries must be chuckling at us and seeing how useless we are at coping with the present situation.
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All this stuff about not clearing snow in case you get sued is frankly a load of old rubbish. If anyone could point me in the direction of a reputable source that shows this has actually ever happened, then I’ll eat my snowman’s hat. If you were to do something stupid like pour hot water over snow/ice to melt it, which then subsequently froze, then you could rightly be open to legal action. Otherwise, you can happily clear it.
For the benefit of Dave in Bridlington, do please enlighten me with the HSE document that says this. All I could see on their website was advice on “setting up systems for clearing and gritting of paths and surfaces”. Hardly a stark warning against such actions.
Many faults the council do have, but they can’t do everything clearly. If they can’t get into your estate to clear the roads and paths, why not do it yourselves? And no, you won’t get sued.
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Dave (post 14)
The people who’ve been (mis)quoted – who weren’t the HSE – say it’s all tosh anyway:
http://downloads.bbc.co.uk/rmhttp/shropshire/jim.mp3
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That is exactly why my local’s landlord cannot clear the pavement in front of the entrance – he has been informed that he then becomes liable if someone slips and injures themselves.
It’s not selfish and lazy – it’s the self preservation required by all businesses due to some people seeking (successfully) false compensation claims. People who are helpful are then sued by unscrupulous others so can you blame people for wanting to protect themselves against frivilous lawsuits amounting to thousands of pounds?
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I’ll move the snow. I’ll grit the roads. Empty my own bins. Police my own area. None of this get’s done anyway. Perhaps I’ll get a refund on my bills. Come Telford & Wrekin Council pull your socks up.
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In Boston USA a few years ago they had a foot of snow overnight and said it was a regular thing. I looked out of the hotel window and there working away were a load of guys clearing all the paths with snow blowers.This happened the full 10 days we were there. Learn from the street workers of Boston USA how to keep paths clear.
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I don’t want to clear the snow outside my house.
It’s too cold, and what’s more, I would run the risk of having to talk to my neighbours.
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Whilst citizens in France & Canada do the work themselves it is probably because they don`t already pay the authorities to do it as is the case in the UK , I was once informed by a continental resident that their annual equivalent to council tax amounted to somewhat less than a month of my own so there is reasaonable excuse over there which does not exist here.
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How about a Bylaw that forces councils that close Schools and other services to refund their costs to the taxpayer. Why is it that council workmen can get to work clearing the snow but the councils white collar employees have to stay home on full pay? How about giving teachers a shovel for each child getting them clearing the school access roads or making the schools have shorter holidays to compensate for the lost education? Why does the taxpayer have to take time off work, unpaid, as the school closures mean the mother has to stay away from work? The taxpayer loses money, the tax collector loses money but the state employee remains unaffected in their gold plated world.
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i thin community action is a good idea, it helps keep council tax levels down and its goof for people, i’d gladly do mine but agree, needs to be idemnified to stop the health and safety people suing me if i do it wrong
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after reading all of your comments i thought i would leave one of my own.For starts the ones who say we are lazy if you feel that passionate about it get of your lazy rear ends and do it for us as you seem to have plenty of time to leave messages on here.Second off there has been a shortage of grit and salt since the last snow fall im a clever girl i watch the news. all in all i say do what you think is right for you
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Charlotte Brindley said:
I cannot believe that the can suggest this – What on earth do we pay our council tax for.
Housing services
Education (parts of it)
Trading Standards
Environmental Health
Rubbish Collection
Recycling
Social Services
Care for the Elderly
Planning
Traffic Management
Pollution Control
Parks & Open spaces
Pest Control
Benefit advice services
Emergency Planning
Registrar of Births Deaths and Marriages
Crematoria
Taxi Licensing
Business support and advice
Regeneration
Fire & Rescue Services
Police
Carers support
and a raft of other services too numerous to mention. That is what you pay your council tax for.
Consider this a service as you obviously didn’t bother yourself to find out before making a comment like that. Still that’s usually the knee jerk response if the bins aren’t emptied – that’s all I get from my council tax.
No – don’t mention it.
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Perhaps we could each clear the footpath in front of our neighbours house just because we can.
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Nice idea in concept – but there is a liability issue if you attempt to clear snow and ice and someone falls or trips!
Also, why should the public and businesses be responsible for clearing snow and ice off pavements which is not within their property boundary!
And would love to see the frail, blind, disabled and infirm clearing snow and ice from in front of their property too!!! How practical is that!
What next, resident’s responsible for snow clearing on roads that go untreaded as they don’t fall on the gritting routes. Well it is one way the council can consider to make the £7.1 million savings it seeks.
If bin men won’t empty bins because of snow and ice on the road, because of health and safety rules. Then why should we clear it …..
Ill concieved idea. Upside down thinking from a kiwi.
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Popski….completely off subject, but since you mention it….so bike riders on the road ‘ignore common sense’ and on the pavement ‘terrorise pedestrians’. While you are waiting with you engine running, chugging out fumes, tomorrow morning waiting for the windows to defrost perhaps you could come up with an idea where you would like cyclists to ride?
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Where in the HSE document does it say you wont get sued or should we just take you word for it?
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It is a requirement in Canada – complete tosh, I live in Canada and the council come around every morning around 7am, and sometimes more than once per day, to clear, sand and salt our pavements – the snow plough comes down the roads at 6am and sometimes more than once per day/night for heavier falls, and our taxes (property, income, vat) are lower than yours (and our bins and recycling is collected weekly, whatever the weather, and our schools are open, whatever the weather)…..
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you’ll be expecting the council to cut your grass next..
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This must be a joke?
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Bemused @ 46
Since I only make use of 2 of the services on your list should I get a council tax rebate?
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@54 which two, this should be fun..
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Crematoria & Regeneration perhaps ?
Suellan Fowler alias Dr Who! :)
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YES bemused it is among the many things we pay our council tax and taxes for, and please note council tax which has in our case doubled since it came in .So I would like to see some value for money please.
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For all you legal experts who think you may be taken to court for clearing your path please read this:-
http://www.guardian.co.uk/money/2010/jan/09/questions-big-freeze-consumer-rights
I don’t know how to make a link, but copy and paste into your browser.
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That’s how you do it, DOH!!
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Does this joker live in the real world? what about empty properties, disabled owners how do they cope, Maybe if councillors did not claim over inflated expenses there may be some more money left to pay for snow clearence. Get a life and live in the real world. Dr Winchester.
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its a typical tory idea, the correct way is for a communal bill to be shared out by all through taxation and the public sector can then deliver the service fairly to all people regardles of ability
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I myself am registered disabled with serious heart problems, so is my wife. My left side neighbour is a fit young man with a young fit wife. My right side neighbour is a pensioner with advanced cancer and a wife far from well. Next to them is a couple who are rarely at home spending their retirement travelling the world. Opposite to them is a disabled, divorced, single man. Next to him is a disabled widow just had a hip replacement. The total pavement length outside these five houses is some 200 yards. – Sorry, can’t go on I am just popping next door to ask the fit young man if he will clear the snow away from outside all the other 5 peoples houses.
I almost got into great trouble this morning clearing the snow from around my car on my drive – I won’t attempt that again.
This Councillor is a very silly man and this totally mad idea say’s little for his Doctorate. But it probably accounts for him being a Councillor.
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@54
I’m not entirely sure that is how the tax system works to be fair. You see if you just paid for what you used you wouldn’t be able to afford it.
I can’t really see how anyone could only use 2 even if they stayed in the house and never went anywhere. You’ll still benefit from Education (who teaches kids so that we have doctors, nurses, utility workers to keep the lights on), Trading standards – you’ll have to buy things and they will regulate what you buy, fire and rescue will have to be there anyway, traffic management means they’ll be able to get to you, likewise the police – blimey thats loads already without even leaving the house!
Trouble is most people in this country want scandinavian style public services for american rate taxes – frankly it’s not going to happen
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For the £100+ council tax i pay per month i expect a councillor to come out with a shovel and clear my pavement for me instead of my money going towards their ” expenses “.
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Do the posters here read all the other comments? I’m sure everyone has beter things to do than talk about the silly/not so silly suggestions of our local leaders, especially as the same comments have been raised over and over again. Why not write an official letter or stage a (peaceful) protest if you feel so strongly.
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RIDICULOUS!
I remember my Grandad use to go out on an icy day, walk to the end of the road where the grit box used to be and would then grit all the paths for each of the residents. They shouldn’t of removed these bins in the first place!!!!!
I certainly dont’t want this by-law passed. I don’t want to be responsible for the clerance/maintenance of public highways and in turn, the responsibility of other residents safety on the footpath that lies adjacent to my property!
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I’d be happy to clear my path if Health & Safety hadn’t gone mad!!!
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I’d be happy to remove the snow, if Health & Safety hadn’t gone mad!
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And you wonder why we emigrated!!! The great british public at your best!!
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