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Item 5 Report to Lead Cabinet Member for Transport and Environment

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Item 5 Report to Lead Cabinet Member for Transport and Environment Agenda Item 5 Report to Lead Cabinet Member for Transport and Environment Date 10 December 2012 Report By Director of Transport and Environment Title of Report Land at Manchester Road, Ninfield Purpose of Report To seek approval to rescind the highway scheme approved for Manchester Road, Ninfield. RECOMMENDATION: The Lead Member is recommended to approve the rescinding of the highway scheme approved for Manchester Road, Ninfield as shown at Appendix 1. 1. Financial Appraisal 1.1 Approved highway schemes are recorded on the highway terrier and must be declared on local land charge searches where appropriate and when interested parties request information. If the schemes remain as approved schemes, costs will be incurred in maintaining the terrier and in declaring information on searches, letters and over the telephone. There is also the possibility that the County Council might be served a blight notice by an affected property owner. If proved to be valid, the Council would incur costs in acquiring the property. 1.2 There is no financial cost in rescinding the scheme. 2. Supporting Information 2.1 An improvement scheme for Manchester Road, Ninfield was approved by the County Council Highway and Transportation Committee in 1986 as shown at Appendix 1. The scheme was intended to provide a footway along sections of the south side of the road, lay- bys to serve a doctors’ surgery and post office/ store, widening of small sections of the carriageway and some drainage improvements. The scheme required the compulsory purchase of small areas of land from a number of properties adjacent to the highway. 2.2 Following the approval of the scheme, there were several objections to the compulsory purchase orders which were not possible to resolve. It also became apparent that a lay-by for parking at the doctors’ surgery would not be necessary as the doctors were moving to new premises. The view of Ninfield Parish Council and local residents at the time was that the proposed scheme should not go ahead. Following discussions with the Parish Council the County Council withdrew its application for a compulsory purchase order in 1988. 2.3 As part of an ongoing review of approved highway schemes, it has been concluded that the scheme is extremely unlikely to be progressed by the County Council. For this reason the County Council’s intention to implement this scheme should be formally withdrawn. 3. Comments / Appraisal 3.1 In August 2012, letters were sent to local County and District Councillors and Ninfield Parish Council to advise them that the County Council would be consulting with landowners 15 affected by the proposed scheme recommending that the scheme is formally rescinded and seeking their comments. No comments have been received. 3.2 In September 2012, a letter was sent to 36 land owners affected by the proposed scheme advising them of the intention to take a report to the Lead Member for Transport and Environment’s decision making meeting in December 2012 recommending that the scheme should be rescinded and seeking their comments on the proposed rescission. 3.3 Two land owners have responded to the consultation and a summary of the comments received and proposed responses are attached at Appendix 2. Full copies of the responses are available in the Members Room. One was very much in favour of rescinding the scheme. The second, while not stating a clear opinion on whether the scheme should be rescinded, does imply they oppose the rescission and highlights the damage done by motorists to the fences around their property over the years as well as the maintenance of the footpath adjacent to their property. The footpath maintenance issues have been passed to our Highways Contact Centre for consideration and action as appropriate. 4. Conclusion 4.1 The scheme is highly unlikely to be proposed for implementation in the foreseeable future, and is not identified as a priority in our Local Transport Plan. Given the marginal benefits of this scheme, the need to compulsory purchase land, and the risk of a blight notice being served on the County Council, I recommend that the scheme is rescinded. RUPERT CLUBB Director of Transport and Environment 26 November 2012 Contact Officer: Penelope Bentley Tel. No. 01273 482248 Local Members: Councillors Bentley and Thomas BACKGROUND DOCUMENTS Consultation responses 16 17 18 Appendix 2 Respondents in support of rescinding the Manchester Road Scheme Letter received Comments - summary Proposed response from: Resident of I feel that the continuation of this Noted. Manchester Road scheme is inappropriate. It is not (written to Councillor ‘safeguarding’ any future Bentley and copied to schemes as the very reason for ESCC) the scheme no longer exists. The Highway Authority, by their action in narrowing the junction, acknowledge that there is no reason for the scheme and 26 years have passed since it was originally conceived and the need for which has long ceased to exist. The County Council have stated that they will not be progressing the scheme and rightly suggest that the scheme should be rescinded. Respondents opposed to rescinding the Manchester Road Scheme Letter received Comments - summary Proposed response from: Resident of I live at the narrowest section of Noted. Manchester Road the road. When I bought the property in 1994 I was told of the widening scheme (Fine). In these years drivers reversing have cost me two new fences. Comments on the state of a Comments on the right of way public footpath between have been referred to our Manchester Road and the High Highways Contact Centre. Street. 19 20 Lead Member for Economy, Transport and Environment 10 December 2012 Land at Manchester Road, Ninfield Elm Cottage Maple House Beechcroft Kagarah The Laurels Ankari Gables End Broadview Highview Hilltop Three Cats Corner 58.1m Aghavannagh GP The Whym GP 79.4m Hayrede Hurstmead 77.2m16 Pond Plot38 MANCHESTER ROAD 18 12 The Skerry Dale Sparke Ban k Issues Kiri 22 Gardens 2 Yew Tree Cottage 2b 2a Endswell COOMBE Coombe Cottage 28 7 1 SHAW Anchorage Coombe Lodge 38 LB MANCHESTER ROAD Jekendra 62.0m Muffins 9 Tel Montana COOKSTOWN CLOSE Standard Ex Trethew eys Hill 1 Until 1 Reservoir 46 Moons Hill Cottage (covered) Church Farm The Mews 2 Rosetree 2 11 RoseHouse Lemon Cottage Bad gers Po nd Tree Cottages Cottage 1 Lynwood Oakhurst 17 MOONS HILL 22 El Sub Sta Church Farm Barn 26 Church Farm Oast Suncrest Eastcombe 1 MILLFIELD Ochiltree 77.1m Bramble Cott Water Tower 4 El Sub Sta Myrtle Gorselands Bonadea 1 White Cottage Gable 15 Linkinh orn Byeways April Cottage 5 Beckington Crispe Cottage Somerville 10 11 14 House Woodlands Cottage Merlin Melrose Ninfield Cottage Greenways Hedges A 269 London Ho Hillside Mill Meadow Pine Cott The O ld Cap el Hurst Bakery The Briars Low Green 79.3m Semenyih Moor Cottage Moons Hill High Knoll Walden Lodge 75.2m 1 HIGH STREET Farm 2 Jubilee 1Cottages2 Hathaway 77.2m Samollie Surgery Stoneings Cross Cottage Keswick Fir Tree Spes Bona Topos Cross Silver Clouds Garfield TCB 1 Cottages Stone Lodge LB Farm House Blacksmiths Inn 4 (PH) 75.8m Curlews Pippins Marshwood Greytiles Compton The Paddock Canberra Restholme Felstead Fairview Fir Tree House Twitten Cottage Peter Pan Fairmount Old Mill View Rosemary 1 Berriedale Tudor Cottage 1 Shirlings 3 Daylesford The Dolls House South 3 The Nook Romany Cottage Jalna 1 Cherriel Briardale View 2 Rose 1 THE GREEN 2 House Charlton Tree Tops CottagesEl Sub Sta Church Path MOOR HALL DRIVE West House East House Croin dene Meadow View Sunnyside Villas Ivydene Farnleigh 2 Ninfield 1 22 Glen Hurst Downsview Deep Dunrobin Purple 74.9m 12 Moor Hall Grange Horam Lodge Seaview 32 Cottages Church Path 2 1 1 DOWNS 2 15 VIEW Pond Holly Cottage The Lodge Path (um) Roosters LANE Oaklands Location Plan 1 Conifers The Old 6 Church Wood Parlour The Dairy Issues CHURCH The Hall Courtyard Rectory Ponds The Garth IVE GRANGE 1 2 Church of England St Mary's Church Primary School Site Sunnyside House Path (um) 5 Path (um) Tennis Court Pond School House Allotment Gardens Kirkway Braemar Strathmore Bedale Moorhall Stream 55.6m Church Barn Farm Lower Street Scale 1:50000 Reproduced from the Ordnance Survey mappingPath (um) with RupertRupert ClubbClubb Reproduced from the Ordnance Survey mapping with the the permission of the Controller of Her Majesty's permission of the Controller of Her Majesty's Stationery Office BEngBEng (Hons)(Hons) CEng CEng MICE MICE Stationery Office © Crown Copyright. © Crown Copyright. Unauthorised reproduction infringes Unauthorised reproduction infringes Crown copyright Director,Director, Economy,Transport Transportand Environment and Environment Crown copyright and may lead to prosecution or civil proceedings. ScaleScale 1: 1:4000 and may lead to prosecution or civil proceedings. East Sussex County Council, 100019601, 2007 EastEast SussexSussex CountyCounty CouncilCouncil East Sussex County Council, 100019601, 2012 21 22.
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