EEC/09/64/HQ South Hams Highways and Traffic Orders Committee 13 March 2009
Extinguishment of Highway, Land at Bittaford, Ugborough Parish
Report of the Area Engineer (South)
Please note that the following recommendation is subject to consideration and determination by the Committee before taking effect.
Recommendation: It is recommended that this Committee raises no objection to the stopping up of the highway under Section 116 of the Highways Act 1980 at Bittaford as shown on drawing UG/01/08.
1. Summary
This report is concerned with the extinguishment of a small area of highway adjacent to but below the highway of the B3213. This section of highway was formed when land was acquired in 1931 for the purposes of a highway improvement scheme.
2. Background
Following construction of the highway improvement, the remainder of the land was left fallow. An adjoining landowner requested a licence under S142 of the Highways Act 1980 to cultivate the highway – effectively bringing the land below the road level into his garden. That licence was granted in September 1986 and one year’s licence fee was received. Subsequent fees were not received and no effort was made to pursue them. In 2005 the land owner advised DCC that they were applying to the Land Registry to have the land transferred to their ownership by virtue of adverse possession. DCC had to concede that the land had been occupied without challenge for the requisite 12 years. However the land, having been acquired for highway purposes was still subject to highway rights – even if actually inaccessible to those who might want to exercise those rights. The current landowner has invoked Section 117 of the Highways Act 1980 and thereby has requested the County Council to exercise their powers under Section 116 of the Highways Act to stop up the Highway. The applicants have agreed to fund the process up to the value of £2,000.
3. Current Situation
Letters were written to the Chief Executive of the South Hams District Council and to the Clerk to Ugborough Parish Council in accordance with Section 116 (3) of the Highways Act 1980. Ugborough Parish Council has confirmed that they have no objection to the proposed stopping up. South Hams District Council has not objected.
4. Financial Considerations
The applicant has undertaken to meet costs incurred by the County Council in processing the Stopping up Order up to a value of £2,000. 5. Sustainability Considerations
There are no known sustainability issues for the Highway Authority associated with the recommendation.
6. Equality Considerations
There are no known equality issues associated with this proposed extinguishment.
7. Legal Considerations
There are no known implications at this time.
8. Alternative Options Considered
Other than retaining the land as highway there are no alternative options.
9. Reasons for Reaching the Recommendation
It seems that an administrative omission prior to 1996 has allowed this land formerly owned by Devon County Council to become owned by the current owner by virtue of adverse possession. The highway is of no use to the general public and has been rendered inaccessible to them for a considerable time and must be considered surplus to operational requirement.
Brian George
County Electoral Division: Yealmpton District Council Ward: Erme Valley
Local Government Act 1972
List of Background Papers
Contact for enquiries: John Halliday
Background Paper Date File Ref. Various correspondence on Ugborough Parish file
jh171208sha sc/land at Bittaford 2 hq 060309