COUNTY COUNCIL

NOTICE OF PROPOSAL TO MAKE A GATING ORDER

STAFFORDSHIRE COUNTY COUNCIL (PUBLIC FOOTPATH NO. 7 LAPLEY, STRETTON AND PARISH) GATING ORDER 2007.

NOTICE Is hereby given that Staffordshire County Council, being the Highway Authority for the Public Highway, known as Public Footpath No. 7 Lapley, Stretton and Wheaton Aston Parish, propose to make a Gating Order under S129A of the Highways Act 1980 (“the Act”) for the Public Highway aforementioned.

When the Order comes into effect the Public Right of Way over the specified highway described above, and shown on the plan annexed to the Order, shall be restricted at all times by a gate or barrier.

The alternative route for members of the public will be via Pinfold Lane and Fenton House Lane.

A copy of a draft of the proposed Order and accompanying documents may be viewed free of charge at Staffordshire County Council Reception, Peel Building, St. Chad’s Place, ST16 2LR during normal working hours Monday to Friday. Details may also be viewed on the County Council website at www.staffordshire.gov.uk.

The proposed Order is shown in the schedule below.

Anybody wishing to make representations as whether or not the Order should be made must do so in writing within 28 days of the first publication of this Notice. Written representations should be sent to John Tradewell, Director of Law and Governance, 16 Martin Street, Stafford, ST16 2LG quoting File Ref LS630G.

Schedule

Draft Gating Order Staffordshire County Council (Public Footpath No. 7 Lapley, Stretton and Wheaton Aston Parish) Gating Order 2007.

This Order is made by Staffordshire County Council (“the Authority”) under Section 129A of the Highways Act 1980 (“the Act”) and may be cited as Staffordshire County Council (Public Footpath No. 7 Lapley, Stretton And Wheaton Aston Parish) Gating Order 2007.

By this Order:

1. The public right of way, being a relevant highway, and known as Public Footpath No. 7, Lapley, Stretton and Wheaton Aston Parish leading from its junction with Pinfold Lane to its junction with Broadholes Lane, and comprising the entire length of the aforementioned Public Footpath, will be restricted at all times by the erection of barriers or gates shown on the annexed plan and depicted by a thick black line.

2. The Authority are satisfied that the conditions set out in s129A(3) of the Act have been met and that:

(a) Premises adjoining or adjacent to the highway are affected by crime or anti-social behaviour;

(b) The existence of the highway is facilitating the persistent commission of criminal offences or anti-social behaviour.

(c) It is in all the circumstances expedient to make the Order for the purposes of reducing crime or anti-social behaviour.

3. The alternative route for pedestrians will be via Pinfold Lane and Fenton House Lane.

4. Police, Fire and Ambulance emergency services, statutory undertakers with equipment situated under, over, along or in the highway, council officers and other persons authorised in writing by the County Council for the purposes of carrying out works of repair or maintenance to the highway or adjoining premises shall be exempt from the provisions of this Order.

5. The person responsible for erecting and maintaining gates or barriers is Staffordshire County Council, Development Services Directorate, Riverway, Stafford ST16 3TJ

If any person wishes to question the validity of this Order on the ground that the County Council has no power to make it, or any requirement of Part 8A of the Act has not been complied with in relation to the Order, he or she may apply to the High Court within six weeks from the date which the Order is made.

Given under the Common Seal of Staffordshire County Council on the………………… day of……………..200…..

The COMMON SEAL of STAFFORDSHIRE COUNTY COUNCIL was hereunto affixed in the presence of:-

………………………………………………… .. Authorised Signatory

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Rights of Way This product includes mapping data Footpath licensed from Ordnance Survey with the permission of the Controller Environment & Bridleway of Her Majesty's Stationery Office Countryside Unit © Crown copyright and / or database right 2007 All rights reserved BOAT Licence Number 100019422. Development Services Directorate Parish 0 50 100 200 Metres Boundaries Staffordshire County Council (Public Footpath No. 7 Lapley, Stretton And Wheaton Aston Parish) Gating Order 2007.

Justification Summary. The justification for making the making the above order is contained within the documents submitted by the requester. The route has been the subject of numerous complaints over the years to the Countryside Section regarding anti-social behaviour and criminal damage. The former has in the main been either rowdy or unruly behaviour or abuse directed at residents who have confronted individuals. The latter has been where fences have been damaged or in some instances set on fire. The local police do have records of various incidents on this highway and crime numbers have been issued to residents. Local police officers consider that its closure would eliminate these incidents. The Countryside Section has over time attempted to take measures to reduce the number of incidents but these have been to no avail. The local CSP support this request. The Countryside Group Leader, Ms N Moore, does not consider the highway to be of any strategic importance to the network. Neither does she consider that its closure will have any adverse effect on either the health of, or lead to any significant inconvenience for, local residents. The local pavement network is suitable for use and does not constitute a long diversion. The criteria laid down in s129A(3) would appear to have been satisfied.