Report to: Cabinet Member, Locality Services Date of issue: 6 July 2015 Date of Decision 14 July 2015

Subject: Section 116 Highways Act 1980 – Various locations as detailed in the report

Report of: Director of Built Environment Wards Affected: , Kew, Netherton &Orrell, .

Is this a Key Decision? No Is it included in the Forward Plan? No

Exempt/Confidential No

Purpose/Summary

To seek approval for the Head of Corporate Legal Services in conjunction with the Director of Built Environment to make a number of stopping-up applications, as detailed within the report to the Magistrates Court pursuant to section 116 of the Highways Act 1980.

Recommendation(s)

It is recommended that: -

The Cabinet Member authorises the Director of Built Environment and the Head of Corporate Legal Services to request the Magistrates Court to extinguish/stop-up the following areas of highway under Section 116 of the Highways Act 1980, as detailed within the report and shown upon the attached plans, subject to the applicants bearing all costs associated with the applications: -

 Part of highway fronting and to the side of 668 Liverpool Road (the Railway Pub) Ainsdale – Plan Number DC1401 (Ainsdale Ward) –Punch Taverns  Part of highway to the rear of footway at the former car site, Bridge Grove, – Plan Number DC1390 (Kew Ward) – Affordable Homes Consultancy  Length of Highway known as Town Lane Kew, Southport – Plan Number DC1361(Kew Ward) – David Wilson Homes  Footpath leading from Parkfield Avenue, Netherton – Plan Number DC1359 (Netherton & Orrell Ward) – Bellway Homes  Klondyke Phase 3 – Plan Number (composite plan) DC1360 and also plans DC1360a-g (Litherland Ward) – (IPI)

1 How does the decision contribute to the Council’s Corporate Objectives?

Corporate Objective Positive Neutral Negative Impact Impact Impact 1 Creating a Learning Community √ 2 Jobs and Prosperity √ 3 Environmental Sustainability √ 4 Health and Well-Being √ 5 Children and Young People √ 6 Creating Safe Communities √ 7 Creating Inclusive Communities √ 8 Improving the Quality of Council √ Services and Strengthening Local Democracy

Reasons for the Recommendation: Cabinet Member authorisation is required before seeking an Order from the Magistrates Court. The application will enable the existing areas of highway to be extinguished as a highway, as it is considered unnecessary for the general public to use.

What will it cost and how will it be financed?

(A) Revenue Costs – None as all costs (Initial payment of £2350) will be borne by the applicants including that of the Court Hearing.

(B) Capital Costs - None

Implications:

The following implications of these proposals have been considered and where there are specific implications, these are set out below:

Legal

Human Resources

Equality 1. No Equality Implication √ 2. Equality Implications identified and mitigated

3. Equality Implication identified and risk remains

2 Impact on Service Delivery: None

What consultations have taken place on the proposals and when?

The Head of Corporate Finance and ICT has been consulted and notes the report indicates no direct financial implications for the Council. All costs will be borne by the applicants including that of the Court Hearing (FD3654/15)

The Head of Corporate Legal Services has been consulted and has no comments on into the report. (LD 3654/15)

The respective Parish Council, Ward Councillors and Statutory Undertakers

Are there any other options available for consideration? None

Implementation Date for the Decision

Following the expiry of the “call-in” period for the Cabinet Member Decision

Contact Officer: Mark Hunter Tel: 0151 934 4240 Email: [email protected]

Background Papers:

There are no background papers available for inspection.

3 1.0 INTRODUCTION

1.1 Applications have been received as listed below, for the stopping-up of areas of highway within the Borough, as shown upon the attached plans;

 Part of highway fronting and to the side of 668 Liverpool Road (the Railway Pub) Ainsdale - Plan Number DC1401 (Ainsdale Ward) – To enable a permanent outdoor seating area.

 Part of highway to the rear of footway at the former car site, Bridge Grove, Southport – Plan Number DC1390 (Kew Ward) – For the provision of new housing.

 Length of Highway known as Town Lane Kew, Southport – Plan Number DC1361(Kew Ward) – For the provision of new housing.

 Footpath leading from Parkfield Avenue, Netherton – Plan Number DC1359 (Netherton & Orrell Ward) – To enable new housing and improvement of existing footpath.

 Klondyke Phase 3 – Plan Number (composite plan) DC1360 and also plans DC1360a-g (Litherland Ward) – For the provision of new housing.

1.2 The stopping-up applications relate to areas of highway which are no longer necessary.

1.3 They are considered unnecessary due to the fact that there will be or are suitable alternatives in place.

1.4 The Ward Councillors have been notified in respect of the above applications and have made no comment to-date.

2.0 CONCLUSION

2.1 Under Section 117 of the Highways Act 1980, a person desiring a highway to be stopped-up may request the Highway Authority (in this case the Council) to make an application to the Magistrates Court for a stopping-up Order. If the request is granted the Council may as a condition, require the person to pay such costs, as it deems reasonable in connection with the application.

2.2 The Council must give 28 days notice of the Court Hearing specifically to adjoining owners/occupiers and statutory undertakers and in addition, must publish notices in a local newspaper, the London Gazette and also display a site notice.

2.3 Any person who receives the notice referred to above, or uses the highway or who would be aggrieved by the stopping-up has a right to be heard at the Court Hearing of the application.

4 2.4 The Court may make the stopping-up Order if it appears that the highways are unnecessary for the public for the sort of lawful purposes for which the public could be reasonably expected to use that particular way. If there is evidence of such use, the Court will need to be satisfied that the public are, or are going to be, provided with a reasonably suitable alternative way. If the Court makes the Order, its effect is to end the right of the public to use it as a highway and reserve its use as a bridleway.

2.5 It is considered in the case of the applications detailed within this report, that it is appropriate for the stopping-Up Orders to be requested from the Magistrates Court under s116 of the Highways Act 1980, for the reasons outlined above.

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