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Decision details

HTW-18-17: Proposed Application to Stop Up Part of Mud Lane, Purton

Decision Maker: Cabinet Member for Transport, Street Scene and Flooding

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: Yes

Purpose:

To ask the Cabinet Member for Highways and Transport to consider whether the Council should grant a request from Mr Richard Moseley of Restrop Farm, Mud Lane, Purton to apply to the magistrates’ court for an order stopping up highway rights for mechanically-propelled vehicles over part of Mud Lane on the ground that the highway rights are not necessary for public use.  The section of highway concerned is shown on the plan at Appendix 1.  

Decision:

I consider that the proposed application should be made and therefore approve adoption of the course of action outlined in paragraph 18 (ii) of the report.

 

This decision was published on 7 December 2017 and will come into force on 15 December 2017.

Reasons for the decision:

Officers consider that public rights for mechanically-propelled vehicles along the section of highway concerned can be stopped up as they are unnecessary for public use and the Council can accordingly apply to the court for an Order.

Alternative options considered:

The Cabinet Member may resolve to:

 

(i) Give consent to the application

 

(ii) Refuse to give consent to the application, in which case reasons should be given for doing so.

Divisions Affected: Purton (2009-2021 Boundaries);

Other reasons / organisations consulted

On 30 September 2016, Purton Parish Council consented to the application being made and a copy of the signed consent form is shown at Appendix 2.

 

The local member, Councillor Jacqui Lay (Purton), has raised issues regarding maintenance of the highway after a stopping-up order but does not oppose the proposal.

Contact: Kevin Gale, Senior Legal Executive 01225 718023 Email: kevin.gale@wiltshire.gov.uk Email: kevin.gale@wiltshire.gov.uk Tel: 01225 718023.

Publication date: 13/11/2017

Date of decision: 13/11/2017

Effective from: 15/12/2017

Accompanying Documents: