Decision details

HSSF-21-24: Proposed Application to Stop Up Highways Adjacent to The Ship Inn, Burcombe Lane, Burcombe (Fovant and Chalke Valley)

Decision Maker: Cabinet Member for Highways, 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, Street Scene & Flooding to consider whether Wiltshire Council should apply to the magistrates’ court for an order stopping-up highway rights over a section of highway adjacent to The Ship Inn, Burcombe Lane, Burcombe, on the ground that the section concerned is unnecessary for public use or any other highway-related reason.

 

The section of highway is shown cross-hatched on the plan at Appendix 1.

Decision:

I consent to the proposed application.

 

This decision was published on 20 August 2024 and will come into effect on 29 August 2024.

Reasons for the decision:

On consideration of the matter, officers are of the view that the section of highway concerned is unnecessary for public or any other highway-related reason.

 

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.

 

Other reasons / organisations consulted

The local member, Councillor Nabil Najjar, has made no objection to the proposal.

 

On 4 March 2024, Burcombe Parish Council consented to the application being made.  However, despite repeated requests, the parish council has not provided unequivocal confirmation of its consent.  The legislation, namely Highways Act 1980, does not require consent from a town or parish council, but provides that an application may not be made if consent is expressly refused.  Officers would propose to proceed accordingly.

Contact: Kevin Gale, 01225 718023, Email: kevin.gale@wiltshire.gov.uk.

Publication date: 12/08/2024

Date of decision: 20/08/2024

Effective from: 29/08/2024

Accompanying Documents: