Decision Maker: Deputy Leader and Cabinet Member for Communities, Campuses, Area Boards and Broadband
Decision status: For Determination
Is Key decision?: No
Is subject to call in?: Yes
1. Officers consider that the structures are not merely minimal but obstructions of the highway and should be removed.
Officers consider that the structures are obstructions of the highway and it would be consistent with the Council’s duty under section 130 of the Highways Act 1980 (“the Act”) to assert and protect the rights of the public to the highway if the section 143 notice (“the notice”) were to be enforced.
The Cabinet Member for Highways and Transport may resolve to:
(i) Enforce the notice served under section 143 of the Highways Act 1980 on 28 July 2011;
(ii) Take no action in respect of the fence and the wall.
Other reasons / organisations consulted
Cricklade Town Council has indicated that it would not object to Wiltshire Council taking enforcement action to remove the fence and wall from the highway.
Contact: Kevin Gale, Legal Services 01225 718023 email: kevin.gale@wiltshire.gov.uk.
Publication date: 31/10/2013
Date of decision: 31/10/2013
Effective from: 22/11/2013
Accompanying Documents: