Decision details

To assist the Cabinet Member for Highways, Streetscene and Broadband in deciding whether the Director of Neighbourhood Services of the Council should take enforcement action in respect of structures, namely a wall and fence, which have been built on the highway adjacent to Calcutt Park.

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.

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.