Agendas, Meetings and Minutes - Agenda item

Agenda item

Application for a Public Path Order (Extinguishment) (Agenda item 6)

Minutes:

The Committee considered an application for a Public Footpath Order (Extinguishment Order) under Section 118A Highways Act 1980. The Order is to stop up the public right of way, Tutnall and Cobley footpath TC-504, in the interests of the safety of members of the public and to stop up the length of footpath Lickey LK-524 running from its junction with footpath TC-504 to its junction with Fairways Drive.

 

In the ensuing debate, the following points were made:

 

·         The local councillor acknowledged that the railway crossing was extremely unsafe and did need to be shut. However since 2017, he had been promised mitigation measures to provide local residents with alternative pedestrian routes. A number of promises had been made by officers to find solutions over this time but with no resolution. He agreed that the bridge over the railway line was tight and was designed for small vehicles, not larger vehicles so to put in a footpath would be impractical. The most appropriate solution would be to provide signage and introduce a speed restriction on that part of Blackwell Road. However these suggestions had to date been considered to be against Council policy. Local residents were merely requesting the ability to walk over the bridge, down the Blackwell Road (a rural road with fast-moving traffic) and onto the golf club off the Blackwell Road. He would support the extinguishment order but would like an undertaking from the Council to meet him to work out a mitigated route to allow local residents to walk safely down the Blackwell Road

·         It was evident that the crossing was unsafe and the proposal for an extinguishment order in this location should be supported

·         Would Sections 503B and 505C of the footpath network be closed? The Mapping Manager responded that due to the nature of the order, it would not be possible to extinguish any other areas of footpath outside the proposed area for safety issues. It might be possible in the future that an agreement could be reached with the landowner to shut those footpaths if requested

·         The local councillor requested a condition be added that officers undertook to liaise with the local councillor to introduce mitigation measures. On the advice of the representative of the Assistant Director for Legal and Governance, the Chairman advised that it was not possible to introduce such a condition. However he undertook, on behalf of the Committee, to write to the Strategic Director for Economy and Infrastructure to request that possible arrangements for a diversion route and appropriate signage be investigated in consultation with the local councillor. The local councillor welcomed the way forward suggested by the Chairman.

 

RESOLVED that AN ORDER BE MADE under Section 118A Highways Act 1980 to stop up the public right of way, Tutnall and Cobley footpath TC-504, in the interests of the safety of members of the public and to stop up the length of footpath Lickey LK-524 running from its junction with footpath TC-504 to its junction with Fairways Drive it being expedient to do so.

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