EEC/07/107/HQ
North Devon Highways and Traffic Orders Committee
27 March 2007
Highway Extinguishment, St John's Lane, Barnstaple
Report of the Area Engineer, North
| Please note that the following recommendation is subject to consideration and determination by the Committee before taking effect. |
Recommendation: It is recommended that the highway rights over the length of St John's Lane shown on plan no. MAIN(N)622/0 to be stopped up
1. Summary
The report seeks approval for the County Solicitor to apply to the magistrates' court for the stopping up of highway rights under Section 116 of the Highways Act 1980 over approximately 80m of St John's Lane, at present used solely by St John's Garden Centre.
2. Background
The County Council has received an application from solicitors representing St John's Garden Centre, for the stopping up of the highway in order to formalise the existing state of the road. St John's Garden Centre has used this length of road as a private access for a number of years, and it serves no other purpose for the general road user.
3. Proposals
In order for a highway to be stopped up, it is necessary to consult with Town and District Councils and other interested bodies, It is also required that notices are posted on site and a period of 28 days allowed for objections to be registered. Following this period of consultation, the County Solicitor will process the application through the Magistrates' Court.
Both Town and District Councils have been given an informal undertaking that they will not object to the proposal.
4. Sustainability Considerations
There are no sustainability considerations.
Joe Deasy
County Electoral Division: Barnstaple South
North Devon District Council Ward: Newport
Local Government Act 1972
List of Background Papers
Contact for enquiries:
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jd160307nda
sc/highway extinguishment
hq 190307