Hampshire County Council Item 13

Regulatory Committee

5 January 2005

Proposal to Extinguish Highway Rights

Footpath at Bridgemary School Gosport

Report of the Director of Environment

Contact: David Veal, ext 6915 [email protected]

Special Extinguishment Orders - Section 118B Highways Act 1980

Section 118B of the Highways Act 1980 was introduced into the Act by the

Countryside and Rights of Way Act 2000. Relevant extracts are shown below:

(1) This section applies where it appears to a council

(a) that, as respects any relevant highway for which they are the highway authority

and which is in an area designated by the Secretary of State by order for the

purposes of this section, it is expedient, for the purpose of preventing or reducing

crime which would otherwise disrupt the life of the community, that the highway

should be stopped up, or

(b) that, as respects any relevant highway for which they are the highway

authority and which crosses land occupied for the purposes of a school,

it is expedient for the purposes of protecting the pupils or staff from:-

(i) violence or the threat of violence;

(ii) harassment;

(iii) alarm or distress arising from unlawful activity; or

(iv) any other risk to their health or safety arising from such activity

that the highway should be stopped up.

(2) Where this section applies, the council may by order made by them and submitted to and confirmed by the Secretary of State, or as confirmed an unopposed order, extinguish the public right of way over the highway.

(3) Before making a special extinguishment order, the council shall consult the police authority for the area in which the highway lies.

(4) The Secretary of State shall not confirm a special extinguishment order and a council shall not confirm such an order as an unopposed order unless he or they are satisfied that the stopping up of the highway is expedient as mentioned in (1)(b) and that it is expedient to confirm the order having regard to all circumstances and in particular to:-

(a) any other measures that have been or could be taken for improving or maintaining the security of the school,

(b) whether it is likely that the coming into operation of the order will result in a substantial improvement of that security,

(c) the availability of a reasonably convenient alternative route or, if no reasonably convenient alternative route is available, whether it would be reasonably practical to divert the highway under Section 119B rather than stopping it up, and

(d) the effect which the extinguishment of the right of way would have as respects land served by the highway, account being taken of the provisions as to compensation contained in Section 28 as applied by Section 121(2) below.

(5) A special extinguishment order shall be in such form as may be prescribed by regulations made by the Secretary of State and shall contain a map defining the route and over which the public right of way is thereby extinguished.

1. Summary

1.1 Acting on behalf of the Strategic Planning Officer, Ms Cheryl Heron, the Headteacher of Bridgemary School, County Education Department, has applied for the extinguishment of the highway rights over the section of footpath running through the school grounds as indicated on the location plan attached. Following consultation with user groups, local Police and the local Member, despite one outstanding objection, the recommendation is that a Special Extinguishment Order be made.

2. Background Information

2.1 The section of footpath subject to the application for extinguishment of highway rights forms part of the publicly maintainable highway network. It is a metalled footpath running in a north easterly direction from Wych Lane, through the school grounds and connecting to other adopted paths at the rear of Fisher Road (see attached plan).

2.2 The Headteacher of Bridgemary School has provided details of their concerns about the use of the footpath. The school has carried out a survey amongst staff who report they are being intimidated by incidences along the route of the footpath. The area in question has been declared a `Hot Spot' by the local Police and nearly all trouble appears to originate from the footpath. As the footpath runs through the school it means members of the public can get close to staff and students.

2.3 The list of incidents reported by the Headteacher and confirmed by the Police are:-

(i) strangers associating with students who should be in school;

(ii) a route for truants to leave school from and for smokers amongst students;

(iii) excluded students and those who have left school intimidating and abusing staff;

(iv) those who have left school or not in school enticing students out of school;

(v) groups of youths on the path every morning intimidating the Community Centre users and adult education students;

(vi) stones and other missiles thrown at school buildings and staff;

(vii) threats to staff and visitors by people on the footpath with sticks, golf clubs and catapults;

(viii) the path leads "undesirables" onto the school site who then find it very easy to enter school buildings and continue their intimidation of staff and students - strangers have entered school buildings letting off fire extinguishers;

(ix) parents have made complaints about the footpath because they fear for the safety of their children. In a specific incident a student had lighter fuel thrown over her coat and attempts were made to light it;

(x) disruption to classes being held in rooms facing the footpath by "undesirables";

(xi) students moving from the sports hall to the playing fields have to cross the footpath and abuse is often directed at them and staff by youths on the path;

(xii) youths on bicycles are a danger as they cycle up and down the footpath and aim at staff;

(xiii) the footpath attracts a lot of litter and dog excrement. There have been incidents where youths have let their dogs off their leads to threaten and attack staff; and

(xiv) one of the greatest concerns, and that of the local Police, is drug taking and drug dealing which occurs on the footpath in the centre of school.

2.4 The closure of the footpath will have a very positive effect for the school. It will improve security and ensure that staff and students feel less threatened and fearful about going to school during the day. It will also help towards removing what has been identified as one of the biggest threats to community use in the afternoon and evenings.

2.5 There are alternative footpath routes to the rear of the school grounds, for the general public to use, at the back of Fisher Road, Portal Road and onto Wych Lane.

2.6 If the extinguishment order is made the school will arrange for gates and additional security measures to be provided.

2.7 Measures to manage the problem include the installation of a security camera at the entrance, but it is not able to pick up incidences. There is some street lighting along the footpath route but this does not deter undesirables incursions at night. There are staff on duty at break times and at the beginning and end of the day, however it is the staff who are the focus of much of the confrontation.

3. Consultations

3.1 Hampshire Constabulary supports the application.

3.2 The Local Member originally objected to the closure of the footpath. However following a site meeting with representatives from the School, local Police and District Members, the objection has been withdrawn.

3.3 The Highways Adviser raises no objection.

3.4 The Open Spaces Society raises an objection stating the footpath provided an important pedestrian link and that if it was to be closed, the footpath at the back of Fisher Road would become a cul-de-sac. The Society claims that the school had provided no evidence to show that the criteria in Section 118B had been met.

3.5 The Society also states that the problems occurring on the footpath are the commission of criminal offences in respect of which the Police should take appropriate action. The Open Spaces Society claims that alternative measures of improving and maintaining security have not been investigated.

3.6 They also state that the alternative routes are alongside roads which are used by vehicles and therefore less pleasant to use, and do not consider these to be reasonably convenient alternatives.

3.7 The Ramblers Association - no response.

4. Statutory Undertakers

4.1 The following responses were recorded.

Portsmouth Water Company - No objection

Scottish & Southern Electricity - No objection

NTL - No objection

British Telecom - No objection

Transco - No objection

Southern Water - Apparatus within route -

easement required with School

5. Director of Environment's Comments

5.1 The objections from the Open Spaces Society have been thoroughly investigated. The Society was provided with full details of the occurrences of criminal and intimidating behaviour detailed in paragraph 2.3.

5.2 The school has installed a security camera at the entrance but this only shows an action replay of occurrences, it does not solve the problem. If someone is identified causing a nuisance the Police are informed but this does not stop trouble reoccurring. School budgets do not allow for funding of full-time security staff.

5.3 There are adopted footpaths to the rear of Bridgemary School at the back of Fisher Road and Portal Road and running through the Holbrook Schools onto Wych Lane which can be used as alternative routes. The alternative routes are metalled footpaths with lighting of a similar condition to other footway/footpath routes which are used frequently by the general public.

5.4 Although the Society maintains an objection, it is considered that the criteria under section 118B have been met.

Recommendation

That a Special Extinguishment Order be made under Section 118B of the Highways Act 1980 in respect of that section of footpath indicated on the location plan attached.

9101/DV