Archived decisions

AT A MEETING of the CABINET of HAMPSHIRE COUNTY COUNCIL held at The Castle, Winchester on Monday 13 June 2005.

PRESENT:

Councillors: T.K. Thornber, CBE (in the Chair); Mrs P.G. Banks; Felicity Hindson, MBE; D.A. Kirk; T.G. Knight; R. Perry, Mrs M.D. Snaith; M.J. Woodhall.

Also in attendance: Councillors: A.P. Collett; Mrs P. Dickens; R.J. Ellis; Mrs C.A. Leversha and Mrs P.A. West.

6. DECLARATIONS OF INTEREST

Members were mindful that, where they believed they had a personal or personal prejudicial interest in any matter to be considered at the meeting, they should normally at the time of the debate, declare their interest, and, having regard to the circumstances described in paragraphs 9, 10, 11 and 12 of the County Council's Code of Conduct, consider whether to leave the meeting whilst the matter was discussed.

7. CHAIRMAN'S COMMUNICATIONS

The Chairman welcomed everyone to the meeting and invited Councillor Mrs Dickens to speak as the local Member.

8. DEPUTATIONS

The following deputations were received in respect of Item 4 on the agenda:

Mrs Karen Barratt; Mr Michael Etherington and Mrs Sheila Wilson (Mrs Wilson not present); Mr Roger Davey and Mr Alan Saunders (applicant).

9. CONSIDERATION OF A HIGHWAYS RELATED ISSUE

The following declarations of interest were made:

Councillor T. K. Thornber declared a personal interest - Councillor Mrs Saunders, wife of deputee Mr Alan Saunders, is known to him as a member of the same political party.

Councillor Felicity Hindson declared a personal interest - Councillor Mrs Saunders is known to her in the capacity of co-trustee of the Winchester Conservative Association.

Councillor R. Perry declared a personal interest - Councillor Mrs Saunders and deputee Mr Saunders are known to him.

Councillor M. Woodhall declared a personal interest - deputee Mr Davey is known to him.

The Cabinet considered the report of the Director of Environment and the Head of Corporate and Legal Services (Item 4 in the minute book) in respect of an application pursuant to Section 117 of the Highways Act 1980 to extinguish highway rights at Byron Avenue, Winchester. In expanding on the report and answering detailed questions, the Director of Environment emphasised that the decision that was being sought was purely in relation to the application to extinguish highway rights and explained the two-stage process for such applications. The Chief Executive expanded on the legal aspects of the report and in particular drew attention to the requirement under the Highways Act that highway rights can only be extinguished if the highway is deemed unnecessary.

Following a full discussion, and taking into account all of the views expressed, the Cabinet adopted the report's recommendations. There were three abstentions on the part of Councillors Thornber, Mrs Hindson and Perry. A copy of the substantive decision sheet is attached to these minutes as Appendix 1.

Contact: Alison Quant, ext 5099 email: [email protected]

Barbara Beardwell, ext 5157 [email protected]

1. Summary

1.1 The following decisions were made:

(i) That a request made pursuant to Section 117 of the Highways Act 1980 be refused in respect of an application to extinguish highway rights at land at Byron Avenue, Winchester.

(ii) That approval be given to reimburse the fee of £500 already paid by the applicant for the preliminary consultation stages.

2. Reason

2.1 The highway land, subject of the application in respect of which the request has been made, is not unnecessary.

2.2 The decision supports Aims 2 and 4 (Stewardship of the Environment and Building Strong and Safe Communities) of the Corporate Strategy by promoting the principle of environmental sustainability and by protecting safety for pedestrians.

3. Other Options Considered and Rejected

3.1 To grant the request and make the application in the Magistrates' Court.

4. Conflicts of interest declared by the decision maker or other member or officer consulted - None.

5. Dispensation by the Standards Committee - Not applicable.

6. Reason(s) for the Matter Being Dealt with if Urgent - Not applicable.

Approved by Date

Councillor T K Thornber

399Decn/AQ