Contact: Dave Veal, ext 6915 email: [email protected]

1. Summary

1.1 The following decision is sought:

That the proposed policy for responding to requests for the extinguishment of highway rights, as detailed in the attached report, be approved for inclusion within the Highway Maintenance Management Plan.

2. Reason

2.1 A formal policy does not currently exist although procedures, detailed in the appendix, are set out in the Highway Maintenance Management Plan. This decision will ensure that consistent consideration is given to requests for disposal of areas of publicly maintainable highway so that the County Council's Asset is fully protected.

2.2 This decision supports Aim 5 (Improving Services) of the Corporate Strategy by ensuring that the correct policy is complied with to protect the County Council's assets.

3. Other Options Considered and Rejected

3.1 To do nothing and to consider disposal of highway assets without a formal policy.

4. Conflicts of Interest Declared by the Decision Maker or Other Executive Member Consulted - None.

5. Dispensation granted by the Standards Committee - Not applicable.

6. Reason(s) for the Matter being dealt with if Urgent - Not applicable.

Approved by: Date:

Councillor T G Knight

766Decn/DV

HAMPSHIRE COUNTY COUNCIL

ENVIRONMENT DEPARTMENT

POLICY

EXTINGUISHMENT OF HIGHWAY RIGHTS

1. Introduction

1.1 Where areas of public highway are considered by the Highway Authority to be unnecessary, ie surplus to current and potential future requirements, the highway rights can be extinguished by an application to the Magistrates' Court under Section 116 of the Highways Act 1980.

1.2 Usually such changes are sought by an interested third party, frequently an adjoining landowner who wishes to incorporate a piece of highway land into their property. Changes associated with development proposals are pursued under the Town and Country Planning Act 1990, where the Government Office is the decision-taker.

1.3 Not all highway land is owned by the County Council. In these cases, control reverts to the landowner if highway rights are extinguished.

1.4 Any statutory undertakers' equipment may need to be relocated at the expense of the Council. If this is the case the Council requires the applicant to cover the cost.

1.5 As an alternative to extinguishing highway rights the Highway Authority may also grant licences to cultivate land to interested third parties.

2. Extinguishment Policy

2.1 When an application for extinguishment is received the status of the land is checked. Internal consultations are carried out as detailed in the Highway Maintenance Management Plan procedure note.

2.2 If the application land forms part of the public highway it is proposed the following be taken into consideration before a decision is taken as to whether the land is unnecessary and surplus to future requirements.

· Is the land required for sight line purposes, forward visibility splays for pedestrians, equestrians, cyclists and vehicular traffic?

· Is the land required for a future highway improvement scheme, eg road/footpath widening or cycle track provision? May it be needed for an improvement scheme at some time in the future?

· Could the extinguishment and disposal of the land result in a change to the character of the street scene, possibly through development by the private owner?

· Is the land owned by the County Council and would need to be retained for other purposes?

2.3 It is proposed the general presumption should be against the extinguishment of highway rights unless following the considerations detailed there is a strong case in favour of extinguishment.

APPENDIX

HAMPSHIRE COUNTY COUNCIL

ENVIRONMENT DEPARTMENT

PROCEDURE

EXTINGUISHMENT OF HIGHWAY RIGHTS

1. Introduction

1.1 Where areas of public highway are considered by the Highway Authority to be unnecessary, ie surplus to highway requirements, the public rights of way - the highway rights - may be extinguished by application to the Magistrates' Court under Section 116 of the Highways Act 1980.

1.2 The procedures relating to an application for extinguishment of highway rights are set out below.

1.3 Hampshire Highways Headquarters shall be responsible for carrying out all the necessary consultations and preparation of plans.

2. Procedure

2.1 When an application for extinguishment of highway rights is received it shall be entered on the Public Enquiry Manager (PEM) system. An acknowledgement letter shall be sent to the applicant advising that the matter will be investigated and a detailed response will follow shortly.

2.2 The status of the application land shall be checked using the following sources:

(a) Hampshire Highways Headquarters - Adoption and GIS records;

(b) Implementation Group - Dedication records;

(c) Estates Practice/Chief Executive-Deed Packets/Terrier records; and

(d) Highways Unit - Maintenance records.

2.3 If the status of application land is confirmed as public highway a plan shall be produced from GIS highlighting the area of land in blue using the standard template.

2.4 The following internal consultations shall be carried out:

· Local County Council Member

· Local Highways Unit

· Transport Policy

· Transport Implementation

· Passenger Transport

· Development Control

· Estates Practice

· Rights of Way

· Recreation and Heritage.

2.5 If no objections are received a copy of the guidance notes together with a copy of the plan shall be sent to the applicant. This to be recorded on PEM. If the County Council is the landowner confirmation shall be given to the applicant that in addition to being responsible for funding the costs of progressing the application there will be additional costs relating to the purchase of the land. This will be at market value and on terms to be determined by negotiation with Estates Practice and which will include professional and legal fees.

2.6 On receipt of confirmation that the applicant wishes to proceed and upon receipt of the sum of £1,000 the cheque shall be passed to the Finance Section who will bank it against coding JO74W 9764. A letter shall be sent to the applicant confirming receipt of the sum and stating that the consultation process will commence.

3. Consultees

3.1 Consultation shall be carried out with the following:

(a) District Council - Planning Department and Chief Executive;

(b) Parish or Town Council;

(c) Utility Undertakers; and

(d) adjoining landowners who may be affected by the extinguishment.

NB: The adjoining landowners who will be consulted shall be agreed with Chief Executive.

3.2 The consultation process shall be monitored using the PEM system.

3.3 When the consultations are completed the applicant shall be informed, pointing out any objections which have been received. Copies of objections from statutory bodies, ie District, Parish or Town Councils and utility undertakers, shall be copied to the applicant. If an objection is received from a private individual, as an adjoining landowner, a standard letter shall be sent to the objector before forwarding to the applicant.

NB: Any objections shall be resolved by the applicant and the extinguishment shall not proceed until written confirmation is received that the objection has been withdrawn. Similarly, if any of the utility undertakers require a wayleave or easement this shall be agreed by the applicant and any associated costs borne by the applicant.

3.4 If no objections are received the applicant shall be informed and a request made for the sum of £2,000 in order that the application can be passed to the Chief Executive to arrange the Magistrates' Court hearing. Once received, the sum shall be passed to the Finance Section for banking and shall be coded to B026E 8950.

3.5 A receipt shall be sent to the applicant with a letter stating that the matter is being passed to the Chief Executive to arrange for the Magistrates' Court hearing.

4. Magistrates' Court Hearing/Legal Notices

4.1 Once the consultations are completed and requisite sums received, copies of all correspondence together with 30 copies of the plan shall be forwarded to the Chief Executive to arrange the Magistrates' Court hearing. In appropriate cases photographs of the application land will be attached.

4.2 The Chief Executive shall arrange for the statutory notices to be prepared and served, and a copy placed in a local newspaper and the London Gazette, in accordance with statutory requirements.

4.3 Copies of notices and plans advertising the Magistrates' Court hearing will be passed to the local Highways Unit who will arrange for them to be posted on site at agreed locations and maintained in position for a period of one month leading up to the date of the Court hearing. It is essential that the notices are displayed in a prominent position on site at the locations stated by the Chief Executive.

4.4 The member of staff who posts the notices on site will be required to attend the Magistrates' Court to give evidence on their posting. Photographs shall be taken of the notices in position and presented to the Magistrates' Court as confirmatory evidence.

4.5 It is recommended that the notices be inspected at least once per week and the dates of inspections noted in the appropriate person's diary which will also be required as evidence at the Magistrates' Court hearing.

4.6 Similarly, a representative from Hampshire Highways Headquarters or Highways Sub Unit will be required to give evidence that the land is unnecessary, ie surplus to highway requirements.

5. Records

5.1 If the application is successful and the Magistrates' Court has agreed to the application, confirmation will be received from the Chief Executive with a copy of the Order, a copy of which shall be sent to the following:

(a) Local Highways Unit

(b) Searches Section

(c) Status File.

5.2 The original copy of the Magistrates' Order shall be endorsed to confirm copies have been sent out.

5.3 GIS records shall be updated accordingly.

5.4 PEM system updated to confirm that the extinguishment process has been completed.