Archived decisions

Hampshire County Council

Executive Member - Environment: South Hampshire and Resource Management

28 February 2006

Policy for the Extinguishment of Highway Rights

Report of the Director of Environment

Item 2

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 set out below, be approved for inclusion within the Highway Maintenance Management Plan.

      1. The general presumption will be against the extinguishment of highway rights unless following the assessment there is a strong case in favour of extinguishment.

      2. Where land forms part of the public highway the following criteria will be considered when making a decision:

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

              (ii) 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?

              (iii) 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?

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

1.2 On 16 February 2006 the Environment Policy Review Committee considered the proposed policy.

2. Reason

2.1 A formal policy does not currently exist although procedures 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