Item 4.3
BOROUGH OF POOLE
HAMWORTHY EAST, HAMWORTHY WEST AND POOLE TOWN AREA
COMMITTEE
– WEDNESDAY 5 SEPTEMBER 2007
REPORT OF HEAD OF TRANSPORTATION SERVICES
SURPLUS LAND AT FRESHWATER DRIVE
1. Matter for Consideration and Policy Context
1.1 To give the Area C ommittee’s views on a request that an area of highway verge at the junction of Freshwater Drive and Carisbrooke Crescent be declared surplus to highway requirements.
2. Recommendation
2.1 It is recommended that the Transportation Advisory Group be informed that this Committee has no objection to the area of land shown shaded on drawing HT 112/008 being declared surplus to Highway requirements
3. Information
3.1 Freshwater Drive and Carisbrooke Crescent are recorded on the Highway
Register as highways maintained at public expense. The verge is maintained as a highway verge. Although public highway, the freehold of the land and under the roads, footways and verge has never been conveyed to the
Council and is retained by the original estate developer.
3.2 There is no necessity for the estate developer to convey the freehold of land dedicated as highway to the Highway Authority. The powers within the
Highways Act 1980 give the Highway Authority sufficient power to control, regulate and protect the highway. It is the case that the freehold of many of the roads and footways built in recent years is retained by the site developers.
3.3 Despite the presence of an area of open space and a play area on the opposite side of the road, the land at the junction of Freshwater Drive and
Carisbrooke Crescent is being used as an informal gathering point for local children in the evenings and at weekends, which is creating disturbance to the residents of the adjacent property, 45 Freshwater Drive.
3.4 The resident of 45 Freshwater Drive has found and made contact with the freehold owner, who has agreed to sell him the land if a stopping up order can be obtained. The Transportation Advisory Group will be considering this application at a future meeting but have asked for the Area Committee’s views on this issue.
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4. Highway Implications
4.1 It is assumed that the verge was created to provide the visibility splay for the junction required by the design guidance current at the time the estate was built.
4.2 The recent introduction of new design guidance, the Manual for Streets, has reduced the requirements for both forward and junction visibility.
4.3 The site has been checked against the new guidelines and the required visibility can be secured within the areas of footway on both Freshwater
Drive and Carisbrooke Crescent.
4.4 Given the new visibility requirements the area of highway verge at the junction of Freshwater Drive and Carisbrooke Crescent, shown shaded on the attached plan, number HT 112 / 008 Appendix A, has become unnecessary.
5 Financial and Legal Implications
5.1 Poole Borough Council has no financial or other interest in the site. The disposal of a small area of highway verge will result in a small saving in annual maintenance costs.
5.2 The applicants have undertaken to pay for the cost of making the application to the local Magistrates.
5.3 The Council would not be able to restrict the use of the land once the highway rights have been removed as the freehold of the land is not owned by the Council. Once the highway rights are removed, total control reverts to the owner.
5.4 If the applicant wished to acquire the land for the purposes of development he would be able to make an application under the Town and Country
Planning Act to have the area stopped up as part of the planning application.
Such applications are considered by the Secretary of State
6 Future Steps
6.1 If the Transportation Advisory Group were to recommend that the land is no longer needed for highway purposes, a legal notice would need to be placed on site and in the press to advertise the intention to stop up the piece of land. Any objections that were received would be considered by the
Magistrates Court.
Julian McLaughlin
Head of Transportation Services
Background Papers
–Nil - Appendix A - Drawing HT 112 / 008
Name and Telephone Number of Officer Contact: Andy Norwood (01022)
262042
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