Decision details

Director agreed subject to the adjacent property owners submitting an application under Section 117 Highways Act 1980 to the Council to request the ‘stopping up’ of said highway and confirming they will fund all the legal work required, to process the stopping up via S116 of the Highways Act 1980, give approval to initiate the legal process to remove the highway rights from Scoreby Lane except for the existing carriageway and 1m of verge either side.

Reason: in order to bring to a conclusion the long standing dispute over the extent of the highway rights along Scoreby Lane.

Option 1 - Take no further action at this time and leave the dispute resolution to a later date.

Option 2 - Allocate a budget for further investigations into the matter and once proved conclusively decide at that point what action might be appropriate.

Option 3 - Bearing in mind the unusually wide expanse of what is believed to be highway, the very few properties reached from Scoreby Lane and the fact that it is not a through route for vehicles it is thought reasonable to conclude that the highway rights could be reduced to the carriageway and a narrow verge.

Options 1 and 2 were rejected.