Agenda item

This report presents a summary of the evidence collated by officers, regarding an identified encroachment issue over roadside verges.

Resolved:

i.             That subject to Option A, the Executive Member approved that CYC would take all necessary enforcement action to recover and reinstate the verges to their full width in accordance with Sections 130, 131 and 305 of the Highways Act 1980.

ii.            The Executive Member delegated authority to the Director of Transport, Environment and Planning, in consultation with the Director of Governance, to determine and undertake all necessary activity to recover and reinstate the verges to their full width in accordance with Sections 130, 131 and 305 of the Highways Act 1980, including (but not limited to) the determination, drafting, commissioning, and concluding of any necessary public highways works contracts in compliance with the Highways Act 1980 and CYC’s Contract Procedure Rules.

Reasons:

i.             Option B (reduced width reinstatement) was not considered feasible as it required the approval of the Parish Council, and this option has been rejected by the Parish Council during previous consultation;

ii.            Option C (no further action taken by CYC) would have resulted in the Council being in breach of its duty, with the risk that a mandatory order could be granted to the Parish Council against the highway authority;

iii.           Option A also offered the maximum width to support future planting in the verges, contributing to the Council’s climate and pollinator strategies.

The Executive Member considered a report regarding an identified encroachment issue over roadside verges.

The Executive Member entered into private session for consideration of Annex 1 and Annexes A-M of the report.

The Head of Highway Access and Development advised that the Executive Member’s decision is to serve notice under the Highways Act and aim to reclaim the associated costs. If a notice of reinstatement was served, the landowner would be able to legally challenge this decision and all evidence excluded from this session would be available to discuss in court.

The Executive Member noted that the decision session was not the forum where the dispute on the evidence presented could be decided. Following on from the decision, there may well be a challenge, and this would be heard in a court following due process.

Resolved:

i.             That CYC takes all necessary enforcement action to recover and reinstate the verges to their full width in accordance with Sections 130, 131 and 305 of the Highways Act 1980, be approved (Option A).

ii.            That authority be delegated to the Director of Transport, Environment and Planning, in consultation with the Director of Governance, to determine and undertake all necessary activity to recover and reinstate the verges to their full width in accordance with Sections 130, 131 and 305 of the Highways Act 1980, including (but not limited to) the determination, drafting, commissioning, and concluding of any necessary public highways works contracts in compliance with the Highways Act 1980 and CYC’s Contract Procedure Rules.

Reasons:

i.             Option B (reduced width reinstatement) was not considered feasible as it would almost certainly result in the local authority being challenged for being in breach of its duty and it is unlikely that option B would be acceptable to the local people as represented by their Parish Council as it required the approval of the Parish Council, and this option has been rejected by the Parish Council during previous consultation;

ii.            Option C (no further action taken by CYC) would have resulted in the Council being in breach of its duty, with the risk that a mandatory order could be granted to the Parish Council against the highway authority;