Issue details
Highway encroachment, Rural West
Purpose of the Report: In 2021 and 2022, the local Parish Council contacted City of York Council (CYC) to ask CYC, as the highway authority, to investigate a possible highway encroachment issue. CYC officers have investigated the issue and have identified an encroachment issue.
Under Section 130 of the Highways Act 1980, the Highway Authority
has the duty to assert and protect the rights of the public to use
any highway for which they are the highway authority, including any
roadside verges.
This report presents a summary of the evidence collated by
officers, describes the legal background to any enforcement action
that the Council may decide to take, and provides options for the
Executive Member to consider when determining the next steps to be
taken by CYC as the highway authority.
The Executive Member will be asked: To determine the next steps to
be taken by CYC as the highway authority for this encroachment
case.
Decision type: Non-key
Decision status: Decision Made
Wards affected: Rural West York Ward;
Notice of proposed decision first published: 04/12/2023
Anticipated restriction: Part exempt - View reasons
Explanation of anticipated restriction:
1. Information relating to any individual.
2. Information which is likely to reveal the identity of an individual.
3. Information relating to the financial or business affairs of any particular person (including the authority holding that information).
Decision due: 16/01/24 by Decision Session - Executive Member for Economy and Transport
Lead member: Executive Member for Economy and Transport
Lead director: Corporate Director of Place
Department: Directorate of Place
Contact: Helene Vergereau, Traffic and Highway Development Manager email: helene.vergereau@york.gov.uk; helene.vergereau@york.gov.uk.
Consultees
Landowner and Parish Council have been consulted.
Equality Impact Assessment Completed?: EIA will considered as part of the report.