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ITEM TIC15

TRANSPORT IMPLEMENTATION COMMITTEE – 6 DECEMBER 2002

STOPPING UP OF HIGHWAY – OFF NEWLANDS AVENUE DIDCOT

Report by Director of Environmental Services

Introduction

  1. This report seeks approval to delegate to South Oxfordshire District Council power to stop up old highways on the east side of Newlands Avenue, Didcot.

    2. Background

  2. About 10 years ago South Oxfordshire District Council redeveloped an old housing estate on the east side of Newlands Avenue. The site was completely levelled and the roads removed. A new layout of houses and roads were built in replacement, which included the relocation, in the new roads, of all the public utility apparatus. It has emerged since then that no action was taken at the time to formally stop up the old roads, (as shown hatched on drawing No. 786/G154 at Annex 1),(download as .doc file) which in law are therefore still highway. It is therefore necessary to regularise this situation using the statutory procedure under section 116 of the Highways Act 1980.

    3. Agency Arrangement

  3. South Oxfordshire District Council has asked that they be given delegated powers to undertake the entire statutory procedure under section 116. They also confirmed that they will meet all the associated costs. Since the redevelopment has resulted in a substantial improvement to this area of Didcot, no local objection to this proposal is anticipated. It is reasonable to assume therefore, an application to the Magistrates, on the grounds that the old highways are unnecessary, would be successful.

    4. Adoption

  4. The new estate roads (as shown stippled on drawing No. 786/G154a at Annex 2) (download as .doc file) are still private. Once the above stopping up is successfully concluded, it would open the way for the adoption as highway of these roads.

    5. Conclusion

  5. In the circumstances, it would appear expedient to agree the District Council’s request. It will enable the discharge of this Council’s legal responsibility without impinging on the authority’s own resources.

    6. Financial and Staff Implications

  6. The District Council will meet all the associated costs and provide the staff needed to complete this process. There are therefore no immediate implications for this authority, but routine maintenance costs will be associated with the adoption of the new estate roads.

    7. RECOMMENDATION

  7. The Committee is RECOMMENDED to authorise arrangements for the discharge by South Oxfordshire District Council of the County Council’s functions under section 116 of the Highways Act 1980 to enable them to make application to the Magistrates for the stopping up of the old highways shown on drawing No. 786/G154, subject to the terms of the undertaking given by the District Council and referred to in paragraph 3 of the report.

DAVID YOUNG
Director of Environmental Services

Background Papers: none

Contact Officer: John Boyd, Tel: (01865) 815082

October 2002

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