Agenda item

The Committee considered a joint report of the Corporate Director, Regeneration and Economic Development and the Head of Legal and Democratic Services which sought the reconsideration of a decision to make a Definitive Map Modification Order to add a byway known as Hartop Lane to the Definitive Map and Statement of Public Rights of Way.  The report also provided information on applications determined by the Highways Committee on 3 March 2011.

The Senior Rights of Way Officer informed the Committee that since the meeting of the Highways Committee held in March 2011, landowners for four of the six routes had sought an opinion from a leading Counsel.  Landowners had been advised to consider issuing interim injunction proceedings to prevent the Council making the necessary orders.  Following this development it was agreed that the County Council would not proceed to make the Orders until it had sought its own further advice.

The Committee were informed that advice obtained by the Council recommended the orders be progressed as agreed by the Committee on 3 March 2011, with the exception of Hartop Lane where the Inspector had not previously confirmed the Order for this route such that there is was longer an outstanding application to determine.

The Committee’s attention was also drawn to the fact that the threat of an injunction was considered genuine, particularly as the same landowners have previously made applications to the High Court to quash earlier orders. To avoid any application for an interim injunction on an ex parte basis the Orders would not be made before 31 January 2012.

Resolved

That the decision of the Highways Committee of 3 March 2011 to make an order to add a Public Byway to the Definitive Map and Statement of Public Rights of Way for Hartop Lane (Route 3) be withdrawn and that the information provided in terms of the other routes be noted.