Agenda item - Portland Road development Stopping Up Order application

Report of the Executive Director of Environment, Development & Housing (copy attached).

That, having taken into account the objections and representations made by the objectors, the Committee agrees to proceed with an application to the magistrates’ court for the stopping up of the areas of highway set out in Application 1.

14.1         The Committee considered a report of the Executive Director of Environment, Development & Housing that requested approval to proceed with an application to the magistrates’ court for the stopping up orders related to the site of the former ABC Cinema/Gala Bingo Hall on the corner of Portland Road and School Road.

14.2         The Head of Transport provided an introduction to the report. He stated that it was a very detailed report on a complex matter adding that the stopping up order related to a very small part of the public highway. Furthermore, it was the view of officers that Application 1 was favourable as it provided a more practical layout and would be easier to maintain and keep clear. In addition, it was the view of officers that the area considered was not a viable piece of public highway.

14.3         Councillor Pissaridou made a representation to the Committee detailing her objections to proceeding with the application. Councillor Pissaridou stated that the development had been contentious from the outset. Furthermore, the current application had been excluded from proposals submitted by the developer in October 2012 which demonstrated they could proceed with the development without that portion of land. Councillor Pissaridou highlighted that the section of land was a public right of way and should be prized rather than built upon. In addition, Councillor Pissaridou believed the authority would set a dangerous precedent in accepting this loss of public highway.

14.4         Mr Preston, who had been invited to speak to the item by the Chair of the Committee, detailed his objections to the application. Mr Preston stated that the area concerned was not a recess as had been described. Mr Preston added that he had attempted to engage with the Highways department regarding the proposals but had been left no option but to go to court as Highway Authority had decided to go ahead with the extinguishment order application based on compelling reasons for future use of the development and a subjective assessment of something that no longer exists. Furthermore, Mr Preston believed accepting the application would set an extraordinary precedent and the Committee should acknowledge the wider public concern and reject the recommendations.

14.5          The Head of Transport explained that the development had been given planning approval. Further more, it was the view of the highways and transport team that there would not be a material impact upon transit if the application was approved. In addition, the application would join up the boundary line and maintain the width of the pavement.

14.6         Councillor Hawtree enquired as to the legal position with regard to a potential overhang on Application 1.

14.7         The Head of Transport clarified that there would be a slight overhang to the development and the successful planning application supported that right.

14.8         Councillor Theobald asked why the authority were not requesting a fee from the developers for the piece of land.

14.9         The Head of Transport replied that this was not a process that would support asking for revenue.

14.10    The Lawyer supplemented that the developer had requested the authority to exercise its right to apply for a stopping up order and submit the application which the council had agreed to do. The financial cost to authority of doing so would be met by the developer.

14.11    Councillor Sykes noted that the developer owned the sub-soil so therefore the authority would not be able to sell the portions of land concerned.

14.12    The Head of Transport stated this was correct and the authority could only sell the depth of the highway.

14.13    Councillor Robins asked for the measurement of the two stretches of land included in the application.

14.14    The Head of Transport clarified that the strip on Portland Road measured 16.5sq metres and the strip on School Road 24sq metres.

14.15    RESOLVED- That, having taken into account the objections and representations made by the objectors, the Committee agrees to proceed with an application to the magistrates’ court for the stopping up of the areas of highway set out in Application 1.