BOROUGH OF POOLE

TRANSPORTATION ADVISORY GROUP – THURSDAY 6 JULY 2006

REPORT OF HEAD OF TRANSPORTATION SERVICES

PETITION – MILBORNE CRESCENT FOOTPATH CLOSURE

1.Purpose of Report and Policy Implications

1.1To consider a petition requesting the closure of the footpath between Milborne Crescent and Alderney Recreation Ground .

1.2 The Council’s Transportation Strategy and Walking Policy both include policies to improve facilities for pedestrians. The Walking Policy 1 says:-

“In line with the DETR publication “Encouraging Walking” the Borough will work towards improving the status of pedestrians and taking their needs into account when changing existing infrastructure and providing new facilities in order to endeavour to increase the number of journeys made on foot.”

2.Recommendation

2.1It is recommended that the petitioners request be noted but that they be informed that the path should remain open.

  1. Considerations

3.1A petition has been received requesting the closure of the footpath between Milborne Crescent and Alderney Recreation Ground. The petition is signed by 18 residents from 12 households in Millbourne Crescent. The text of the petition is reproduced at Appendix A.

3.2The footpath is Public Highway and could not be closed without being formally stopped up under Section 118 of the Highways Act 1980. As Highway Authority the Council will have to be satisfied that it is expedient to stop up the footpath on the grounds that it is not needed by the public. Notice of the application would have to be given in a local paper, on the highway concerned, and be served on adjoining landowners. A Stopping Up Order would be applied for on the grounds that the highway is unnecessary for public use and there is a reasonable and suitable alternative route for the public.

3.3If there are objections to the stopping up it is then referred to the Secretary of State for consideration which could result in a Public Inquiry if objections cannot be resolved. As a Public Highway, the presumption would be that the route should stay open if anyone objects - Section 130 of the Highways Act 1980 states that "The Council as Highway Authority have a statutory duty to assert and protect the rights of the public to the use and enjoyment of, and to prevent so far as possible the stopping up or obstruction of, all their highways".

3.4In fact the path is used regularly by dog walkers and parents/children on their way to Manorside Combined School. The paths in this area are currently being researched by the Ramblers Association with a view to adding more paths to the statutory Rights of Way map.

3.5If the highway is stopped up the footpath reverts to the original land owner, which in this case would probably be the Council but this would need to be established. The owner may elect to leave the footpath as it is and not maintain it, or be persuaded to sell it to adjacent landowners.

3.6If there are any statutory undertakers (electricity, gas, telecom etc) apparatus in the footpath, the undertakers will require legal easements allowing access for future maintenance and repair. Alternatively they may require diversion or removal of their apparatus. Although it is unlikely that there is any equipment under the path, notices would need to be served on all statutory undertakers to be certain.

3.7Anticipated costs for the closure of this footpath would be in the range of:-

Advertising and applying for Order (if unopposed) / £2,000
Statutory Undertakers Easement(s) / Probably £0 but could be £4,000
Statutory Undertakers Diversion(s) / Probably £0 but could be £4,500
Purchase of land from owner / Probably £0 but could be £3,000
Remove path, relocate/provide hedges and fences / £4,000
Expected range of costs of closing path / £17,500

3.8Leisure Services would not support the potential closure of this path because it is well used, particularly as a route to Manorside School. Furthermore, whilst it is regrettable that the path is being used in a way that on occasions causes inconvenience and disturbance to some residents, to agree to this request may result in requests to close other access paths into the site. Maximising legitimate access to Alderney Recreation Ground is an important way to control anti-social behaviour. Consequently it is considered that fewer access points will have a negative impact on the goal of encouraging greater use of the site in the future, which is essential if the site is to fulfill its potential for the local community.

3.9Housing and Community Services were not aware of the issues concerning this particular footpath until the petition was received. They suggest that residents should come forward quicker with complaints before suggested closures as this gives them the opportunity to tackle the perpetrators. Bourne Valley is one of their action areas and so receives regular patrols from the Community Warden who is often joined by the local Police Community Support Officer (PCSO). They are working with the youngsters in the area on a football project and will soon be starting an art project on Haskells Recreation Ground. They have identified some of those involved in anti-social behaviour in this locality and with the police will deal with them within their procedures. Additionally, 3 young people from the Bourne Valley area will soon be in court for Anti Social Behaviour Orders(ASBOs) and a number have signed up for Acceptable Behaviour Contracts (ABCs).

4.Conclusion

4.1The removal or closure of facilities to overcome anti-social behaviour needs careful consideration as it conflicts with other Council objectives and the outcome is often to move rather than eliminate the problem. The Government has recently given more advice on this and, essentially this says that closing footpaths should be a last resort. This advice would be used by any objectors to strengthen their case, it also weakens any case that might be able to put forward. Requests have been received to close footpaths and entire roads, remove street seats and close car parks during certain hours to prevent anti social behaviour. Agreeing to such requests may move the problem from one group of residents to another or remove a valued facility. The proposal by the residents would involve considerable cost with no real certainty of gaining the desired outcome for the community as a whole. The Area Committee would find it difficult to justify allocating this level of funding.

STEVE TITE

Acting Head of Transportation Services

Appendix A – Text of the petition

Appendix B – Location of footpath

Name and telephone number of Officer contact : Steve Dean (01202)262071

TAG060706T3B

APPENDIX A

A Petition For Requesting the Closure Of The Cutting Connecting
Milborne Cresent With Bourne Valley Common.

As residents of Milborne Cresent who live near and adjacent to the cutting connecting the street to the Bourne Valley Common. We request the closure of this short walkway.

For a long time now a number of us have been subject to various forms of vandalism committed by local youths. The cutting offers them a quick escape from us, therefore we cannot recognise them as they run and hide from the Police and the Community Warden. The lane is also used as a route for those who illegally ride motorcycles freely and regularly across the common. Both residents who live next to the cutting suffer from taunts along with graffiti painted upon their property by individuals who use this cutting as a quick escape route. In the summer months this cutting allows a convenient exit from the common for those who commit arson from their numerous lighting of the shrub land behind the houses in Milborne Cres.

Finally, there are concerns over this cutting being used by residents who throw un-wanted goods and refuse at the bottom of it avoiding taking such disposed goods to the local Authority Refuse Centre.

January/February 2006

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