i) Submission of Petitions
Members of the public will be invited to present petitions to the Area Committee on local problems.
You can get more information about how to submit petitions and what will happen to them from ‘Your Guide to Area Committees’, available at the meeting.
ii) Response to Petitions received at the last meeting
The Town Clerk to report the responses received from the Corporate Director of Regeneration and Culture on the two petitions received at the last meeting, with a total of 22 signatures, from residents of Wintersdale Road and Perkyn Road and relating to the same footpath. The petitions were worded as follows: -
“We the undersigned, being residents of Wintersdale Road and Perkyn Road, urgently need measures to correct the vandalism, rubbish dumping and associated anti-social behaviour in the footpath known as Wintersdale Walk.
In the past five years, fires have burned the privately owned fences to the extent that owners are reluctant to continue their repairs, this in turn allows for unauthorised access over the rear gardens, recently this has resulted in two burglaries at Christmas where they used Wintersdale Walk as a means of access to the rear gardens and consequently this caused a great deal of upset.
We believe either drastic action in the form of secure fencing or a closure order for the walk is now the only course of action that will allow us to enjoy the safety and privacy of our houses.”
The Corporate Director of Regeneration and Culture has since responded as follows: -
“1. Highway
I have checked our records and can confim that Wintersdale Walk is adopted as a highway maintainable at public expense. The usual means of securing permanent highway closures is to use powers under the Town and Country Planning Act (TCPA) 1990 or the Highways Act (HA) 1980. Using these powers highways can be closed, in order to allow permitted development (TCPA Section 247) or if in the Council’s opinion that it is no longer needed for public use (HA Section 118).
Neither of the above powers could be exercised on this occasion as there is no planning application relating to this site and the path would appear to offer a realistic route for pedestrians moving through the area.
Even if a legal closure could be obtained problems could still be encountered with the future management and maintenance of the land upon which the footpath is situated, as the Council would be released from its legal duty to maintain the path. The future maintenance of this would then become the responsibility of the landowner(s). This could lead to potential problems with the future maintenance of this area, which if left unused and ill maintained, could become a site for further antisocial activities.
2. Trees
An inspection has revealed that 3 of the 4 lamp columns are obscured or partially obscured by the trees. Arrangements are in hand for pruning of the trees and in two cases permission of a householder is being sought.
In addition, one of the lights was not working and the contractor has been instructed to carry out a repair. Arrangements have also been made to convert one lamp from low-pressure sodium unit to the more modern optically efficient high-pressure sodium lighting.”
The Area Committee are asked to note the response received and to consider whether further action, if deemed necessary, can be taken to address the petitioners concerns.
Minutes:
The Town Clerk reported the responses received from the Corporate Director of Regeneration and Culture in respect of the two petitions received at the 30 January meeting of the Area Committee. The two petitions, with a total of 22 signatures, from residents of Wintersdale Road and Perkyn Road related to the same footpath and were worded as follows: -
“We, the undersigned, being residents of Wintersdale Road and Perkyn Road, urgently need measures to correct the vandalism, rubbish dumping and associated anti-social behaviour in the footpath known as Wintersdale Walk.
In the past five years, fires have burned the privately owned fences to the extent that owners are reluctant to continue their repairs, this in turn allows for unauthorised access over the rear gardens, recently this has resulted in two burglaries at Christmas where they used Wintersdale Walk as a means of access to the rear gardens and consequently this caused a great deal of upset.
We believe either drastic action in the form of secure fencing or a closure order for the walk is now the only course of action that will allow us to enjoy the safety and privacy of our houses.”
The Corporate Director of Regeneration and Culture responded as follows: -
“1. Highway
I have checked our records and can confim that Wintersdale Walk is adopted as a highway maintainable at public expense. The usual means of securing permanent highway closures is to use powers under the Town and Country Planning Act (TCPA) 1990 or the Highways Act (HA) 1980. Using these powers highways can be closed, in order to allow permitted development (TCPA Section 247) or if in the Council’s opinion that it is no longer needed for public use (HA Section 118).
Neither of the above powers could be exercised on this occasion as there is no planning application relating to this site and the path would appear to offer a realistic route for pedestrians moving through the area.
Even if a legal closure could be obtained problems could still be encountered with the future management and maintenance of the land upon which the footpath is situated, as the Council would be released from its legal duty to maintain the path. The future maintenance of this would then become the responsibility of the landowner(s). This could lead to potential problems with the future maintenance of this area, which if left unused and ill maintained, could become a site for further antisocial activities.
2. Trees
An inspection has revealed that 3 of the 4 lamp columns are obscured or partially obscured by the trees. Arrangements are in hand for pruning of the trees and in two cases permission of a householder is being sought.
In addition, one of the lights was not working and the contractor has been instructed to carry out a repair. Arrangements have also been made to convert one lamp from low-pressure sodium unit to the more modern optically efficient high-pressure sodium lighting.”
RESOLVED:
that the response received be noted and it was agreed that there was no further action that could be taken to address the petitioners concerns.