1.1 The Council has recently been contacted by the residents of 273 Landseer Road regarding continual damage to the front wall of their property by passengers waiting for buses at the adjacent bus stop. They have requested that the Council install a hoop barrier in front of part of their wall so that queueing passengers will lean against this rather than their wall. It is hoped that this will prevent further damage to the wall.
1.2 Whilst there is no obligation for the Council to act in this regard, the provision of a suitable hoop barrier could be carried out for a relatively small cost (approximately £275) which can be met from operational budgets and as such it is recommended that this is what is done.
1.3 The Council’s powers to act in this regard are under S115B of the Highways Act 1980 (provision of services or amenities by councils). This is qualified by S115G and S115H. S115G requires a notice to be published at the bus stop and sent to the owner and occupier of any affected premises and then provide a minimum 28 day period for any representations which must then be considered. S115H requires the Council to obtain the consent of the Highway Authority (SCC). SCC have given an informal indication that they would be prepared to grant consent to the proposed bus stop hoop barrier.
1.4 The use of these specific powers is an Executive function and as such the purpose of this report is to utilise these powers in order to publish a notice and then make a decision as to whether to proceed with the installation of a hoop barrier at the bus stop in this location or not.
1.5 DECISION: That the Head of Development & Public Protection be authorised to take all necessary steps to exercise the Council’s powers under S115B, S115G and S115H of the Highways Act 1980 in respect of the proposal outlined in this report and, following the statutory consultation period and subject to obtaining the consent of the Highway Authority, to consider any representations and decide whether to proceed with the said proposal or not.
Decision type: Non-key
Decision status: Recommendations Approved
Wards affected: Gainsborough;
Notice of proposed decision first published: 26/05/2015
Decision due: 13 Apr 2015 by Officer Decision