Stopping up highway order Section 247

[legallystressed]

Hi everybody,

I am in the process of drafting an objection to a stopping up order. The highway in question will stop my right of vehicle access to the rear of my property. I believe that I can apply for a prescribed easement as I have been using this for the past 25 years. Does anyone know how easy/difficult this process is and how long it takes?

Also, can anybody decipher the legal jargon of Section 247; F7 (4b) which states:

provision for the preservation of any rights of statutory undertakers in respect of any apparatus of theirs which immediately before the date of the order is under, in, on, over, along or across the highway to which the order relates.

Any help will be greatly appreciated - deadline for getting my objection in is today btw!!!

[stevemLS]

Re: Stopping up highway order Section 247

Sorry too late to help you with your objection but the sub-section you quote says that where the Secretary of State makes an order stopping up a highway he may (i.e. doesn't have to) reserve rights to statutory undertakers to deal with their existing equipment.

Statutory undertakers are in general the utilities, gas, electricity, telecoms and so on. Afraid it wouldn't have assisted you in any event.

The problem you have is that you are exercising a public right of way to access the rear of your property, not a private right - it doesn't therefore "belong" to you.

In some circumstances, under s250 you might have a right to compensation if it affects the value of your property or otherwise causes you loss.

[legallystressed]

Re: Stopping up highway order Section 247

Many thanks for that Steve. My main points in the objection are due to me being disabled and the rear entrance being the only level entrance to my property. In addition, I have no side access and would need to walk around the block (quite a way) if I lost vehicle access. Any idea about prescribed easement?

[Kati]

Re: Stopping up highway order Section 247

If any objections are made to the proposed Order, they will be copied to the applicant. It is their responsibility to negotiate with the objectors with a view to
resolving the issues raised. When objections cannot be resolved, the Secretary of State may require a public inquiry to be held to fully consider the objections prior to making a decision. In some circumstances,the Secretary of State may be able to dispense with a public inquiry if sufficient information is obtained from the applicant and objectors – this cannot be considered if objections remain from statutory consultees.

This might be useful??

K x

[legallystressed]

Re: Stopping up highway order Section 247

Thank you Kati. The city council have supported the developers application so they'll probably get it anyway but at least I've tried xx

[stevemLS]

Re: Stopping up highway order Section 247

The question will be whether it is practicable to preserve your vehicle access?

The power only arises in view of an impending development, so whether that development means the highway will disappear, is it remotely possible to preserve it just for you.

If you look at s247(4) in full, the power is to do consequential things it appears expedient or necessary to do and one of the circumstances relates to statutory undertakings but it is a wide power and in no way limited to the particular circumstances it mentions. So, that could include an easement.

But, if the highway is going to disappear, it plainly couldn't be done.

[Kati]

Re: Stopping up highway order Section 247

Many thanks for that Steve. My main points in the objection are due to me being disabled and the rear entrance being the only level entrance to my property. In addition, I have no side access and would need to walk around the block (quite a way) if I lost vehicle access. Any idea about prescribed easement?

Re-appeal ... use discrimination against your disability as a reason for a new appeal?? They cannot be allowed to stop you accessing your property :tinysmile_twink_t2: