Agenda item

            The Board received a report of the Strategic Director, Environment which sought endorsement of a revised enforcement policy for the illegal crossing of vehicles over footways and verges and to establish a clear policy for the construction of access crossings. The aim was to minimise the problems encountered in enforcement using the existing policy and problems experienced in recovering the costs of access crossings from offenders.

            The Board was advised that vehicle access across a footway required a properly constructed access crossing to prevent the footway or any utility apparatus lying under the footway suffering damage as a consequence. The practice of vehicles repeatedly crossing footways which had not been strengthened not only caused damage to the surface and to any equipment beneath it, but also in many cases poses a hazard to pedestrians and other lawful users of the footway.

            The Board was further advised that it was also the custom of some property owners to deposit objects such as planks of wood, metal ramps and even concrete in the drainage channel to aid access. These practices could cause serious injury to members of the public and damage to the vehicles that the public may be travelling in or on and may result in claims for compensation being brought against the Council.

            The report set out the sections of the policy and explained the issues to be considered and proposed courses of action for each of the following:

• criteria for acceptance of a crossing;
• application Procedure;
• incorporation of crossings into the Council’s Footway Structural Maintenance Programme (including a refund mechanism); and
• enforcement and recovery of costs.

            RESOLVED: That the Board supports the following recommendations and forwards its comments to the Executive Board for consideration:

(1)       that access crossings only be permitted and constructed in accordance with the criteria set out in 3.2.1 of the report.

(2)       the application procedure be adopted as set out in paragraph 3.3.2 of the report.

(3)       should a programme structural footway maintenance scheme be carried out by the Council within two years of an owner/tenant having paid for a crossing, then a partial or full refund would be offered in accordance with Appendix 7. This would be available, if requested, up to 12 months after the completion of the maintenance works. A crossing would also be offered, where appropriate, at a reduced cost or free of charge (depending on the scope of the works), if structural maintenance works were to be carried out as set out in paragraph 3.4.1 of this report.

(4)       the enforcement procedure set out in the report to Policy and Performance Board (Planning, Transportation and Development on 11^th October 2000 be amended as set out in paragraph 3.5 of the report.

(5)       for the avoidance of doubt, and in accordance with Section 184 of the Highways Act 1980, it was agreed that the Council should construct any, or all access crossings within the Borough, and seek to recharge the costs to the frontage property owner; and

(6)       the revised policy and procedure for the construction and enforcement of crossings over footways and verges be supported.