Rother District Council Agenda Item: 6.2

Committee - Planning

Date - 21 June 2007

Report of the - Director of Services

Subject - Town & Country Planning Act 1990 – Section 247 Proposed Stopping-up of highway at land between King’s Bank Lane and Main Street, Beckley.

The following report and recommendation will be going before the Cabinet at its meeting on 2 July 2007. The Planning Committee is invited to submit comments for the Cabinet to consider.

Recommendation: It be RESOLVED that Members consider comments submitted by the Planning Committee and that Rother District Council does not object to the stopping-up of the highway at land between King’s Bank Lane and Main Street, Beckley, provided the developer has first entered into an agreement with East Sussex County Council, whereby (a) the developer dedicates the necessary land as public highway; and (b) contracts to carry out the improvements to the highway for East Sussex County Council.

1. This report relates to a roughly triangular shaped plot of about 0.185 ha at the junction of Main Street and King’s Bank Lane, Beckley.

2. Planning permission for the change of use of the Royal Oak Inn to a dwelling was allowed on appeal in December 2001 (ref. RR/2001/1240/P) following the Council’s decision to refuse consent. Planning permission for the demolition of Oak Tree House and the construction of nine cottages with associated parking was refused in December 2002 (ref. RR/2002/2877). More recently a proposal to demolish the existing dwelling and erect 7 cottages with garages, parking, landscaping and associated works including alteration to an existing access was refused in January 2004 (ref. RR/2003/3300/P). The Inspector allowed the appeal, which followed in September 2004, but was not aware that it involved development on a public highway (a long standing right of way across the land which had become the car park linking Main Street and King’s Bank Lane). A copy of the decision notice is at Appendix A. Subsequently, however, an application was made by Beckley Parish Council in April 2004 to make an Order for a Byway Open to All Traffic (BOAT) on the right of way. This runs between Main Street and King’s Bank Lane directly in front of the former Royal Oak Inn and effectively blocks the approved development.

3. As a consequence the Council has now been served with a Notice by the Government Office for the South East announcing the publication of a draft Order under the Town and Country Planning Act 1990 - Section 247, authorising the stopping-up of the newly designated highway. A copy of the plan accompanying the Notice, as referred to in the draft order, has been appended to this report at Appendix B.

4. The Stopping-up Order replaces a notice published on 21 October 2005. An objection was made to that earlier notice for the following reasons:

(i) It would facilitate development to which this Council was opposed. The Inspector who allowed the permission was not aware that it involved development on a public highway and therefore her decision does not support this application and the planning issues have not been conclusively determined;

(ii) The area of highway in question is not functionally redundant and appears to have been incorporated into the curtilage of the public house unlawfully. No prescription is possible in the case of a Public Highway;

(iii) If the road was resurfaced by the Highway Authority a much safer junction for vehicles proceeding from King’s Bank Lane and then westwards along Main Street would be available; and

(iv) Part of the highway has already been obstructed and such an order cannot be retrospective.

The revised Order differs from the original Order in that the earlier Order only sought the stopping-up of the highway between Main Street and King’s Bank Lane. The revised Order also includes the stopping-up of part of the highway fronting Main Street; the improvement of the highway where the access is proposed for the new development; and the improvement of the junction of King’s Bank Lane and Main Street by improving the radius of the junction and the provision of a footpath between King’s Bank Lane and Main Street.

5. Under Section 247 of the Town & Country Planning Act 1990, the Secretary of State may by Order authorise the stopping-up or diversion of any highway if he is satisfied that it is necessary to do so in order for development to be carried out in accordance with planning permission. One issue that has been the subject of discussions with the developer and East Sussex County Council, as Highway Authority, is that the improvements that are now shown were not part of the permission granted on appeal under reference RR/2003/3300/P and therefore it would appear that Section 247 is not appropriate. However, alterations to a highway can be undertaken as “permitted development” under Part 13 of the Town and Country Planning (General Permitted Development) Order 1995. Such rights are only available to the Highway Authority. The developer and East Sussex County Council could overcome this by entering into an agreement whereby the developer (a) dedicates the necessary land as a public highway; and (b) contracts to do the work for East Sussex County Council. Therefore, I consider that if this is done the stopping-up could be made under Section 247. Another issue that has arisen is whether the approved plan accurately shows the boundaries of the site and whether the development can be accommodated on the site. In the context of the Stopping-up Order, the plan is shown as being approximately 1/500. It is not therefore possible to ascertain precisely whether the development can be accommodated in the context of the Stopping-up Order plan. However, I consider this is primarily an issue to be considered in respect of the planning permission and its possible implementation. If it transpires that the development cannot take place as shown on the approved drawing a further application would be necessary, and a further Stopping-up Order.

6. Turning to the matters that were the subject of the objection to the previous Order, I consider that much more information has now been obtained. Whilst the planning merits of development on the highway were not considered as part of the appeal process, the developer has been liaising with East Sussex County Council on highway safety issues. I consider that highway safety would be the main planning issue to consider, and if appropriate, the County could make representations regarding these matters. The question of safety was the third issue, and this has been dealt with above. On balance therefore I do not consider that it is appropriate to maintain an objection.

Anthony Leonard

Director of Services

Pl070621 – Proposed Stopping Up of Highway at BECKLEY