Agenda No.
1
HERTFORDSHIRE COUNTY COUNCIL
DEVELOPMENT CONTROL COMMITTEE
TUESDAY, 12th SEPTEMBER 2006 AT 10.00 A.M.
EAST HERTS DISTRICT
APPLICATION TO EXTINGUISH FOOTPATH AT HOCKERILL COLLEGE, DUNMOW ROAD, BISHOP’S STORTFORD
Report of the Director of Environment
Author: Helen Denton Tel: 01992 556189
Local Member: Bernard Engel
1. Purpose of Report
To consider whether the County Council should make a Special Extinguishment Order to extinguish a footpath through Hockerill College, Dunmow Road, Bishop’s Stortford, under section 118(1)(b) of the Highways Act 1980.
2. Summary
2.1 An application was made by Nockolds Solicitors on behalf of Hockerill Anglo-European College (“the School”) on 17th January 2005 to extinguish Bishop’s Stortford Footpath 53 (“Bishop’s Stortford FP 53”) under section 118b(1)(b) of the Highways Act 1980. This type of order is known as a Special Extinguishment Order. The relevant legislation is contained within Appendix 1. The attached plan (“Plan 1”) shows the route of Bishop’s Stortford FP 53 and its location in relation to Hockerill College. The School has applied to extinguish the entire length of the footpath from point A to point D.
2.2 The County Council as Highway Authority can make a Special Extinguishment Order “where it appears to them that as respects any relevant highway for which they are the highway authority and which crosses land occupied for the purposes of a school, it is expedient to extinguish the footpath for the purpose of protecting pupils and staff from:
· violence or the threat of violence
· harassment
· alarm or distress from unlawful activity or
· other risks to their health or safety arising from such activity.”
The School must provide evidence in support of their application to satisfy the above tests.
2.3 If a Special Extinguishment Order is made it must be publicised. If no objections to the making of the Order are received, then subject to the tests for the confirmation of a Special Extinguishment Order being met, the Order can be confirmed by the County Council, bringing it into legal effect.
2.4 If any objections are received and not withdrawn, the Order will need to be submitted to the Secretary of State who may decide to hold a public inquiry to determine whether or not to confirm the Order.
2.5 Before Special Extinguishment Order can be confirmed, consideration must be given to all the circumstances and in particular to:
· any measures that have or could have been taken for improving or maintaining the security of the school;
· whether the order will result in substantial improvement in that security;
· the availability of a reasonably convenient alternative route; or
· if this is not available whether it would be reasonably practicable to divert the highway rather than stopping it up.
2.6 If the highway rights of Bishop’s Stortford FP 53 are extinguished, then the route would cease to be a highway. The County Council would no longer be legally responsible for the maintenance of the path.
2.7 Representations regarding this application have been received from the local Member, the Open Spaces Society, the East Herts Footpath Society, Bishop’s Stortford & Districts Footpaths Association, Bishop’s Stortford Town Council, East Herts District Council, and local residents.
3. Conclusion
Members will need to decide whether this application satisfies the tests set out in legislation, and if so whether a Special Extinguishment Order should be made in relation to all or part of Bishop’s Stortford FP 53.
It is recommended that the consideration of the making of a Special Extinguishment Order be deferred for a period of up to six months to allow the applicant the opportunity to provide additional evidence to satisfy the Highway Authority that all tests required by the legislation have been met. On receipt of this additional evidence, the case could be referred back to the Development Control Committee for determination.
4. Description of the site and application route
4.1 Hockerill Anglo-European College is a secondary education school which also provides boarding accommodation to around 400 pupils, boys and girls. It lies on land between Dunmow Road and Stortford Hall Park in Bishop’s Stortford.
4.2 Bishop’s Stortford FP 53 is shown on the Definitive Map and Statement running south-north from Stortford Hall Park to Dunmow Road, as shown on the Plan. It runs through the School grounds over land entirely owned by the School.
· It is separated from the School grounds by a wall from point A to B on Plan 1;
· it runs past School buildings and boarding houses between points B and C;
· it then runs alongside the School’s playing fields between points C and D.
The School has applied to extinguish the highway rights over the entire length of the footpath.
5. Consultations
5.1 On 13th January 2006, the County Council carried out an informal consultation and wrote to East Herts District Council, the local Members and a number of user groups to ascertain their views regarding this application.
5.2 Replies were received from Councillor Engel of Hertfordshire County Council, four user representatives, the town and district councils and six local residents. The main concerns of those who objected to the extinguishment were:
· The perceived lack of steps taken to improve the general security of the school premises. Some boundaries are still open for access, in particular the front boundary onto Dunmow Road, which is a low wall that can easily be vaulted. There are claims that the School commonly leaves its front gates open after school hours.
· Whether any alternative routes through the school grounds had been considered. A suggestion has been made for a diversion along the eastern boundary around the sports ground. The School says that alternatives are not possible as all suggested routes run past boarding houses which the School sees as being a security threat to those students who sleep there. A further (recent) suggestion of a diversion along the eastern boundary of the sports ground and exiting at Elm Grove (an adopted highway) has not been considered.
· That the path is well used by people in the local area, by people taking their children to school and also people walking to and from the train station on their way to work.
· That insufficient consideration had been given to fencing FP 53 from the School grounds. The School says that this would not be practical as the path needs to be crossed many times each day, but the objectors argue that the School has not considered the possibility of gates in the fence which would allow access.
· That no consideration has been given to a Gating Order under the Highways Act 1980 which would allow gates to be constructed at either end of the path which could be shut at certain times.
· The fact that the proposed alternative, which is along Dunmow Road and Stortford Hall Park, is nearly twice as long as the current footpath and that as it is already a vehicular highway this would increase danger to pedestrians.
· That currently many parents park along Stortford Hall Park or Dunmow Road to collect their children from school, as children use the footpath to exit the School, and that if the footpath were closed parents would generally park on Dunmow Road, which would increase congestion.
· Whether the School does occupy all of the land over which FP 53 runs, as it is fenced off from the footpath in places as referred to in paragraph 4.2 above.
5.3 A meeting was held on 13th June 2006 between the representatives of the School and its supporters and those who had voiced opposition to the proposed extinguishment. No mutually agreeable solution was found (see Appendix 2).
5.4 The County Council has consulted the Hertfordshire Police Authority about the application for a Special Extinguishment Order and they have confirmed their support.
6. Considerations for the making of a Special Extinguishment Order
6.1 Section 118b(1)(b) of the Highways Act 1980 enables the County Council to make an Order to extinguish a footpath which crosses land occupied for the purposes of a school provided it is satisfied that it would be expedient to do so on safety grounds, and so long as certain criteria can be met. Two sets of legal tests must be applied and satisfied: one set to make an order and a second set to confirm an order so that it comes into effect.
6.2 The legal tests that must be satisfied for an order to be made are:
(a) the route must be a relevant highway within the meaning of the legislation
The Highways Act 1980 defines a ‘relevant highway’ as:
· any footpath, bridleway or restricted byway
· any highway which is shown in the Definitive Map and Statement as a footpath, a bridleway or a restricted byway, but over which the public have a right of way for vehicular and all other kinds of traffic or
· any highway which is shown in a Definitive Map and Statement as a byway open to all traffic.
The route subject to this application is recorded in the current Definitive Map and Statement as Bishop’s Stortford Footpath 53. It was recorded on the First Definitive Map in 1953 and used to run further north to Parsonage Lane, before the land north of Stortford Hall Park was developed and this northern section of the footpath was stopped up.
It is therefore considered to be a ‘relevant highway’.
(b) the relevant highway must cross land occupied for the purposes of a school
Hockerill College owns the land over which the entire footpath runs. Part of the footpath is fenced off from the School grounds:
· Between points A and B on the Plan FP 53 is divided from the School grounds by a high brick wall. There are no gates in this wall and so access from the footpath into the School grounds between these two points is not possible.
· Between points B and C on the Plan FP 53 passes through land which is open to the School and which is crossed frequently by staff and pupils as they pass between classrooms and boarding houses. It is not fenced off from the School grounds between these points.
· Between C and D on the Plan FP 53 is fenced off from the School playing fields by palisade fencing. No gates between these points open onto the fields to allow access from the footpath.
The Committee will need to be satisfied whether the footpath crosses land which is used for the purposes of a school. It is considered that only part of the footpath between points B and C satisfies this test as it is the only part of the footpath that is truly part of the School grounds. Sections A-B and C-D are fenced off from the School grounds which prevents the path through these points being used as part of the School.
(c) thirdly, the extinguishment of the right of way must be expedient for the purposes of protecting the pupils or staff from:
· violence or the threat of violence;
· harassment;
· alarm or distress arising from unlawful activity; or
· any other risk to their health or safety arising from such activity.
Hockerill College has provided the County Council with a table of 84 incidents that took place between January 2004 and March 2006 detailing problems they feel are related to the footpath (paper copy available upon request).
· 10 of these incidents could be reasonably construed as constituting violence or the threat of violence
· 24 could be reasonably construed as constituting harassment
· 22 of these incidents could be reasonably construed as causing alarm or distress arising from unlawful activities and
· All of these incidents could be reasonably construed as constituting a risk to the health and safety of staff and pupils arising from unlawful activity.
The incidents vary widely in their nature and include:
· In December 2004 a pellet from an air rifle was fired through a classroom window where a music lesson was taking place. No injuries occurred but the glass from the window flew over eight metres. The police were contacted.
· In November 2004 around 16 youths entered the 6th form centre where a school disco was being held. They were heard shouting and swearing and “thumped” a teacher in the face when they were asked to leave. The police attended after the assault was reported.
· In May 2005 two youths were seen attempting to break into the rear of Roding Girls’ Boarding House.
· In September 2005 a group of youths entered the site and shouted obscenities at Year 9 who were using the Astroturf pitch. They ran off down the footpath when challenged.
· In March 2006 a sixth form student was assaulted as he disturbed a man attempting to steal his laptop. The man escaped in a car.
· There are reports of around 9 incidents which involve theft of property and also of at least 3 attempted break-ins.
· There are reports of around 11 incidents which involve damage to School property including broken windows and eggs being thrown at School buildings.
· There are reports of over 50 incidents which involve people being found loitering around the School site (outside and in the buildings) away from the footpath, who in many cases were abusive when asked to leave.
The report provided by the School suggests that some of the incidents took place as a direct result of access via FP 53, but it is ambiguous about the entrance point used by many of the intruders. The School has been advised to commission a risk assessment survey to try to discover to what extent incidents at the School arise as a result of the Footpath.