Agenda item

PETITION ASKING FOR THE ADOPTED PUBLIC FOOTPATH BETWEEN AIRDRIE CLOSE AND WEST QUAY DRIVE, YEADING TO BE KEPT CLOSED(Agenda item 3)

At the beginning of the meeting and before the petitioner spoke, Cllr Keith Burrows explained that as a result of Legal advice he had received, the decision whether or not to keep the footpath closed was not his to take and was an officer decision only.

Councillor Janet Duncan attended the meeting and spoke as a Ward Councillor. She stated that she supported the petitioners’ desire to ensure the footpath remained closed as this would protect residents’ privacy and enhance the security of the local area. In addition to echoing the concerns of the petitioner, Cllr Duncan explained that an additional petition had been prepared (in objection to the opening up of the footpath) and requested that this be considered at the meeting.

Concerns, comments and suggestions raised by petitioners at the

meeting included the following:

• Petitioners had visited Hinkley Close and Sedley Close and both these pathways had been gated up.
• The pathway was notorious for anti-social activity.
• The consultation results mentioned in the officer report which suggested the majority of residents wished the footpath to remain open for use, did not reflect the feelings of local residents.
• Of the 400 questionnaires which had been delivered locally as part of the consultation exercise, none of the residents which purported to support the opening of the footpath had chosen to attend the meeting.
• A further petition had been prepared  (and through the Ward Councillor) a request was made that this be included as part of the consultation exercise
• If the decision whether or not to keep the footpath closed was not the Cabinet Members’ to take, the petitioners asked which officer would take the final decision and when this would be taken?

Councillor Keith Burrows listened to the concerns of the petitioners and

responded to the points raised.  Cllr Burrows stated that as petition hearings were scheduled months in advance to hear a specific petition and an officer report had been written in response to it, it was inappropriate for an additional petition to be tabled and considered at the meeting. Cllr Burrows requested that the new petition be passed to Democratic Services and for this to be retained on file until a decision had been made. At which point he requested officers to then write to the petitioner to explain what would happen next.

In relation to the concerns expressed about the consultation exercise, Cllr Burrows explained that a consultation exercise which included 400 questionnaires had been conducted in the usual way and the results from this had formed the basis of the officer report before him at the meeting.

In response to concerns about the consultation process, Cllr Burrows enquired whether or not the views of the Police had been sought. Officers confirmed that they had not had any contact from the Police about the footway and so Cllr Burrows requested that before any final decision was taken by officers, the Police should be asked for their views.

In concluding his remarks, Cllr Burrows reiterated that he was not empowered to make a decision in relation to the footway and officers would contact the petitioners in writing with the outcome of the officer decision as soon as this had been taken.

Resolved -  That the Cabinet Member;-

1. Meets and discusses with petitioners their request for the adopted public footpath to be kept closed and informs them of the consultation results.

2. Notes that when deciding whether or not to open up the adopted footpath, officers will take into account all relevant considerations including the consultation results and the views of petitioners.  

3. Before any decision is taken, Instructs officers to contact the Police for their views on whether or not to keep the footpath stopped up.

Reasons for recommendation

To allow the Cabinet Member the opportunity to discuss with the

petitioner the concerns over the Council’s legal obligation as the

Highway Authority to protect the rights of the public to use the adopted

public highway.

Alternative options considered

There are no alternatives to consider as the Council will have taken all

appropriate steps to ensure that the views of all persons who may be

affected by a decision have been consulted before taking the

appropriate action.