Agenda item

Concerns, comments and suggestions raised at the meeting included the following:

• The Public Right of Way from Vine Lane to St Andrews Gate was a convenient pedestrian route, only 12 minutes walk from Uxbridge Station.
• Following the security alerts in 1988 the vehicular access and Public Right of Way was stopped through the site.
• At the time the footpath was closed the reasons were for safety of personnel on the site.
• Assurances had been given that the footpath would be opened but so far this had not happened.
• When the Ministry of Defence (MoD) handed over the site to the developer the petition was submitted to the MoD and Hillingdon Council for the footpath to be re-opened.
• The footpath remaining closed had an impact on children attending St Andrews School as it was further to walk.
• Residents in the Vine Lane drove their children to school rather than walk, which added to increase traffic and pollution.
• Residents in Keith Park Road no longer had access to the electronic gate.
• Alternative route for pedestrians was hazardous.
• The Highway Authority clearly does not agree with the long term closure of the footpath.
• There was  a duty for the Highways Authority to protect the footpath and remove any obstruction to enable it to be used by residents. .
• Local residents had the right to take the Council to Court to ensure that they undertake their statutory responsibilities.
• The Planning Authority had not complied with guidance in the Defra  Rights of Way Circular 1/09
• Asked the Cabinet Member to take up with the Planning Authority that public rights of way are identified in planning applications and the guidance in the Defra Rights of Way Circular 1/09 is complied with.
• That once the footpath was re-opened that the footpath be diverted at all times when any closure of the footpath was required.
• There had been recent events that the Cabinet Member needed to be aware as  discussions were ongoing with VSM the developer for the site for the re-opening of the footpath.

o       After letters with VSM and Hillingdon Council over the last 12 months agreement had been reached for the footpath to be re-opened.

o       The condition of opening the footpath was that it would be closed for demolition work on site.

o       Work had progressed for the re-opening as posts for the chain link fencing had already put in place on part of the site.

The Cabinet Member listened to the concerns and the points made by those present at the meeting and asked officers to comment on the issues raised in relation to the re-opening of the footpath.

Officers advised that he had met with the owners of the site on 4 occasions and felt that they did not fully understand the Public Rights of Way law.  They had now set out their intentions for the footpath and as stated work had already begun to fence the footpath to enable it to re-open.   Fencing of the footpath was being provided to protect those residents using the footpath and the also those working on then site.  Officers were confident that the footpath would be re-opened in two weeks time.  The petitioners present were advised that if there were any future problems with the footpath that they should contact John Fern so that it could be dealt with appropriately.

Officers further stated that there would be occasions when the footpath would need to be stopped up but this would be done legally and where possible an alternative diversion put in place.   Concerns had been raised about security but it had been confirmed that the footpath would be open 24 hours a day and appropriate steps would be taken if any Anti Social Behaviour occurred.

The Cabinet Member thanked the petitioners and officers for the valuable update on the current position on the re-opening of the footpath.  The re-opening of the footpath was moving in the right direction and it was envisaged that it would be fully opened in two weeks as required by the petitioners.  

The Cabinet Member agreed to take up the planning concerns that had been raised by one of the petitioners.

Resolved - That the Cabinet Member;

1. Met and discussed with petitioners their request to re-open the Public Right of Way U63.

2. Instructed Officers to take the appropriate action to facilitate this request.

Reasons for recommendation

The recommendation reflects the views of local residents and meets the Council’s legal obligation as the Highway Authority to protect the rights of the public to use the Right of Way.

Alternative options considered

There are no alternatives to consider as failure to re-open this Right of Way will constitute an obstruction to the public as planning permission has not yet been approved and appropriate Legislation to temporarily divert or ‘stop up’ the route while development takes place cannot be considered at this present time.