Agenda item

Councillor Janet Duncan attended the meeting as a Ward Councillor.

Concerns and suggestions raised by the petitioner at the meeting included the following:

• The footpath was between two properties (7 & 8 Airdrie Close) and had joined Airdrie Close with West Quay Drive. The footpath had been blocked off by residents and disused for the past 14 years
• The footpath previously had been an area where anti-social behaviour had taken place and which was used as access for burglars
• Reference was made to an incident where an attempted child abduction had taken place on the footpath
• The opening up of access of the footpath would increase anti-social behaviour and crime and would not be in the best interest of residents
• There had been an approval to the blocking off of the footpath by means of a letter to the occupants  in the summer of 1998
• In response to the officer observation in the report that there had been no evidence of anti-social behaviour, this had been because the footpath had been closed off
• A resident who had not signed the petition, but who agreed that the footpath should be ‘stopped up’ was opposed to any sale of the land which incorporated the footpath, to the resident adjacent to the footpath

Councillor Janet Duncan attended the meeting as a Ward Councillor and supported the petitioners’ views. She raised the following points:

·        Years ago residents had formally applied to have the footpath ‘stopped up’

·        Since the footpath had been blocked off there had been no incidents of anti-social behaviour

·        The footpath would not be easy for pedestrians to use as it was overgrown

·        The opening up of the footpath would necessitate the Council to undertake maintenance works, which they did not do at the present time

·        There had been an earlier petition which had requested a footpath along West Quay Drive to assist residents accessing the Marina

Councillor Keith Burrows listened to the concerns and responded to the points raised:

• The advice of the Borough Solicitor was that legally the footpath had to be opened up as the Council had a legal obligation as the Highway Authority to protect the rights of the public to use the adopted public highway
• There was no documentary evidence to suggest that approval had been given by the Council to allow residents to ‘stop up’ the footpath
• No decision could be taken on this petition until officers had fully investigated the background to the petitioners’ claims that a formal request had been made to ‘stop up’ the footpath in 1998.

Reasons for recommendation

The recommendation meets 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 there is not a more commodious alternative route and to stop up the adopted public highway would prevent the public’s use and enjoyment of the highway.

RESOLVED That the Cabinet Member:

1.    Met and discussed with petitioners their request to ‘stop up’ the adopted public footpath.

2.  Asked that officers investigate the history to the petitioners    claims that a formal request had been made to ‘stop up’ the footpath in 1998, and the petition be re-submitted to a future petition hearing once this information has been received.