Issue - meetings

Knob Hall Lane, Southport

Report of the Chief Legal and Democratic Officer

Additional documents:

Minutes:

The Committee considered (a) the report of the Chief Legal and Democratic Officer, which set out the decision of the Cabinet Member – Locality Services in relation to Knob Hall Lane, Southport, and the reasons why the decision had been called-in; and (b) the report of the Head of Highways and Public Protection which was considered by the Cabinet Member – Locality Services in relation to this matter.

The decision taken by the Cabinet Member – Locality Services on 9 December 2021 in relation to this matter was as follows:

Decision Made:

That:

(1)

the position as set out in paragraph 7 of the report be approved; and

(2)

the Head of Highways and Public Protection be requested to write to Cambridge Ward Councillors and residents, affirming the Council's position on this matter.

Reason for Decision:

The issue of maintenance responsibility for Knob Hall Lane has been the source of dispute for many years. In November 2019, Cambridge Ward Councillors, on behalf of the residents of Knob Hall Lane, collectively raised the issue with the Head of Highways and Public Protection. Investigations were therefore commenced which involved a thorough search of the Council’s documentary records, and legal advice was sought. Endorsement of the suggested position will enable officers to communicate that position to interested parties.

Alternative Options Considered:

The Council could adopt a different position to that set out. This option has been rejected, as the position suggested is considered correct on the basis of analysis of the circumstances, legislation, case law, and historic documentary evidence.

The decision was subsequently called-in by Councillors Evans, Dodd and Pugh.

Paul Fraser, Senior Democratic Services Officer reported on the validity of the call-in and highlighted that the call-in requisition:

· had been received within the specified call-in period;

· had been signed by three Members of the Council who were not Members of the Cabinet, in accordance with the provisions in Chapter 6, Paragraph 38(a) of the Council’s Constitution; and

· referred to a specific decision made by the Cabinet Member – Locality Services and provided reasons for call in, in accordance with Chapter 6, paragraph 40 of the Constitution.

Councillor Evans, on behalf of Councillors Dodd and Pugh, addressed the Committee and outlined and amplified the reasons for the call-in as follows:

“(1)

to seek more understanding of the decision and its implications - as whilst legal advice has been given, it is believed there are other solutions which would be fairer to the residents, such as:

· Continuing to maintain the previous policy to maintain Knob Hall Lane to a 'keep safe' standard in recognition of its unique position and the role it plays in accessing three adopted cul-de-sacs.

· Considered any alternative route to adoption, including assisting funding, reconvening contact with the Hesketh estate or any alternative options.

(2)

to question the soundness of the decision based on facts taken or not taken into account - to seek alternative solutions which the council has not examined. Effectively, it is believed that the council have ... view the full minutes text for item 36

Issue - meetings

Knob Hall Lane, Southport

Meeting: 08/03/2022 - Overview and Scrutiny Committee (Regeneration and Skills) (Item 36)