Agenda item

Knob Hall Lane, Southport

Report of the Chief Legal and Democratic Officer

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 sought legal advice and not sufficiently considered that there is an alternative to that legal advice. The call-in Members and many residents believe that the council have a moral obligation to the residents of Knob Hall Lane that is not being served by this new policy which will see the lane deteriorate even more than it already has and see hundreds of residents, including those living on adopted roads, forced to travel on unsafe and unmaintained roads to access their properties”

 

Councillor Fairclough, Cabinet Member – Locality Services explained the decision and the reasons why it was taken by him.

 

Peter Moore, Head of Highways and Public Protection reported on the issues and the reasons for his recommendation and advice to the Cabinet Member – Locality Services.

 

Councillor Evans, lead call-in Member, Councillor Fairclough, Cabinet Member – Locality Services and Peter Moore, Head of Highways and Public Protection responded to questions/comments posed by Members of the Committee in relation to the call-in concerning:

 

·       Since the construction of Knob Hall Lane the number of new houses, situated off Knob Hall Lane that had been granted planning permission by the Council

·       The perception of Knob Hall Lane residents of the unfairness of additional traffic using their unadopted lane to access new, adopted roads and houses that had been granted planning permission by the Council

·       That Knob Hall Lane was a public highway and had been used as a diversionary route by the Council to facilitate road works in nearby locations

·       The most recent costs to residents, provided in 2005, for bringing Knob Hall Lane up to adoption standard that ranged from £2000 to £45,000 per resident. It was anticipated that the current total cost to bring the lane up to adoption standard would be in the region of £500,000

·       Why conditions were not imposed on planning permissions granting development of properties off Knob Hall Lane that required funding to bring the lane up to adoption standards; and whether this would be a material consideration for the Planning Committee

·       The numbers of other unadopted roads in Sefton similar to Knob Hall Lane that had adopted highways running off them

·       The difference between adopted roads and public highways

·       The cessation of maintenance on all unadopted roads in the borough

·       Concern expressed that Knob Hall Lane residents were confused and frustrated as to what to do next as they were unsure about how to remedy the deteriorating road outside of their properties. Residents were uncertain whether they could employ their own contractors, or do works themselves, to improve the lane outside of their homes 

·       Knob Hall Lane was deteriorating and could lead to catastrophic events

·       The potential for the Council to consider a loan scheme for residents to undertake works to bring the lane up to adoptable standard had not been considered

·       The administrative burden on the Council to impose charges against properties for works undertaken to bring the lane to adoption standards; and then having to recoup the money over a long period of time                

 

Councillor Fairclough, Cabinet Member – Locality Services then summed up his position.

 

Councillor Evans, on behalf of Councillors Dodd and Pugh summed up the position of the call-in Members.   

 

A Motion was moved by Councillor Page and seconded by Councillor Cluskey that the Committee is not concerned about the decision made by the Cabinet Member – Locality Services.

 

The Democratic Services Officer officiated the vote and the Chair declared that the Motion was carried by 7 votes to 1 with 1 abstention and it was

 

RESOLVED: That

 

(1)

the validity of the call-in be accepted;

 

(2)

the Committee is not concerned and accepts the decision made by the Cabinet Member – Locality Services in relation to Knob Hall Lane, Southport; and

 

(3)

the Head of Highways and Public Protection be requested to provide information to Members on whether residents residing on an unadopted road could employ their own contractors, collectively or individually, or do works themselves, to improve the highway outside of their homes. 

 

 

Supporting documents: