Decision details

To seek the Cabinet Member?s approval for the processing of an Order under Section 116 of the Highway Act 1980, to extinguish highway rights on an area of land within the curtilage of No.70 and No.72, A6 Derby Road, Duffield.
Following consideration of this report, the Cabinet Member is asked to accept the request for the extinguishment of the highway rights to the area of land contained within the curtilage of No.70 and No.72 Derby Road, Duffield.
 

That the Cabinet Member approves the processing of an Order under Section 116 of the Highway Act 1980, to extinguish highway rights on an area of land within the curtilage of No.70 and No.72, A6 Derby Road, Duffield and accepts the request for the extinguishment of the highway rights to the area of land contained within the curtilage of No.70 and No.72 Derby Road, Duffield.

That the Cabinet Member authorises the Director of Legal and Democratic Services to undertake all the necessary steps to obtain a Stopping-Up Order under Section 116 Highways Act 1980 for the area of land (hatched orange within the red solid boundary on the attached plan) being land that has already been enclosed within the curtilage of properties No.70 and No.72 Derby Road, previously being the line of Derby Road before the redevelopment of the former Derbyshire County Council Highways Depot.

The Council does not pursue the stopping-up process through Section 116 of the Highways Act 1980 and the land remains within the adopted highway and the boundaries of the properties are realigned to reflect this decision. This would prevent the property owners from seeking permission from the County Council to make any alterations.