Monday, July 18, 2005
Redhead's Landing
Redhead's Landing..............(cont.)
It is interesting to note that this blog has had a further two visits from a client using a leased line of South Tyneside Metropolitan Borough Council's server this morning (11.23). To try and help out with the information gathering that you may be doing in respect of Redhead's Landing, a trawl through the Council Minutes for 1988 and 1995 this morning revealed the following;
Resolution no.16 (page 97) of the Town Development Committee 21st. March 1989 authorised the Council Solicitor to apply for a Prohibition of Driving Order, to be enforced by the erection of gates incorporating an unlocked pedestrian access gate. (This action was deferred following protests and a petition against the proposal.)
The former related to the resolution of the Town Development Committee 12th. July 1988. The Chief Engineer then reported that the ownership of the land was not known but that it was between the former River Street and the boundary of McNulty Marine's premises. It was considered it would be public ownership. The committee resolved to authorise the Council Solicitor to seek a Prohibition of Driving Order under section116 of the Highways Act 1980, with the condition that a public access gate for pedestrians be maintained at all times.
This resolution was confirmed by the full Council on 16th. May 1989.
Resolution no.14. page 113 of the Town Development Committe 12th. May 1995, in respect of a breach of planning condition. The committee resolved (a) that TWDC instigate enforcement action to ensure that pedestrian access to the landing is maintained at all times (b) that the appropriate officers be authorised to continue with investigations relating to land ownership and existing rights over the landing.
Resolution no.4. page 117 of the Town Development Committee 11th. September 1995 "The report pointed out that investigations into the history of the landing revealed conclusive evidence that it had been a Public Highway in 1918 and, since no evidence had been discovered to show that it had been stopped up since that date, it appeared that Redhead's Landing remained a Public Highway. However the landing was subject to a Prohibition of Driving Order made on 7th. December 1989.
In reaffirming the decision taken on 12th. May 1995, (that a pedestrian access gate remains unlocked at all times) the committee resolved that no further action be taken.
This still begs more questions, if Redheads Landing was confirmed as still being Public Highway, subject to a Prohibition of Driving Order, how was it not deemed to be a Public Right of Way when the Definitive Map of Public Rights of Way was drawn up?
If the landing was considered to be in public ownership, is there a case for the Council to acquire the land on behalf of the public, thus ensuring that a right of way is maintained, and that the landing is regularly cleaned and maintained?
_________________________________________________________________
It is interesting to note that this blog has had a further two visits from a client using a leased line of South Tyneside Metropolitan Borough Council's server this morning (11.23). To try and help out with the information gathering that you may be doing in respect of Redhead's Landing, a trawl through the Council Minutes for 1988 and 1995 this morning revealed the following;
Resolution no.16 (page 97) of the Town Development Committee 21st. March 1989 authorised the Council Solicitor to apply for a Prohibition of Driving Order, to be enforced by the erection of gates incorporating an unlocked pedestrian access gate. (This action was deferred following protests and a petition against the proposal.)
The former related to the resolution of the Town Development Committee 12th. July 1988. The Chief Engineer then reported that the ownership of the land was not known but that it was between the former River Street and the boundary of McNulty Marine's premises. It was considered it would be public ownership. The committee resolved to authorise the Council Solicitor to seek a Prohibition of Driving Order under section116 of the Highways Act 1980, with the condition that a public access gate for pedestrians be maintained at all times.
This resolution was confirmed by the full Council on 16th. May 1989.
Resolution no.14. page 113 of the Town Development Committe 12th. May 1995, in respect of a breach of planning condition. The committee resolved (a) that TWDC instigate enforcement action to ensure that pedestrian access to the landing is maintained at all times (b) that the appropriate officers be authorised to continue with investigations relating to land ownership and existing rights over the landing.
Resolution no.4. page 117 of the Town Development Committee 11th. September 1995 "The report pointed out that investigations into the history of the landing revealed conclusive evidence that it had been a Public Highway in 1918 and, since no evidence had been discovered to show that it had been stopped up since that date, it appeared that Redhead's Landing remained a Public Highway. However the landing was subject to a Prohibition of Driving Order made on 7th. December 1989.
In reaffirming the decision taken on 12th. May 1995, (that a pedestrian access gate remains unlocked at all times) the committee resolved that no further action be taken.
This still begs more questions, if Redheads Landing was confirmed as still being Public Highway, subject to a Prohibition of Driving Order, how was it not deemed to be a Public Right of Way when the Definitive Map of Public Rights of Way was drawn up?
If the landing was considered to be in public ownership, is there a case for the Council to acquire the land on behalf of the public, thus ensuring that a right of way is maintained, and that the landing is regularly cleaned and maintained?
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