There has been a lot of rumour recently that the local Residents' Association was applying to erect a gate at the Upper Woodcote Village (UWV) entrance to the Webb Estate so as to discourage parking on the public highway, anti-social behaviour etc. To confirm, there has not been an application submitted, and we are not aware of plans to do so so this post is simply to put rumours to rest and set out the process should an application go in.
Cllr Simon Brew has made some enquiries with the Council and this is an extract from the reply:
- Please advise what is the process whereby the Council might receive a request to erect a gate across the highway
Placing a gate across a public highway where there is no alternative route to the highway would result in extinguishing the public ‘rights’ to the highway which is similar to stopping up the highway.
Assuming the local RA is considering applying to do this, they will have to demonstrate why the highway is no longer necessary. A stopping up order will not be made unless the written consent, of every person having a legal interest in the land over which the highway is proposed to be stopped up, is obtained and produced to the Magistrates Court. This would include, but is not restricted to, utility companies that would have underground apparatus in the area and the public who currently enjoy access to the memorial park.
The Council are the landowners of the memorial park and would require access for maintenance. Usually, a stopping up order is made in relation to a new development when it is agreed that an area of land is no longer needed.
- Would ward councillors be notified if such a request were made?
Yes, Ward Councillors should be notified at an early stage in any process to extinguish vehicular rights on a highway as they represent residents and businesses who would be affected by such a decision.
- What response would the Council be likely to make to this request?
Officers would advise as above. It is very unlikely that a Magistrates Court would approve such an application even if the Council decided that this highway could be sold.
We hope this reassures residents that there is no risk of such a gate being erected any time soon.
