STUBBIN LANE – THE SAGA GOES ON IN COURT
So RMBC have made an application to Sheffield Magistrates’ Court under S116 of the Highways Act (1980) Why? The Legal Notice plan and application intends to stop up Stubbin Lane Highway (extinguish the highway rights) by ‘regularising and realigning the edges.’
No further explanation was made to the public in the RMBC Legal Notice, application and newspapers or in letters to some residents. In fact, the letter has baffled, confused and distressed residents.
It turns out that RMBC is applying on behalf of a resident who in 2010, significantly extended his home, encroaching the Stubbin Lane highway and also with a later second rear extension.
Was RMBC‘s public ploy to take the spotlight away from this resident whom they are acting for by asking ‘to regularise the edges’ of the whole of Stubbin Lane Highway?
1) Significant side extension and fence erected, obstructing the highway Sept 2010 – Feb 2011
In July 2011, RMBC grants Retrospective Planning Permission and Change of Land use acknowledging ‘it is the highway’ and conditional upon the resident gaining a Stopping up Order under S247 Highways Act (1990)
2) Resident waits a year (and 11 months since the extension was started) before making an application to the Department of Transport.
Rejected after Public Inquiry in November 2011, brought by HOSL.
3) Legal Notice served on RMBC by HOSL for breaching Statutory Highway duty May 2012.
As a result, RMBC serve Legal Notice of Enforcement upon the resident to rectify within eight weeks then promptly forget about it. June 2012
4) Councillors make objections and meet RMBC solicitor who sits on his hands. Nov 2013
5) RMBC attempt to apply for SUO under S116 Highways Act (1980) on behalf of the resident
In May 2015. HOSL alerted by ward councillors.
HOSL makes formal complaint about poor processes, officer behaviours and the continuous failure to enforce. May 2015 onwards.
6) Cross Party (and Ward) councillors make formal objections to Lead Commissioner 2015 – 16.
Leader of the Opposition 2016 takes up ‘Representation of the People’.
7) RMBC prepare application on behalf of the resident for a SUO under S116 in June 2017 and RMBC apply for full hearing at Sheffield Magistrates Court Jan 30th 2018
If you object to our highways, public land and amenities being misappropriated for private gain, this is what to do.
Contact Rothpol by email in the first instance, including your address and a phone number. You will then be provided with an information pack, which will inform you of the process. We are able to help you through it, you will be supported should you need help.
Time is short! Please respond asap, but before 11 am Monday 6th February.
If you are unable to become an objector, or have missed the tight deadline, you may wish to leave a comment giving your views on the misappropriation of public land and amenities.
Friends of Stubbin Lane
Report from the magistrates directions hearing:
RMBC plan showing Stubbin Lane and realignment:
RMBC preliminary legal notice of application:
HOSL Combined planning application/deeds of residents presented to public inquiry November 2012