Purpose

The County Council is considering a proposal to formally close an area of highway known as Ellen Street, Preston, on the grounds that the highway concerned is unnecessary for public use. 

This is following an application to the County Council as the local Highway Authority to request the Authority to make an application to the Court for the public highway to be stopped up under Section 116 Highways Act 1980.

The request has been received from the proprietor of 31 Garstang Road Preston regarding the area of highway shown hatched in red on the plan attached at Appendix 1

The section of highway lies between No 31 and Nos 33-39 Garstang Road, Preston.  No 31 is a locksmiths shop and Nos 33-39 is a private nursery. No 31 has a rear door and rear yard door exiting onto the area. The nursery school has no direct access onto the area.

The area of highway has a prohibition of driving traffic regulation order introduced in Sept 1989, with the footway continued across the junction closing off vehicular access.

The area is landscaped in flag paving with tree pits providing environmental enhancement however over time the area has failed to be maintained with the small trees vandalised and removed allowing the area to be overgrown by weeds and becoming an unsightly feature. The area of highway is therefore serving little purpose-highway benefit and is considered unnecessary. Pictures attached at Appendix 2.

In the event that any application to the Court for the stopping up of the highway is successfully received the existing TRO will need to be rescinded and the illuminated traffic signs removed. In this respect the applicant is aware that all the costs associated with the stopping up application and the accompanying works (rescind the TRO and removal of the traffic signs) will need to be met by the applicant.

Furthermore, there is an existing road gully located within the area which will applicant will be obliged to take over ownership and maintenance.  United Utilities also have apparatus in the area ie manhole (head of a foul sewer system) and a hydrant, and which they will continue to have access to under their powers.

Initial consultation with relevant organisations and statutory undertakers

(Feb 2025) has been completed in line with the council's procedures. No objections have been received to date.

Decision

Peter Bell, Highway Regulation Manager, has taken a decision to approve Stopping up of Highway Section 116 Highways Act 1980 - Part of Ellen Street, Preston.