Notice of Intention to make a Gating Order

The Council intends to make the following order to gate the public alleyway beneath the bridge flat known as 70 Morris Croft, Smiths Wood.

SOLIHULL METROPOLITAN BOROUGH COUNCIL
NOTICE OF INTENTION TO MAKE A GATING ORDER
HIGHWAYS ACT 1980 SECTION 129A
FOOTPATH UNDER 70 MORRIS CROFT, SMITHS WOOD

Solihull Metropolitan Borough Council ("the Council") proposes to make an Order preventing anyone, other than those persons specified in the Order, from using the highway under the bridge flat known as 70 Morris Croft, Smiths Wood ("the highway") The length of highway effected by this order is 17 metres.

The Order will exempt emergency services personnel, statutory undertakers, utility providers and residents living directly adjacent to the route from the restriction.

An alternative route for pedestrians is via the footpath running at the front of 33-43 Austin Croft to link to Austin Croft carriageway pavements and from there following the footpath to the rear of those properties.

A copy of the Council's Statement of Reasons for making the Order, a copy of the Order itself and the Order plan may be inspected at Solihull Connect within Solihull Central Library and Arts Complex, Library Square, Touchwood, Solihull from 8.30am to 5.30pm Mondays, 9.00am (10.00am Wednesdays) to 5.30pm Tuesday to Friday and 9.00am to 1.00pm Saturday.

All enquiries to the proposed Order should be made to:

David Keaney
Transport Highways and the Environment,
Council House,
Solihull
B91 3QT

Telephone: 0121 704 6429

Email to dkeaney@solihull.gov.uk

A copy of this notice and other documents can be viewed by visiting the Council's website at http://www.solihull.gov.uk/consultation. Any objections to or representations about the proposed Order must be in writing and should be sent to Mr Keaney at the above address on or before 5 March 2007.

Katherine Kerswell
Chief Executive

DRAFT ORDER

Solihull Metropolitan Borough Council ("the Council") in exercise of its power under Section 129A (1) of the Highways Act 1980 ("the Act") and of all other enabling powers and being satisfied that the conditions set out in Section 129A (3) of the Act have been met hereby makes the following Order:-

1. Except as provided in Article 2 of this Order, no person shall use the public highway being the footpath beneath 70 Morris Croft, Smiths Wood ("the highway") at all times. The highway is indicated as a solid black line on the plan attached to this Order.
2. The restriction in Article 1 shall not apply to any police, ambulance or fire service personnel acting in pursuance of statutory powers or duties or to any statutory undertaker, gas, electricity, water or communications provider requiring access to their apparatus situated in the highway. The Restriction shall also not apply to the owner/occupier of 68 and 70 Morris Croft and the owner/occupier of 33 Austin Croft.
3. Barriers may be installed, operated and maintained at points A and B shown on the plan annexed to this Order and at each end of the highway. The Council's Neighbourhood Management team will be responsible for maintaining and operating any gates and keys. Their contact telephone number is 0121 704 6429.
4. The Order will be reviewed annually and will not affect the status of the footpath.
5. The Borough Council has identified an alternative route via the footpath running at the front of 33-43 Austin Croft to link to Austin Croft carriageway pavement and from there following the footpath to the rear of those properties, indicated on the attached plan by a heavy broken black line.