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GateGate and SignGate...

Discussion in 'Hull City' started by Chazz Rheinhold, Sep 29, 2017.

  1. Obadiah

    Obadiah Well-Known Member

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    I'm not an expert on Highway law but a quick read of the relevant section seems to indicate its a fairly simple process.

    This is what it says

    "26.-(1) Where it appears to a local authority that there is need for a footpath or bridleway over land in their area and they are satisfied that, having regard to- (a) the extent to which the path or way would add to the convenience or enjoyment of a substantial section of the public, or to the convenience of persons resident in the area, and (b) the effect which the creation of the path or way would have on the rights of persons interested in the land, account being taken of the provisions as to compensation contained in section 28 below, it is expedient that the path or way should be created, the authority may by order made by them and submitted to and confirmed by the Secretary of State, or confirmed by them as an unopposed order, create a footpath or bridleway over the land."

    As owners of the land they could attach their consent.

    The Secretary of State then consults before making a decision. No doubt the SMC will object although I don't see any grounds that they can. The SMC has not objected to public access for 15 years. The original lease (by default and custom and practice, if not explicitly) made them responsible for the costs of cleaning up after the public so there would be no compensation due.

    The footpath gives the residents of East Hull, the town centre and Spring Bank safe and easy access to a public park. I would say that satisfies the conditions imposed by the Act.

    Such an order would give the public a right of way to use the footpath. The Secretary of State can limit the extent of this right of way if he or she so desires.

    All it takes is for Brady to send the application to the Secretary of State. I'd be surprised if they needed any more than a day to prepare the application. Waiting for Brady to say yes may take a lot longer.
     
    #481
  2. Trumpton Tiger.

    Trumpton Tiger. Well-Known Member

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    No Chazz, HCC have back tracked and accepted the deal that was on offer to them last week. I could tell you who offered to pay for manning it for the duration of the Fair but no-one would believe me.
     
    #482
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  3. originallambrettaman

    originallambrettaman Mod Moderator
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    Still having problems reading statements then...
     
    #483
  4. Trumpton Tiger.

    Trumpton Tiger. Well-Known Member

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    And I keep repeating, believe what you like. That facts are this offer was on the table last week, and HCC didn't take it because if they did they are accepting that there is a need for the gate in the first place. Swallow all the spin you like. HCC have back tracked on this. But you don't want to hear that do you ?
     
    #484
  5. originallambrettaman

    originallambrettaman Mod Moderator
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    I believe a HCC statement rather than an SMC one, or the word of an Allam mouthpiece.
     
    #485
  6. Trumpton Tiger.

    Trumpton Tiger. Well-Known Member

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    As I keep repeating, believe what you like. And for the record I am no-one's mouth piece and I consider that an insult of which you are rather good at handing out but not so good at receiving.
    Are you HCC's mouth piece ?
     
    #486
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  7. Chazz Rheinhold

    Chazz Rheinhold Well-Known Member

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    You obviously don't live in hull if you believe what our council says.
    I'd read it again they haven't paid out they've agreed to indemnify if there's damage to the kcom and surrounds. So as Phil says the have taken the deal offered.
     
    #487
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  8. originallambrettaman

    originallambrettaman Mod Moderator
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    You know perfectly well I don't live in Hull. <doh>
     
    #488
  9. Trumpton Tiger.

    Trumpton Tiger. Well-Known Member

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    How did you vote in the boundary vote ? Did you vote to become part of a Greater Hull like the other 10 % of the ER residents ?
    For the record, I did.
     
    #489
  10. originallambrettaman

    originallambrettaman Mod Moderator
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    I didn't get a vote, but I would have done.
     
    #490
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  11. AlRawdah

    AlRawdah Well-Known Member

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    The process to designate a public highway takes several years. I would imagine the Rights of Way Officer would be the one to write to the Secretary of State, not the council leader.
     
    #491
  12. Obadiah

    Obadiah Well-Known Member

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    The council wouldn't be creating public highway but a public footpath on their land. The Rights of Way Officer may sign it but I don't think he or she will do it without the leader's agreement.
     
    #492
  13. AlRawdah

    AlRawdah Well-Known Member

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    You’re right, I meant to say footpath, not highway. My mistake. It still takes years though.
     
    #493
  14. Obadiah

    Obadiah Well-Known Member

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    I've just had a look at some cases and you may well be right. The earliest decision were objections were received was about 11 months from the Council making the order to it being approved by the Planning Authority.
     
    #494
  15. Chazz Rheinhold

    Chazz Rheinhold Well-Known Member

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    Looks like hdm have disabled the comments section on the article. Very poor that.
     
    #495
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  16. Barchullona

    Barchullona Well-Known Member

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    Ever since the HDM came under the Trinity Group which owns the Mirror all sorts of threads are closed or comments deleted. Especially when someone mentions their poor journalism or spelling or if anything non PC regarding attacks and lack of descriptions of the attackers etc...
    Almost as bad as any mention of Polly Toynbee's Italian villa disappearing on the Grauniad site.
     
    #496
  17. The Omega Man

    The Omega Man Well-Known Member

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    The application is made to the local authority and only when there are objections it goes to the Secretary of State.
     
    #497
  18. Dills double deckers

    Dills double deckers Well-Known Member

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    When was this vote. Never heard of it. For the record me and my dad would of voted for a Greater Hull as would a lot of my mates.
     
    #498
    Last edited: Oct 8, 2017
  19. Trumpton Tiger.

    Trumpton Tiger. Well-Known Member

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    I'm sure it was last year organised by East Riding County Council. It was quite a big deal at the time. The result was 90% to remain as they are.
     
    #499
  20. Barchullona

    Barchullona Well-Known Member

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    If DDD and his dad live in Hull he won't have been offered a vote on the matter. How people could not have voted for the likes of .Geraghty and Brady in charge of thir affairs is indeed a mystery.
     
    #500

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