Session 2014 - 15
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53

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Monday 9 June 2014

 

For other Amendment(s) see the following page(s) of Supplement to Votes:

 

31-52

 

Consideration of Bill


 

Deregulation Bill, As Amended


 

Mr Brooks Newmark

 

NC17

 

To move the following Clause—

 

“Presumed diversion of intrusive public rights of way in limited circumstances

 

In section 119 of the Highways Act 1980, after subsection (6A), insert—

 

“(6B)    

 

(1)    

Where a path or way passes through the curtilage of a residential

 

dwelling including the gardens and driveways of the premises, a

 

working farmyard or forestry yard or other operational business

 

or working industrial premises—

 

(a)    

subsections (6) and (6A) above shall not apply; and

 

(b)    

the Secretary of State or council shall confirm a public

 

path diversion order unless he, or as the case may be,

 

they are satisfied that the privacy, safety or security of

 

the premises are not adversely affected by the existence

 

or use of the path.

 

(2)    

Where the premises have been unlawfully extended to

 

encompass the path or way subsections (1)(a) and (1)(b) above

 

do not apply.

 

(6C)    

In exercising the powers under this section, the Secretary of State and the

 

council shall have particular regard to the presumption that public rights

 

of way or highways should not pass through the curtilage of residential

 

premises including the gardens and driveways of the premises, a working

 

farmyard or forestry yard or other operational business or working

 

industrial premises.””

 

Member’s explanatory statement

 

This new Clause will facilitate statutory guidance to allow for the diversion of rights of way to pass

 

through domestic or business premises on the grounds of privacy, safety or security


 
 

Notices of Amendments: 9 June 2014                     

54

 

Deregulation Bill, continued

 
 

Mr Brooks Newmark

 

NC18

 

To move the following Clause—

 

“Presumed extinguishment of intrusive public rights of way in limited circumstances

 

In section 118 of the Highways Act 1980, after subsection (6), insert—

 

“(6A)    

Where a path or way passes through the curtilage of a residential

 

dwelling including the gardens and driveways of the premises, a working

 

farmyard or forestry yard or other operational business or working

 

industrial premises a council shall make and the Secretary of State or the

 

council shall confirm an order stopping up a path or way unless he, or as

 

the case may be, they are satisfied that—

 

(a)    

the privacy, safety or security of the premises are not adversely

 

affected by the existence or use of the path; or

 

(b)    

it is possible to divert the path or way such that the privacy,

 

safety or security of the premises are not adversely affected by

 

the existence or use of the path; or

 

(c)    

the path or way provides access to a vital local service or amenity

 

not otherwise reasonably accessible.

 

(6B)    

In exercising the powers under this section, the Secretary of State and the

 

council shall have particular regard to the presumption that public rights

 

of way or highways should not pass through the curtilage of residential

 

premises including the gardens and driveways of the premises, a working

 

farmyard or forestry yard or other operational business or working

 

industrial premises.””

 

Member’s explanatory statement

 

This new Clause will facilitate statutory guidance to allow for the extinguishment of rights of way

 

that pass through domestic or business premises on the grounds of privacy, safety or security if a

 

diversion is not possible and the right of way does not provide access to a vital local service or

 

amenity not otherwise accessible

 

Mr Brooks Newmark

 

NC19

 

To move the following Clause—

 

“Presumed extinguishment of intrusive byways open to all traffic in limited

 

circumstances

 

In section 116 of the Highways Act 1980, after subsection (1), insert—

 

“(1A)    

Where a byway open to all traffic passes through the curtilage of a

 

residential dwelling including the gardens and driveways of the premises,

 

a working farmyard or forestry yard or other operational business or

 

working industrial premises it is presumed that diversion of the highway

 

so that it does not so pass will make the path more commodious and that

 

the highway is unnecessary unless the court is satisfied that—

 

(a)    

the privacy, safety or security of the premises are not adversely

 

affected by the existence or use of the path; or

 

(b)    

the path or way provides access to a vital local service or amenity

 

not otherwise reasonably accessible.

 

(1B)    

In exercising the powers under this section, the authority and the court

 

shall have particular regard to the presumption that a byway open to all


 
 

Notices of Amendments: 9 June 2014                     

55

 

Deregulation Bill, continued

 
 

traffic should not pass through the curtilage of residential premises

 

including the gardens and driveways of the premises, a working farmyard

 

or forestry yard or other operational business or working industrial

 

premises.

 

(1C)    

A “byway open to all traffic” means a highway over which the public

 

have a right of way for vehicular and all other kinds of traffic, but which

 

is used mainly for the purposes for which footpaths and bridleways are

 

so used.”.”

 

Member’s explanatory statement

 

This new Clause would create a presumption that byways open to all traffic should be diverted so

 

as to pass through residential or business premises unless the byway does not impact on the

 

privacy, safety or security of the premises, or provides access to a vital local service or amenity

 

not otherwise accessible

 


 
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Revised 10 June 2014