1. Since I understand both Sea Lawn and Riviera Terraces are ‘a street which is a highway but for which they (the local highway authority) are not the street authority.’ how can evidence be presented to Devon County Council so that the local highway authority are aware and can add this information to the Street Works Register? In other words, you say that residents have not presented evidence that the streets are highways, so what is the correct procedure for this? I cannot find any information on the council’s website which explains the process.
2. Has Devon County Council complied with the New Roads and Street Works Act 1991 in full? If yes, when and where can I view the street works register in its entirety?
3. Since Devon County Council has said that it cannot comment on whether a non-publicly maintainable street is a highway or a private access how can Devon County Council Highways be so sure it is a private access? What evidence does Devon County Council Highways have to support its claim that Sea Lawn and Riviera Terraces are not highways, when Devon County Council itself is not in a position to give this information? Furthermore, what evidence does Devon County Council Highways have to support its claim that Sea Lawn and Riviera Terraces are private access, when the public at large can pass and repass at any time, making them highways by definition?
4. As the junction or ‘private access’ serves 59 properties, there are over a 100 vehicle movements per day. What evidence does Devon County Council have to claim that this is not the case?
5. Since the A379/Sea Lawn Terrace junction or ‘private access’ has a kerbed entrance, what treatment does Devon County Council propose in order to change the perception of drivers turning into the ‘private access’ from that of continuing on the carriageway to that of crossing an area designated for pedestrians and cyclists? I cannot see that the current design Devon County Council is proposing addresses this issue.
Please find the response from Devon County Council available via the link below: