Please provide the following information:
1. Highway adoption status
a. Whether Old Road and The Green are highways maintainable at public expense
b. If only part is adopted, please specify the extents.
In response to questions 1a and 1b, our records show that Old Road is recorded as a highway maintainable at public expense (HMPE). We have been unable to locate “The Green” in our records.
2. Road classification
a. The official road classification (A, B, or unclassified)
Old Road and “The Green” are unclassified roads.
b. Any historic changes to classification.
We have no record of any historic changes to their classification.
3. Highway boundary / legal extent
a. The legal width of the highway.
Devon County Council does not hold this information.
b. Whether verges, banks, footways, or grassed areas form part of the highway.
In response to questions 3a and 3b we can provide this plan.
Our records show that the roads and footways coloured brown are recorded as highway maintainable at public expense. A Public Footpath coloured purple on the plan is shown on the Definitive Rights of Way Map. This is an indication of what the Council to believes to be a HMPE at this location.
4. Rights of way status
a. Whether any part of Old Road or The Green is recorded on the Definitive Map and Statement.
No
b. Any public rights of way crossing or adjoining these roads.
Information on the Definitive Map and Statement is available to view on the Devon County Council website at The Definitive Map and Statement – Public rights of way.
Old Road connects to two public footpaths (Brixton Footpath 9 to the east and Brixton Footpath 24 to the west) – an extract from the online digital ‘working map’ is inserted below.
In addition, Old Road is part of the route for the King Charles III England Coast Path National Trail at times when the seasonal passenger ferry across the Yealm is not operating (River Yealm Alternative Route)
(ref. King Charles III England Coast Path: Cremyll to Kingswear – GOV.UK).
Additional Information is available via this Map and Legend.
5. Traffic Regulation Orders (TROs)
a. Any TROs affecting Old Road or The Green (speed limits, parking restrictions, access restrictions, etc.).
All Traffic Regulation Orders are available from the website https://trafficorders.devon.gov.uk/
By entering “Brixton CP” into the search for “Parish/Ward”, all TRO’s for Brixton will be shown.
In addition, the website https://devon.traffweb.app/traffweb/1/TrafficOrders can be searched to identify any waiting restrictions.
6. Maintenance history
a. Records of resurfacing, repairs, drainage works, or planned maintenance.
This information can be viewed on this DCC webpage.
Please note that some information has been redacted, and this is because this information is exempt from disclosure under Section 40(2) of the Freedom of Information Act 2000 (Personal Data).
Devon County Council can confirm the requested information is held; however, the Council cannot disclose personal information if releasing it would contravene any of the provisions in the UK General Data Protection Regulation. In this instance release of this information would contravene Principle (a) – Lawful, Fairness, and Transparency – of the UK GDPR and therefore the information is withheld.
7. Historic highway records
a. Any historic adoption plans, stopping-up orders, or diversion orders relating to these roads.
In response to question 7a, we can provide this historic map.
According to our records the roads and footways coloured blue, red and yellow are recorded as highway maintainable at public expense. This is an indication of what the Council to believes to be a Highway Maintainable at Public Expense (HMPE) at this location.
We can confirm that there have not been any stopping up orders on Old Road.
For information the areas agreed with the Parish Council for no waiting at any time around the Green are shown on this combined document and is on the TRO request database for consideration.
8. Legal position regarding obstruction of the highway
a. Please confirm whether Old Road and The Green, if designated as public highways, fall under the protections of the Highways Act 1980 (including s.130, s.137, and s.137ZA).
b. If it is designated as a public highway (any classification). Please confirm whether it would be considered an offence or a contravention of highway law for any person to obstruct or block Old Road or The Green area with a vehicle, or to prevent other road users from passing through The Green area near PL8 2AW, or to block the area in any other manner, without lawful authority (for example, without a Traffic Regulation Order or a temporary road closure order).
Questions 8a and 8b are not requests for recorded information held within our systems and so we are unable to provide a response.