This request is for information relating to:
* The portion of verge of Higher Contour Road alongside Stoneleigh which was stated to be no longer maintainable at public expense and excluded on the Land Charges Map.
* The portion of verge and bank of Higher Contour Road now defined by the Title DN 705195 which was stated to be no longer maintainable at public expense by DCC Land Charges in 2017 after changes were made to the Land Charges map.
We request:
1. All evidence held by DCC that justifies the assertion that the land in question was not part of the land transferred by Totnes Rural District Council (Totnes RDC) to DCC under the Local Government Act 1929. (LGA 1929) Part 1 relating to the ownership of former Poor Law Land.
We are not aware that we have been specifically asked to consider whether the land in question was land transferred by Totnes Rural District Council (Totnes RDC) to Devon County Council (DCC) under the Local Government Act 1929. We have only been asked to consider whether the verge is highway maintainable at public expense
2. All evidence held by DCC that justifies the assertion that the responsibility for maintaining the highway in question, including the ‘highways wastes’ comprised within the highway and show as such within the Definitive Map (OS Map) valid at the time in question, was not part of the responsibility for highway maintenance transferred by Totnes RDC to DCC under the Local Government Act 1929. (LGA 1929) Part 3 Section 30 relating to the transfer of highway responsibilities.
Please see attached Highway Map provided by Totnes Dural District Council detailing the highway as shown blue on the plan. This is the extent of the highway in this area as recorded by Totnes Rural District Council at the time the highway function passed to DCC. This remains the case today
3. Copies of all correspondence between DCC and Kingswear Parish Council or Kingswear residents from 2000 to the present day concerning hazards presented by vehicles, boats and trees in the areas in question and of any discussion of responsibilities of DCC or the frontagers for removal of the hazards or maintenance of these areas.
We do not hold any correspondence with Kingswear Parish Council. The disclosure of any correspondence with Kingswear residents is exempt pursuant to section 40(2) of the Freedom of Information Act 2000. Any disclosure of personal information or information which would identify the individual concerned is contrary to the first data protection principle
4. All information, in whatever form, relating to the decision by the Council to exclude the verges, banks, pavements etc. from its obligation to maintain and repair the highway and the reasons for that decision.
* The date on which the decision was made and the officer and/or department of the Council who made the decision.
* All legal advice, whether in writing or otherwise regarding that decision.
* The schedule of delegated powers that was in operation at the date of the decision.
* The role of the Local Land Charges section in the above decision.
5. All documents and reports submitted to any Councillor, committee or subcommittee of the Council for any meeting of the Council or any committee or subcommittee of the Council or to any officer regarding the decision of the Council or any of its officers to exclude the verges and banks from the Council’s duties to maintain and repair the said verges and banks as part of the highway.
In response to both questions 4 and 5, it is simply the case that DCC has continued to record and maintain the HMPE as per the maps provided by the district. The land in question has not been maintained as HMPE or considered to be HMPE since DCC became the highway authority. Therefore no ‘decision’ has been taken by DCC and we therefore do not hold the information requested.