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Appeal 01
WILDLIFE AND COUNTRYSIDE ACT 1981, SECTION 53 AND SCHEDULE 14.
Appeal to the Secretary of State
Paragraph 8 - Grounds of appeal - Beaconsfield Road, Kessingland, Suffolk.
1. The decision to lodge this Appeal was taken after a Resolution passed by the Full
Parish Council on the 10th September 2003. The issue of Beaconsfield Road and how it fits into the local traffic infrastructure has been an issue for a number of years.
2. It will be seen from the evidence forms, to access their properties and the holiday sites residents and holidaymakers had a choice of two ways to enter Green Lane, the first from Wash Lane via Beaconsfield Road, and the second from Church Road direct into Green Lane, at a very narrow and dangerous junction.
3. Therefore everybody used Beaconsfield Road as it was the safer route and that?s how it has been used since the early 1900?s, when net sheds were sited near to the beach and horse and cart and later lorries would deliver the nets.
4. As Kessingland developed with additional housing and the holiday sites, nothing changed in the manner in which Beaconsfield Road was used, traffic still used it between Wash Lane and Green Lane. The traffic problem of Beaconsfield Road first became an official problem in 1986.
5. From Parish Council records it would appear that on the 26th September 1986, Suffolk County Council was writing to confirm issues raised a site meeting between County Council officials and Councillors from the Parish Council. At this site meeting it was stated that the junction with Green Lane and Church Road has sub-standard width and visibility, and those present fully understood the reasoning behind making a one-way system utilising Beaconsfield Road.
6. However, there were matters to be considered, one of which was consulting with those residents in Beaconsfield Road whose property fronted what at that time was still a private road with only a public right of way on foot. This is because Footpath 15 ran along the same line as the road, and up to this time there were no objections as to the use of Beaconsfield Road.
7. Most of the roads in this older part of the village by the Beach are not fully constructed road surfaces, and may be private roads. The most notable is Beach Road, which runs from Church Road to the Park Resorts Holiday Park. This services two caravan sites and residents. The point being made here is that although the road may be private, the public are allowed access otherwise holiday businesses would suffer.
8. The County Council letter actually states that the cost of making up the road would be £30,000, the cost to be borne by those living in Beaconsfield Road. Apart from the Parish Council reply dated the 11th October 1986 and the acknowledgement card from Suffolk County Council, nothing else appears on record. Whether it was lack of effort from those making the decisions on the Parish Council at the time or there was additional correspondence, which the Parish Council have since lost.
9. Another 7 years go by with Beaconsfield Road still being used by residents and holidaymakers with no problems. Then around June 1993 the resident of 9 Beaconsfield Road, a Mrs HARRIS, had bollards erected across Beaconsfield Road.
10. The copy fax from John ELLIOTT to Glyn ROBERTS, Mr Elliott is still employed by Suffolk County Council, started off the procedure under Section 53(5) of the Wildlife and Countryside Act to get the definitive map changed.
11. At this point the Parish Council under the guidance of the Parish Clerk started to collect evidence to support their application under Section 53[3].
12 Out of the original 10 Evidence Forms submitted, 3 are from people still living in the village, 1 has moved out of the area, 1 is an absentee holiday home owner and 5 are deceased, but their evidence forms, if they can be relevant, should still be used.
13. Those evidence forms show that it would appear from everybody?s recollection, Beaconsfield Road was used by vehicles and horse and cart as early as 1920. The witness Stella KNIGHTS (deceased) remembers it all her life as being used by all road users, particularly those using the Net and Boat Sheds near the beach.
14. The witness Mr. J. SAYWACK (deceased) again remembers Beaconsfield Road being opened to all traffic, his recollection starts in 1934. The witness Mr B, BIRD (deceased) was born in Kessingland in 1909 and remembers all his life that Beaconsfield Road was open to all traffic.
15. Of the witnesses still alive, only one Mrs J.ABLE could be classified as still willing to give evidence, in fact in the later gathering of evidence, she is again one of the witnesses. She is also a Parish Councillor. Mr R. WAKE although still alive is now aged 91 years and would not be able to add anything else other that what is on his evidence form.
16. Both witnesses give evidence of Beaconsfield Road being open to all traffic, in Mr. WAKE?S case from 1973, in Mrs ABLE?S case from 1965.
17. All the evidence forms were submitted on the 14th February 1994, the bollards having been erected in June 1993. A notice under Schedule 9, Certificate of Service Notice of Application for Modification Order was served on the residents of Beaconsfield Road, the certificate being dated 28th April 1994.
18. The next date that there appears to activity on this subject is the 4th August 2000; 6 years 4 months after the Parish Council submitted the Modification Order Certificate.
19. There is an indication that the residents of Beaconsfield Road and those people who had completed evidence forms received a letter dated the 4th August 2000 from Suffolk County Council.
20. For those completing the evidence forms it was enquiring about their availability for a Public Enquiry, should one be required to resolve the matter? Whatever the letter to the residents said, the Parish Council were never given a copy. The Parish Council did receive copies of three letters from Beaconsfield Road residents out of 14 who were on the Modification Order Certificate, so what did the other 11 residents say in response to their letter?
21 Of the letters we have seen there is no historical evidence about Beaconsfield Road, one person Mr. PALMER has been resident since 1995, the bollards were laid down by one of the other witnesses, Mrs Julie HARRIS in 1993.
22. Mrs HARRIS in her letter about Beaconsfield Road appears to be using it to question the integrity of Mrs Janet ABLE who is a Parish Councillor and a resident of Green Lane.
23. To deal with Mrs HARRIS?s letter, the Parish Council would urge those who are going to look at this appeal to visit the area that we are talking about. It is impossible for vehicles to travel too fast over such a short distance, a claim made in the opening sentence of her letter. Regarding the width of ?our road? which is only wide enough for a single track, the width would be suitable for being used as part of a one-way system - Green Lane into Beaconsfield Road. The reference to the hedgerow is a leylandi hedge which the owner has been told by Waveney District Council to remove.
24. What these residents make no mention of when talking about road safety as to how this option would benefit the remainder of the community and holidaymakers using the roads around this location.
25. The question of Footpath 15, I doubt whether the residents of Beaconsfield Road were aware that it existed until it was made known officially at this stage when the Parish Council were trying to get the definitive map changed.
26. Also submitted to the County Council in September 2000 was a letter received from Mr. Alan BAGLEY, which enclosed some documents, which are considered to be relevant to show the period over which Beaconsfield Road was used as a road accessing property that was then located by the beach.
27. From a copy of the Indenture dated 4th January 1884 when a property called Manor Farm was sold, part of the sale included the ?Rights of Way? which were two roads shown on a map. One of those roads is now called Coastguard Lane; the other is called Beaconsfield Road.
28. This was the evidence and documentation submitted by the Parish Council to Suffolk County Council?s solicitors in September 2000. Nothing was to be heard until June 2003.
29. In the interim period, it became noticeable to the Parish Council that there was an ever-increasing safety problem with the increase in the volume of traffic and holidaymakers. Certain parts of Kessingland appeared to be hiding potential accident black spots.
30. The Parish Council undertook their own traffic survey around Kessingland during the summer of 2001 and a copy of the report was forwarded to Suffolk County Council, Traffic Management Dept., - David CHENERY. This was to be the start of Kessingland?s Traffic Plan supported by Suffolk County Council,
31. Part of the plan obviously concerned the accident black spot Church Road / Green Lane. All those people who were asked about this stated that Green Lane should be made one-way, entering from Church Road and exiting via Beaconsfield road into Wash Lane.
32 At a public consultation over two days in November 2002 a large number of the community agreed that there should be a one-way system in that part of the village and that Beaconsfield Road should be part of that road scheme.
33. The results were retained by Mr. CHENERY?s department and when the consultation process was complete the Parish Council were informed that this was one of the priorities of the Traffic Plan, because of the dangerous junction Church Road / Green Lane, and as such would be in the final traffic document.
34. In June 2003 the Parish Council received from Suffolk County Council Solicitors Office a letter enclosing a draft report, based on the original application to have changes made to the definitive map.
35. The letter stated that the draft report had been made public, indicating that the claim was likely to be rejected on the basis of the available evidence. The Council never saw this report. The letter carries on to say the draft report was never finalised, pending the completion of separate studies of traffic in Kessingland.
36. Because the Parish Council had not seen the report issued in 2001, we wanted time to study the report and speak to the County officials dealing with the Traffic Plan. The Council also wanted to attempt to gain further evidence as some of the previous witnesses had died.
37. The report states at the outset that the Councils application be rejected because the evidence was considered insufficient to raise even a reasonable allegation that there are any rights higher than pedestrians rights.
38. On that basis the Parish Council decided to look for further evidence to support the case for changing the definitive map and making Beaconsfield Road a ?bye-way open to all traffic?.
39. A copy of the Parish Council?s reply dated the 15th August 2003 is attached together with the additional evidence obtained.
40. It is not intended to repeat what is already in the Council?s report, but some parts need to be highlighted in respect of the appeal.
41. The witness Mr. KNIGHT in his evidence form can state that he personally used the route along Beaconsfield Road for about 23 years, prior to the bollards being erected. He also attached a map, which shows Beaconsfield Road, before development took over, extending from Wash Lane to Green Lane. This is how most of the residents and holidaymakers, using the chalets on the cliffs, remember the route.
42 The witness Mrs BROWN has knowledge of Beaconsfield Road being used by vehicular traffic up to the time the bollards were put in place. She states she contacted two local government departments, one at Ipswich, the other at Lowestoft. It was somebody at Waveney District Council in Lowestoft who told her that Beaconsfield Road had been open to all traffic for at least 20 years, without signs or notices being put in place to stop traffic using Beaconsfield Road.
43. The witness Mr RANDALL has been visiting Kessingland since 1973 and now owns a chalet on Seaview Holiday Park. He maintains that he has always used Beaconsfield Road up to 1993, and even today if anybody does a route check into the holiday camp via the Internet [Multi map] - Beaconsfield Road is shown on the map and also in the directions of where to go.
44. The point raised in Mrs Brown?s evidence form about 20 years uninterrupted use was looked into. It appears that this is a direct reference to the Highways Act 1980 Section 31, which is mentioned in the Parish Council?s reply.
45. The Parish Council would argue that there is plenty of evidence to show that Beaconsfield Road has been enjoyed by the public as a right without interruption for a full 20 years and more, and therefore should be deemed to have been dedicated as a highway.
46. When reading the County Solicitors letter dated the 19th August 2003, it is quite clear that another interpretation was put on the reference to Section 31. The Parish Council still maintain that their interpretation is quite clear and that there is in excess of 20 years use.
47. Another point in the letter dated the 19th August states the earliest reference to vehicle access is 1964, I would refer the reader of this report to paragraphs 13 & 14, which takes the use back to the beginning of the last century.
48. It would seem that nothing is allowed for in considering the facts and reasons behind the Parish Council?s application to change the definitive map and have Beaconsfield Road designated a ? bye-way open to all traffic?.
49. For a number of years now it is apparent to anybody reading through these papers that Beaconsfield Road was up to 1993 being used by the Community and holidaymakers alike, without anybody taking exception or making complaints about its use.
50. The reference in the letter dated 19th August 2003 to offences under the Road Traffic Act, speaking to the local community nobody has ever been prosecuted for driving along Beaconsfield Road. This surely indicated that to the local Constabulary, the use of Beaconsfield Road was accepted for what it was a ? road open to other road users?.
51. Apart from the Parish Council?s determination to persuade the Authorities that the opening of Beaconsfield Road is in the Community interest for a safer Kessingland, there are other factors to be added to the grounds to get Beaconsfield Road open.
52. This part of Kessingland is one of the oldest parts of the village and as such the infrastructure upon which the village has developed is now getting old and worn out. By that we are talking about water, sewerage, electricity, gas and other public utilities.
53. It has recently been brought to the attention of the Parish Council, that Anglian Water, who are responsible for the sewerage around Kessingland, have a substantial amount of remedial work to carry out in the village.
54. One of the areas that require a complete overhaul is sewerage, and Green Lane is one area where the system is in a state of collapse. It is Anglian Water?s plan to replace about 100 metres of main sewerage pipes starting at the junction with Church and travelling north.
55. The Chairman of the Parish Council having spoken to Anglian Water has had this confirmed; the other areas are Beach Road, Church Road and Coopers Drive.
56. What is disturbing about the Green Lane location is that the work will effectively lock in those residents who live an that area and have to gain access to Green Lane, to gain access to the rest of the village. According to Anglian Water this work could take up to 2-3 months, as it needs replacing deep sewers and reconnecting to residential properties.
58. Apart from the traffic spot at the junction of Church Road, Green Lane was always exposed to potential danger with residents being unable to get out of the area, which also means emergency services cannot get in.
59. This is another problem brought about by the placing down of the bollards and closing Beaconsfield Road. The need to re-define the definitive map in the favour of the Parish Council?s request and for the good of the Community is essential.
60. If the Parish Council fail in this attempt to appeal the decision about the right of way, Kessingland?s Traffic Plan cannot be fully implemented and if the sewers cannot be replaced Anglian Water stated they will just wait until they collapse.
61. Beaconsfield Road unfortunately runs along part of Footpath 15, but has been used as a road in excess of 80 years until the bollards closed off the road. Common sense is all that is asked for by whoever reads this report and has to make a decision. The Parish Council request that the whole picture be looked at and not that just of the legislation covering footpaths. It was this near sighted, unbending rule which the County Solicitors advised to the Rights of Way Committee which turned down the Parish Cou/SPAN>
62. Kessingland Parish Council take the view that they have done everything in their power to try and get the definitive map changed. It is something that dragged on for perhaps too many years. The modern day pressures put on the infrastructure of a village like Kessingland mean that every possibility should be looked at to benefit the Community as a whole.
63. The Parish Council request that the Secretary of state takes a realistic view and does what is best for the residents of Kessingland - grant the appeal and make Beaconsfield Road / footpath 15 a bye-way open to all road users.
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