D51 Earystane Road (Colby) temporary closure ref RC0181

Summary

A request was made for all correspondence regarding the D51 Earystane Road temporary closure since October 2011, resulting in the disclosure of some information while parts were withheld under exemptions. The released documents include emails discussing a Public Path Order, reasons for relocating a highway due to anti-social behavior, and the removal of a specific area from the Isle of Man Outdoor Leisure Map.

Key Facts

• The Department of Infrastructure confirmed that the area discussed in the emails has been removed from the next edition of the Isle of Man Outdoor Leisure Map.
• Reasons cited for moving the highway include cars parking in a front garden and incidents involving a man allowing his dog and children to run free on the property.
• The applicant is proceeding with an application for a Public Path Order to establish a new route.
• The response included 5 documents totaling 179 pages.
• The request covered information created on or after 11 October 2011.

Data Disclosed

• 11 October 2011
• 2021-06-15
• 2021-07-06
• 30 April 2021
• 29 April 2021
• 26 Apr 2021
• 22nd July 2020
• 23rd July 2020
• 179 pages
• 5 documents
• D51
• RC0181
• IM1 2RF
• 01624 686922

Original Request

Please supply copies of all information and correspondence relating to the D51 Earystane Road (Colby) held by the department created on or after 11 October 2011.

Data Tables (7)

Full Response Text

Appendix 1

Appendix 2

Appendix 3 1 From:

Sent: 30 April 2021 20:13 To:

Cc:

Subject: RE: Ballacannell - Earystane

It was good to meet up and discuss options yesterday.    Thank you for your comments below.    I checked with the Mapping Team and the area you spoke about has been removed from the next edition of the Isle  of Man Outdoor Leisure Map.    Please remember to apply for the temporary diversion.     https://www.gov.im/categories/travel‐traffic‐and‐motoring/apply‐for‐a‐road‐closure‐or‐traffic‐restriction/    Have a lovely long weekend.    Kind regards  Highway Records Officer Highway and Asset Management Highway Services Department of Infrastructure  Sea Terminal Douglas Isle of Man  IM1 2RF

Telephone: 01624 686922 E-mail:

DOI, Searches: searches@highways.gov.im       Please consider the environment – only print this e‐mail if you really need to. Thank you.      2525252525252525252525252525252525252525252525252525252525252525252525252525252525252525252525252525 2525252525252525252525252525252525252525252525252525252525252525252525252525252525252525252525252525 2525252525252525252525252525252525252525252525252525252525252525252525252525252525252525252525252525 2525252525252525252525252525252525252525252525252525252525252525252525252525252525252525252525252525 2525252525252525252525252525252525252525252525252525252525252525252525252525252525252525252525252525 2525252525252525252525252525252525252525252525252525252525252525252525252525252525252525252525252525 2525252525252525252525252525252525252525252525252525252525252525252525252525252525252525252525252525 2525252525252525252525252525252525252525252525252525252525252525252525252525252525252525252525252525 2525252525252525252525252525252525252525252525252525252525252525252525252525252525252525252525252525 2525252525252525252525252525252525252525252525252525252525252525252525252525252525252525252525252525 2525252525252525252525252525252525252525252525252525252525252525252525252525252525252525252525252525 2525252525252525252525252525252525252525252525252525252525252525252525252525252525252525252525252525 2525252525252525252525252525252525252525252525252525252525252525252525252525252525252525252525252525 25252525 25 2525 2525252525252525252525 2525252525252525252525 2525252525252525252525 2525252525252525252525 2525252525252525 2 From:

Sent: 29 April 2021 14:50 To:

Cc:

Subject: Re: Ballacannell - Earystane

Caution: This email is from an external sender. Please take care before opening any attachments or  following any links.   Hi

Thanks for coming up this morning to go through the Public Path Order. Your help is appreciated, and we're glad you are on the same page :) We're looking forward to getting this concluded.

We were just discussing a few topics here about some of our reasoning to move the highway to its new route. These may help in any discussions you have with others, although we are happy to help discuss with any parties you refer to us if you think this would help matters.

1) Horses The footpath from our property going North on the Scard loop does end up at a stile when it reaches the Bee & Blossom farm. So whilst a horse and rider might be incorrectly using the footpath, they can't actually go very far. As we stated, it is more likely if any horses are seeking access across our property they would need to have permission from the farmer to cross the fields, and hence they would have access through the surrounding fields to avoid traversing our property.

2) Reasons to move the highway:
a) We have had cars park in our front garden (at the end of the highway) whilst their owners go for a walk.
b) There was an incident of a man who used to walk to the end of the highway and let his dog and kids run free. Since erecting our site fencing (for building insurance) we have arrived on site to find him at the back of our property again with his dog and kids.
c) There have been other cases of people taking liberties with the vacant property, and really this is best avoided as it becomes our residence. Particularly as there are no boundaries on the current route.

This is one of the reasons we decided to move the footpath, as unfortunately there are those who don't wish to abide by the rules. We hope this might help persuade those who object as it's not necessarily about them, it's about other users who may be less respectful.

Please let me know if you need anything from us to support the Public Path Order, and again we appreciate your help with these matters.

Thanks

On Mon, 26 Apr 2021 at 21:55,

Hi

Regarding your email. We have two items we wish to review with you:

1) Establishment of a Public Path Order. I was of the understanding from email below of 22nd July 2020, is that there is no footpath across our property as it doesn't exist as a PROW. He was recommending we apply for a Public Path Order on the now established route. My enclosed letter of the 2 5 2525252525252525252525252525 25252525 2525 252525 2525252525252525252525252525252525 2525 252525 3 23rd July 2020 detailed our request for this to be established. We would therefore like to continue proceeding with this Public Path Order.

2) Designation as a highway - We wish to proceed with an application to extinguish the highway because it ends directly in front of our property and doesn't go anywhere. We had approached yourself

originally to discuss extinguishing the highway due to a planning application, he assured us it didn't serve a purpose and your department didn't have interest in maintaining our driveway. It would be much easier to review this with you on site.

Thanks

My colleagues and I have pored over various mapping sources in respect of this path diversion.

In short we are content that there is currently no requirement for an application to temporarily divert this footpath. To a large part this is because it is not currently a formally identified Public Right Of Way (PROW), albeit from what I can identify it is a long established path to which the public have enjoyed access.

Accordingly there is no requirement, or indeed legal process, to apply for a diversion of this path and I will not be processing the application you made to that end.

the deliberations that have taken place yesterday and today and the process recommended is that you apply to her in writing for the creation of a ‘Public Path Order’ this would formalise the route that you have identified as a PROW and would appear on mapping as such.

This does not prevent the use of the diversion you applied for with immediate effect as you have already identified to me that you have the consent of the land owner (the MUA).

If I can assist with anything further then by all means please come back to me;

Kind regards

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On Mon, 26 Apr 2021 at 20:41,

Hi

Thanks for the email and update. I think it would be best to meet on site.

Would it be possible to meet this Thursday 29th April? We are free all morning up until 14:00. Let me know if this time works for you.

Thanks

On Mon, 26 Apr 2021 at 18:06,

Good afternoon

I must apologise for your long wait.

At the meeting on Friday 23 April it was decided that the lane is correctly shown on the Highway Record Map as the D51 and is ‘highway maintainable at public expense’. As such please could you re-submit in an application for a temporary diversion.

We have had queries about access through the site would this be something you can make available to your neighbours?

We can now proceed with your application for a diversion and it would be helpful if we could arrange a meeting between me, yourselves and the Highway Asset Engineer, . We can either meet here, or meet on site. It is entirely up to you. Please let me know what you would like to do and when a meeting will be possible.

Kindest regards

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Highway Records Officer Highway and Asset Management Highway Services Department of Infrastructure Sea Terminal Douglas Isle of Man IM1 2RF

Telephone: 01624 686922 E-mail:

DOI, Searches: searches@highways.gov.im

 Please consider the environment – only print this e-mail if you really need to. Thank you.

Isle of Man. Giving you freedom to flourish

WARNING: This email message and any files transmitted with it are confidential and may be subject to legal privilege. You must not copy or deliver it to any other person or use the contents in any unauthorised manner without the express permission of the sender. If you are not the intended addressee of this e-mail, please delete it and notify the sender as soon as possible.

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