Decision details

North Yorkshire Council intends to adopt approximately 30m2 of unregistered land to the northeast of Foregill Bridge for highway purposes pursuant to section 228 of the Highways Act 1980. The land is to be used to widen the bridge and access the bridge for general inspections and maintenance.

A scheme is underway in the North Yorkshire Dales to reconstruct Foregill Bridge following its demolition in Autumn 2024. As part of the reconstruction the bridge is to be widened to accommodate 2-way traffic. In order to widen the bridge, the abutments must be marginally extended into the surrounding land. For most plots, land dedication is being organised with the landowners, however the owner of an unregistered plot of land located on the northeast side of the bridge remains undetermined following investigation of all available archive documents and consultation with Parish Council and locals. The land has been used for several years as a means of access to the retaining walls and bridge for inspection and maintenance without contention. Following legal advice, it is proposed to adopt the land as maintainable at public expense pursuant to Section 228 of the Highways Act 1980. This will allow for the marginal bridge extension required and allow it to continue to be used as a means of access to undertake periodic inspections and maintenance.

Alternative options such as adverse possession/compulsory purchase were considered but these would be quite lengthy and most likely involve more costs. These options would therefore likely significantly delay the scheme.