Notice to a Landowner under Section 165

Please could you provide the following information:

1. A list of all instances wherein the Council has issued a Notice to a landowner under Section 165 of the Highways Act 1980 - the list to indicate (for each Notice)



2. the reason for the Notice, the action it required of the landowner and a link to any online information about the Notice.  (I am particularly keen to understand what proportion of such notices have required the landowner to provide or improve fencing, as opposed to any other type of action).



3. If it is not possible to provide the above information, please could you instead provide a count of each of the following:

(3.1) The number of times the Council has issued a Notice to a landowner under

Section 165 of the Highways Act 1980 wherein the notice relates to actual or potential landslide, landslip or rockfall from an area of private land onto an adjoining road.



(3.2) The number of times the Council has issued a Notice to a landowner under

Section 165 of the Highways Act 1980 wherein the notice requires removal of rocks or earth

from an area of private land adjoining a road or geotechnical or structural works to such an area of land.



(3.3) The number of times the Council has issued a Notice to a landowner under Section 165 of the Highways Act 1980 wherein the notice requires works other than fencing on an area of private land adjoining a road.

 

1-3. Lincolnshire County Council does not hold a central register of what notices are served. The authority is not aware of any s165 notices being issued in the last 20 years.

Under the retention schedule we only keep our legal files for 6 years for any obstructions or disputes so any served before this time will have been destroyed.