Property Sale fell through because of outside development...
Discussion
No you misread my original post.
Our access road has been "severed" by a new public highway or at least it will be public when the "eastern relief road" is handed over to local authority control.
The access gate is on our access road, not the (soon to be) public highway. This was installed by the developers as part of their works in building (a) the towns eastern relief road, and (b) they would fully resurface our access road which also runs to some cottages.
Our access road is marked on OS maps and is an 'ancient right of way'.
If I could draw a map to explain it would be easier. Perhaps I should work out how to do that for clarity.
Our access road has been "severed" by a new public highway or at least it will be public when the "eastern relief road" is handed over to local authority control.
The access gate is on our access road, not the (soon to be) public highway. This was installed by the developers as part of their works in building (a) the towns eastern relief road, and (b) they would fully resurface our access road which also runs to some cottages.
Our access road is marked on OS maps and is an 'ancient right of way'.
If I could draw a map to explain it would be easier. Perhaps I should work out how to do that for clarity.
tvrgit said:
You say that you were told that this new access road was going to be adopted, but hasn't been (yet), right?
You also say that this access road has a security gate on it, right?
I'm not challenging you, I just want to be clear, because most local authorities won't adopt a road that has a security gate on it - a road or highway needs to have a public right of passage along it. No public right of access? It's not a road in terms of the Highways Act 1980, so can't be adopted as a "public road" if it's not even legally a "road" in the first place.
If your story is as you set it out (and I am not doubting you have set it out correctly), then if there is to be a security gate on this "road", I think somebody has been telling porkies about the future status of this road. Check with your local roads authority (the County Council unless you are in one of the metropolitan authority areas) - ask them if there has been any application for Dedication of Highway, and if this road is designated as "prospectively adoptable", and if it has even been built to adoptable standards.
It might check out ok - I am not as familiar with English road adoption as I am with the process in Scotland (different Act) but it's worth being sure.
Swerving Mervin can probably advise better for roads in England.
You also say that this access road has a security gate on it, right?
I'm not challenging you, I just want to be clear, because most local authorities won't adopt a road that has a security gate on it - a road or highway needs to have a public right of passage along it. No public right of access? It's not a road in terms of the Highways Act 1980, so can't be adopted as a "public road" if it's not even legally a "road" in the first place.
If your story is as you set it out (and I am not doubting you have set it out correctly), then if there is to be a security gate on this "road", I think somebody has been telling porkies about the future status of this road. Check with your local roads authority (the County Council unless you are in one of the metropolitan authority areas) - ask them if there has been any application for Dedication of Highway, and if this road is designated as "prospectively adoptable", and if it has even been built to adoptable standards.
It might check out ok - I am not as familiar with English road adoption as I am with the process in Scotland (different Act) but it's worth being sure.
Swerving Mervin can probably advise better for roads in England.
Edited by tvrgit on Thursday 19th November 19:36
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