Can the council close a road permanently ?
Can the council close a road permanently ?
Author
Discussion

Brads67

Original Poster:

3,199 posts

127 months

Friday 31st January 2020
quotequote all
Road is local to me, has been in use forever and a day, they tried to close it 30 yrs ago, gates were cut down when farmer tried to close it and claim it for his own access use, now they are going for it again.?

If it has been in use by the public for say 50yrs plus can they do this?.
It will go to public consultation.

Swervin_Mervin

4,993 posts

267 months

Friday 31st January 2020
quotequote all
Yes, a road can be closed. It would be required to go through the Stopping Up process which comprises an application to the DfT, public notification, and then public consultation. If contested it can go to Magistrates Ct.

PhilboSE

6,120 posts

255 months

Friday 31st January 2020
quotequote all
I understand you are enraged by this, but who is doing what to what road? You mention the council closing the road, then a farmer trying to claim it, now "they" are doing it all again.

Try again, perhaps with some salient details that make sense, then maybe people can advise. We'll also need to know what kind of road it is - adopted, private, what?

PAULJ5555

3,554 posts

205 months

Friday 31st January 2020
quotequote all
Yes, they did by me to move a zebra crossing

Brads67

Original Poster:

3,199 posts

127 months

Friday 31st January 2020
quotequote all
OK
In Scotland for a start.

Local road that was "meant" to be closed on completion of an A1 bypass. This included putting in a "farm access flyover"
It has since continued to be used as a public road which it had always been before. (Bypass cut it in half , hence flyover)
Council now consulting to close it at one end to stop it being used as a connecting road between two towns.

paintman

7,860 posts

219 months

Friday 31st January 2020
quotequote all
Have you submitted your objection yet?

Brads67

Original Poster:

3,199 posts

127 months

Friday 31st January 2020
quotequote all
Consultation is not open yet.

EU_Foreigner

2,838 posts

255 months

Friday 31st January 2020
quotequote all
Never experienced a consultation yet that was not pre-determined, irrespective of thousands of signatures against and nothing for (besides the council).


Brads67

Original Poster:

3,199 posts

127 months

Friday 31st January 2020
quotequote all
I'm trying to figure out who will somehow score money from this.
Local planning dept is in developers pockets but I'm not sure how someone makes money from this.

Certainly is not being closed to suit the local populace that's for sure.

Dave Hedgehog

16,331 posts

233 months

Friday 31st January 2020
quotequote all
EU_Foreigner said:
Never experienced a consultation yet that was not pre-determined, irrespective of thousands of signatures against and nothing for (besides the council).
Red Ken openly admitted he was going ahead with the C zone and its extension regardless of the outcome of the consultation

alangla

6,729 posts

210 months

Friday 31st January 2020
quotequote all
Looks like they do it quite a lot - https://www.eastlothian.gov.uk/site_search/results... - see if you can find the appropriate order for your road in there. (obviously if it's Borders council rather than East Lothian, it won't be there!)

Brads67

Original Poster:

3,199 posts

127 months

Friday 31st January 2020
quotequote all
Thanks for that.

Interesting statement was

"In order to stop up a road under Section 68 of the Roads (Scotland) Act
1984 the Council has to be satisfied that it is either unnecessary or it has
become dangerous."

Neither should apply here.

4rephill

5,167 posts

207 months

Friday 31st January 2020
quotequote all
Brads67 said:
Thanks for that.

Interesting statement was

"In order to stop up a road under Section 68 of the Roads (Scotland) Act
1984 the Council has to be satisfied that it is either unnecessary or it has
become dangerous."

Neither should apply here.
Why? - Is there no other route between the two towns in question? confused

Bill

58,652 posts

284 months

Friday 31st January 2020
quotequote all
Brads67 said:
I'm trying to figure out who will somehow score money from this.
Local planning dept is in developers pockets but I'm not sure how someone makes money from this.

Certainly is not being closed to suit the local populace that's for sure.
Perhaps the bridge was never designed for traffic levels and closing the road is cheaper than building a better bridge.

Swervin_Mervin

4,993 posts

267 months

Friday 31st January 2020
quotequote all
Ah. Scotland. Laws unto themselves. No idea how it works up there because you're so insistent on doing things differently. wink

Down here the decision is made by DfT and potentially magistrates so largely out of the Council's hands


Brads67

Original Poster:

3,199 posts

127 months

Saturday 1st February 2020
quotequote all
4rephill said:
Why? - Is there no other route between the two towns in question? confused
Only one other road and that is the one most heavily used. The road in question sees very light traffic.

babelfish

1,020 posts

236 months

Sunday 2nd February 2020
quotequote all
Brads67 said:
Local planning dept is in developers pockets

Do you have proof of this?

parabolica

7,010 posts

213 months

Sunday 2nd February 2020
quotequote all
Is this on the AWPR by any chance?

Gary C

15,250 posts

208 months

Sunday 2nd February 2020
quotequote all
MAP REF

:*)

PaulD86

1,840 posts

155 months

Monday 3rd February 2020
quotequote all
Brads67 said:
I'm trying to figure out who will somehow score money from this.
Local planning dept is in developers pockets but I'm not sure how someone makes money from this.

Certainly is not being closed to suit the local populace that's for sure.
The answer is almost certainly that no one making money from it.

If this road links two towns but isn't the main road and a farmer has an interest in it then I am going to speculate it is a small rural road which is unsuitable for carrying large volumes of traffic between the two towns and which is not needed to do so either. It is entirely possible this could cause safety issues. Councils can also close roads due to them being in a dangerous state of repair. The road may also be private and unadopted by the council. The council can close such roads as well, however this comes with various caveats.