New development at the end of an unadopted road
Discussion
An old chicken farm at the end of an unadopted road has just been approved for 35 properties a mix of flats and houses this a brownfield site with in the green belt.
The residents obviously objected but as usual the views were ignored.
Some believe a development of 9 detached houses would have been more appropriate although others wanted nothing which was never an option.
My question: What happens if the residents park so badly on a regular basis that the lorries required to provide machines and material can not gain access.
The police have no powers what are the options for construction company
The residents obviously objected but as usual the views were ignored.
Some believe a development of 9 detached houses would have been more appropriate although others wanted nothing which was never an option.
My question: What happens if the residents park so badly on a regular basis that the lorries required to provide machines and material can not gain access.
The police have no powers what are the options for construction company
Unadopted simply means the road isn’t maintained at the public expense, it doesn’t mean that it is not a public right of way. Assuming it is a Public ROW (which it sounds like it is) then the usual rules of the road including the offence of obstruction would still apply.
The above advice may not necessary apply though if the road isn’t a public ROW and is privately owned and maintained such as with a private driveway.
The above advice may not necessary apply though if the road isn’t a public ROW and is privately owned and maintained such as with a private driveway.
Each house has a responsibility from their boundary to the middle of the road and they have to maintain the road.
Obviously there is a right of way as the chicken farm when it was operating had workers and deliveries.
My understanding is the police will have no power if cars park badly
Obviously there is a right of way as the chicken farm when it was operating had workers and deliveries.
My understanding is the police will have no power if cars park badly
hunton69 said:
My understanding is the police will have no power if cars park badly
What is your understanding based on? As Smokey Mow has said, just because it's unadopted doesn't mean it's not a 'highway', and if it's a highway, Police have powers to enforce against obstruction just the same as on an adopted road.
If it's genuinely a private road, with no public right of access (bearing in mind that PROW can be established by default, if unrestricted access has been allowed over a period of time), then if the developer has a private right of access over it, they can seek a court injunction against anyone obstructing that right.
What is the road made of and will it withstand the traffic - trucks during construction and cars afterwards?
The armchair lawyer in me suggests an injunction to prevent use of the road. Then negotiate around getting the road upgraded to adoptable quality paid for, of course, by the developer. At least make them liable for remedial works at the end of the development.
But I am not even an armchair lawyer so what do I know?
The armchair lawyer in me suggests an injunction to prevent use of the road. Then negotiate around getting the road upgraded to adoptable quality paid for, of course, by the developer. At least make them liable for remedial works at the end of the development.
But I am not even an armchair lawyer so what do I know?
Right of Access - doesn't always equal right of vehicular access! It's possible to have access by foot only
Even if the builder has somehow got temporary access - it doesnt necessarily mean the houses have access. Without access - mortgage companies panic.
Start by checking exactly what access allowed.
Gas, Water and electric are also good ways to block unwanted developments or at least slow them down
Even if the builder has somehow got temporary access - it doesnt necessarily mean the houses have access. Without access - mortgage companies panic.
Start by checking exactly what access allowed.
Gas, Water and electric are also good ways to block unwanted developments or at least slow them down
Equus said:
What is your understanding based on?
As Smokey Mow has said, just because it's unadopted doesn't mean it's not a 'highway', and if it's a highway, Police have powers to enforce against obstruction just the same as on an adopted road.
If it's genuinely a private road, with no public right of access (bearing in mind that PROW can be established by default, if unrestricted access has been allowed over a period of time), then if the developer has a private right of access over it, they can seek a court injunction against anyone obstructing that right.
This is the reason I am asking. I’ve googled unadopted roads and the answer is the police won’t get involved for obstruction.As Smokey Mow has said, just because it's unadopted doesn't mean it's not a 'highway', and if it's a highway, Police have powers to enforce against obstruction just the same as on an adopted road.
If it's genuinely a private road, with no public right of access (bearing in mind that PROW can be established by default, if unrestricted access has been allowed over a period of time), then if the developer has a private right of access over it, they can seek a court injunction against anyone obstructing that right.
They still have powers for un insured and taxed vehicles and drivers can still be done for drink driving similar to pub car parks.
I’m sure the developer can get an injunction but who would that be against
ben5575 said:
I would certainly explore the access and drainage rights against the requirements of the planning permission before I attempted to block a concrete wagon with my car.
I wouldn't bother: if a chicken farm can be accessed and drained, you can bet your ass that a residential development with a modern SuDs drainage system will have no problems whatsoever.Equus said:
The owner(s) of the vehicle(s) that were obstructing the road, of course.
That’s what I thought however there are over a hundred as the feelings are so high.It will take some time to find the owners by which time delivers and plant equipment could cost the developer a fortune
hunton69 said:
Equus said:
The owner(s) of the vehicle(s) that were obstructing the road, of course.
That’s what I thought however there are over a hundred as the feelings are so high.It will take some time to find the owners by which time delivers and plant equipment could cost the developer a fortune
hunton69 said:
...could cost the developer a fortune
Which he will claim back as costs (he can seek damages as well as an injunction).How deep are your pockets?
I'm into my 5th decade associated with the housebuilding industry, and I've yet to encounter a site where locals managed to block a development like this once PP had been granted.
It's easy to talk all Billy Big b
ks. Talk is cheap...Equus said:
Which he will claim back as costs (he can seek damages as well as an injunction).
How deep are your pockets?
I'm into my 5th decade associated with the housebuilding industry, and I've yet to encounter a site where locals managed to block a development like this once PP had been granted.
It's easy to talk all Billy Big bks. Talk is cheap...
How can the developer claim costs against a random car which parks like an idiot.How deep are your pockets?
I'm into my 5th decade associated with the housebuilding industry, and I've yet to encounter a site where locals managed to block a development like this once PP had been granted.
It's easy to talk all Billy Big b
ks. Talk is cheap...My question is there maybe many random cars.
It’s interesting I haven’t said I’m going to be involved I am interested as I live locally.
Ironically I’ve had a developer who wanted to put a deal together on my land for 35 houses if anything this development helps as I’m further up the lane and the lack of footpath was an issue
Equus said:
I wouldn't bother: if a chicken farm can be accessed and drained, you can bet your ass that a residential development with a modern SuDs drainage system will have no problems whatsoever.
I was thinking that it might be on an existing combined system and that the surface will need to discharge somewhere, potentially in a new sw drain that might need to be put in a private road?Likewise the right of access might be for a specific (potentially non residential) use or a specific number of houses etc
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