Can they close/block/restrict a highway
Discussion
Long story short, there is building work going on in our village and the developer has put up a sign saying
"Work starts here 23/4/2018 for 8 weeks sorry for any delays."
They have already shut one carriage way under temporary manual stop/go control for periods during today.
There's been some rumours amongst the village elders that a mini roundabout is going in which isn't on the development plan so we've contacted the county council for clarification as to what is happening with the road (partly to be nosey but mostly because it's the only road out the village and a permanent closure would leave us stranded) they have no record of a request to do anything to the road and further more have yet to discharge the condition on the plan that was put in for highway changes which include two access roads and the removal of a layby.
So are they allowed to close/restrict or introduce 8 weeks of temporary carriage way closures and traffic control without informing the council or getting the councils authority?
Tl:dr can you f
k up a road without county council permissions in place... (when put like that the answer seems fairly obvious but you never know...)
"Work starts here 23/4/2018 for 8 weeks sorry for any delays."
They have already shut one carriage way under temporary manual stop/go control for periods during today.
There's been some rumours amongst the village elders that a mini roundabout is going in which isn't on the development plan so we've contacted the county council for clarification as to what is happening with the road (partly to be nosey but mostly because it's the only road out the village and a permanent closure would leave us stranded) they have no record of a request to do anything to the road and further more have yet to discharge the condition on the plan that was put in for highway changes which include two access roads and the removal of a layby.
So are they allowed to close/restrict or introduce 8 weeks of temporary carriage way closures and traffic control without informing the council or getting the councils authority?
Tl:dr can you f
k up a road without county council permissions in place... (when put like that the answer seems fairly obvious but you never know...)Check www.roadworks.org - your county council may well publish any closures/roadworks on there..
If not, contact the county council's highways department and ask. Don't bother with the parish council - they don't get told anything usually.
If not, contact the county council's highways department and ask. Don't bother with the parish council - they don't get told anything usually.
FredClogs said:
Long story short, there is building work going on in our village and the developer has put up a sign saying
"Work starts here 23/4/2018 for 8 weeks sorry for any delays."
They have already shut one carriage way under temporary manual stop/go control for periods during today.
There's been some rumours amongst the village elders that a mini roundabout is going in which isn't on the development plan so we've contacted the county council for clarification as to what is happening with the road (partly to be nosey but mostly because it's the only road out the village and a permanent closure would leave us stranded) they have no record of a request to do anything to the road and further more have yet to discharge the condition on the plan that was put in for highway changes which include two access roads and the removal of a layby.
So are they allowed to close/restrict or introduce 8 weeks of temporary carriage way closures and traffic control without informing the council or getting the councils authority?
Tl:dr can you fk up a road without county council permissions in place... (when put like that the answer seems fairly obvious but you never know...)
Good Morning Fred."Work starts here 23/4/2018 for 8 weeks sorry for any delays."
They have already shut one carriage way under temporary manual stop/go control for periods during today.
There's been some rumours amongst the village elders that a mini roundabout is going in which isn't on the development plan so we've contacted the county council for clarification as to what is happening with the road (partly to be nosey but mostly because it's the only road out the village and a permanent closure would leave us stranded) they have no record of a request to do anything to the road and further more have yet to discharge the condition on the plan that was put in for highway changes which include two access roads and the removal of a layby.
So are they allowed to close/restrict or introduce 8 weeks of temporary carriage way closures and traffic control without informing the council or getting the councils authority?
Tl:dr can you f
k up a road without county council permissions in place... (when put like that the answer seems fairly obvious but you never know...)Not having a go but a little punctuation would help!! Ran out of breath trying to read that paragraph!
That's One Long Vowel Movement there!
As above, check roadworks.org. They will need permission to have any sort of restriction or closure but it's not difficult to get.
If you want to find out about a mini-roundabout, it may be under a Section 106 agreement, a highway improvement funded by the developer aimed at reducing the impact/improving the integration of that development. Not sure how public they will be with their records and legal agreements - it may be on the planning portal of their website somewhere?
If you want to find out about a mini-roundabout, it may be under a Section 106 agreement, a highway improvement funded by the developer aimed at reducing the impact/improving the integration of that development. Not sure how public they will be with their records and legal agreements - it may be on the planning portal of their website somewhere?
If it's a public highway maintained by the Local Highways Authority a temporary TRO is required for any closures, part or full.
You can access plans for the development through the LA Planning Portal.
There will be detailed plans of the works that have been submitted and passed by the planning authority.
If there is a breach of this it should be reported to the Enforcement Team.
This is when it sometimes goes wrong in my experience.
They are sometimes slow to react because of lack of manpower and funding.
I'd be surprised if a mini roundabout has been passed by the LHA or Planning.
You can access plans for the development through the LA Planning Portal.
There will be detailed plans of the works that have been submitted and passed by the planning authority.
If there is a breach of this it should be reported to the Enforcement Team.
This is when it sometimes goes wrong in my experience.
They are sometimes slow to react because of lack of manpower and funding.
I'd be surprised if a mini roundabout has been passed by the LHA or Planning.
Thanks, LCC are investigating and we'll see what happens next week. I'm aware of all the planning, section 106 agreements etc and a mini roundabout is certainly not in the publicly available plans, i think that's just village gossip. I think of they do shut or restrict the road they'll be doing so without LCC permission so we'll see what happens.
Further to the above, if the condition hasn't been discharged it would suggest that the S278 legal agreement (which is required to enter the highway to undertake works) hasn't yet been signed off. What may have happened though is that the S278 detailed design work has been completed and reached Technical Approval, but they're still negotiating the terms of the legal agreement itself. I don't think most authorities would allow the condition to be discharged until such time as the legals are signed off.
Now, that's not to say that they haven't been given the nod to crack on with the works anyway, by the local highway authority. I know of some authorities that are so understaffed, and so far behind in processing S278 design packs that they're taking the approach of letting the developer go ahead with the works and are undertaking the S278 design/legals process simultaneously. It's a very risky strategy, for a great number of reasons though.
Now, that's not to say that they haven't been given the nod to crack on with the works anyway, by the local highway authority. I know of some authorities that are so understaffed, and so far behind in processing S278 design packs that they're taking the approach of letting the developer go ahead with the works and are undertaking the S278 design/legals process simultaneously. It's a very risky strategy, for a great number of reasons though.
We close off roads all of the time under a temporary TRO. This is usually to carry out s278 works which are part of the planning permission. Where using the Council's own contractors those works sometimes start before the s278 is executed by everyone as the spec is usually agreed and the bond in place.
As for a mini roundabout, that would usually be covered in a s106 as other have said, or by a 278 where the s278 or detailed highway design is a pre-commencement planning condition. Al this info should be available on the planning portal.
As for a mini roundabout, that would usually be covered in a s106 as other have said, or by a 278 where the s278 or detailed highway design is a pre-commencement planning condition. Al this info should be available on the planning portal.
Swervin_Mervin said:
Further to the above, if the condition hasn't been discharged it would suggest that the S278 legal agreement (which is required to enter the highway to undertake works) hasn't yet been signed off. What may have happened though is that the S278 detailed design work has been completed and reached Technical Approval, but they're still negotiating the terms of the legal agreement itself. I don't think most authorities would allow the condition to be discharged until such time as the legals are signed off.
Now, that's not to say that they haven't been given the nod to crack on with the works anyway, by the local highway authority. I know of some authorities that are so understaffed, and so far behind in processing S278 design packs that they're taking the approach of letting the developer go ahead with the works and are undertaking the S278 design/legals process simultaneously. It's a very risky strategy, for a great number of reasons though.
I suspect that is the case. ThanksNow, that's not to say that they haven't been given the nod to crack on with the works anyway, by the local highway authority. I know of some authorities that are so understaffed, and so far behind in processing S278 design packs that they're taking the approach of letting the developer go ahead with the works and are undertaking the S278 design/legals process simultaneously. It's a very risky strategy, for a great number of reasons though.
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