Definition of a Public Highway

Billnorthumberland

Hi everyone,

We live on a farm conversion of 10 properties and they are accessed via a private road that was built 6 years ago to serve the properties (that will never be adopted by the council) . The road is owned by a management company of property owners and each owner is responsible for a percentage of the roads maintenance. The road only leads to our garages and driveways and it even has a flower display in the middle of it. The council is claiming that this is a public highway in a planning application by one of the owners. So what is the difference between a Public Highway and a Private access road. If this is true then should the council then adopt the road and maintain it.

Regards,

Bill

Barny1979

The Council will only consider adopting a road if it was constructed to an adoptable standard, this road may not have been.

Richard_Webster

Don't understand how "the Council" can claim anything in somebody's planning application. The applicant might say it is a public highway but if it isn't then it isn't. Otherwise I could put in a planning application and say that I own Buckingham Palace!

A highway becomes a highway by 20 + yaers use as of right or by dedication by the owner of the land to the Highway Authority for highway purposes. if neither has occurred then it is n't a highway.

Separate issue is whether the Highway Authority maintains a highway - just because the public have a right to use a highway doesn't mean that the Highway Authority is responsible for its maintenance.

The situation OP describes suggests that no adoption has taken place - there should be notices up at the entrance to the road saying that it is not a public highway. Are there any such notices? They should be put up as soon as possible by the management company.