Buying/Adopting a road from the council

clothiejwalsh

Does anyone have any experience of buying/adopting a road from the council.

The is a small road that the council maintains that leads on to our share of freehold flats from the main road, which the freeholders could buy from the council and turn our flats into a gated development.

There are 2 privately owned bungalows that would need access, but we could grant that to them if the road was priavte and owned by us.

Initial enquiries with the council indicate they do not wish to sell the road, but they also don't wish to maintain it as they believe it is a minor road with no traffic.

Any help would be great.

Johnhowell

This is a very complex issue.

If the road is a Public Maintainable Highway the council have a duty under the Highways Act to maintain it, whether they want to or not. Check the Section 36 list at your local authority office to see if this road is listed as Public Maintainable Highway - public document so free access.

If the road is a spur off a main road then it may require clarification from the Highways Records team of the council.

If the road is PMH and the council are willing to sell to you then an Extinguishment Order has to be made to "stop up" the highway rights. Consultation, by form of Notices, will be required and anybody can lodge an objection if they consider they have need of use of this highway. That is you have to show that this highway is no longer required by the public.

You must take into consideration the access rights of the bungalow freeholders.

An alternative would be to apply for a gating order, which would in effect grant a licence to legally to put up a structure on the highway, ie a gate. The road would remain PMH.

A gating order would normally only be approved on designated crime areas or for crime reduction purposes, in which case could devalue your property.

Specialist legal advise should be sort.

Regards,
John

PasturesNew

I'd be well f**ked off if somebody put a gate up that I had to open/close each time I went past.... what about deliveries to the bungalows? How would they get in/through?

In fact, how would anybody ... e.g. postman? goodies from ebay purchases? mates? firebrigade?

Sounds like an awful lot of trouble to go to for little gain. Why do you want/need to be gated? Do you have an outbreak of the plague you need to contain?

clothiejwalsh

Johnhowell wrote: »

This is a very complex issue.

If the road is a Public Maintainable Highway the council have a duty under the Highways Act to maintain it, whether they want to or not. Check the Section 36 list at your local authority office to see if this road is listed as Public Maintainable Highway - public document so free access.

If the road is a spur off a main road then it may require clarification from the Highways Records team of the council.

If the road is PMH and the council are willing to sell to you then an Extinguishment Order has to be made to "stop up" the highway rights. Consultation, by form of Notices, will be required and anybody can lodge an objection if they consider they have need of use of this highway. That is you have to show that this highway is no longer required by the public.

You must take into consideration the access rights of the bungalow freeholders.

An alternative would be to apply for a gating order, which would in effect grant a licence to legally to put up a structure on the highway, ie a gate. The road would remain PMH.

A gating order would normally only be approved on designated crime areas or for crime reduction purposes, in which case could devalue your property.

Specialist legal advise should be sort.

Regards,
John

Thanks for the advice, it really helpful. I like the idea of a gating order, our block is right next to the station and very main road, and I note some of the other flats on our street have quite secure grounds. A bit worried abput it devaluing house prices. Was hoping it would increase value, if done well.... food for though though.

In regard our road it only serves as access to the block of our flats, the only people that need it are us and the 2 houses mentioned.

clothiejwalsh

PasturesNew wrote: »

I'd be well f**ked off if somebody put a gate up that I had to open/close each time I went past.... what about deliveries to the bungalows? How would they get in/through?

In fact, how would anybody ... e.g. postman? goodies from ebay purchases? mates? firebrigade?
Sounds like an awful lot of trouble to go to for little gain. Why do you want/need to be gated? Do you have an outbreak of the plague you need to contain?

I know it sounds a bit dramatic :-) I am not thinking 10 foot fencing all round and big gates, just something to keep all the cars out (our parking is being taken over by non residents, and is a major cause of concern).

We have 2 vehicle access routes to our flats and two parking areas, in order to protect both we could gate the top of the road, rather than at each parking area separately. I take your point about access for emergency services and deivery guys. I suppose delivery guys, would just have to buzz for entry - not sure what emergency services do though.

custardy

is it purely for the parking issue? why not employ a private parking company to monitor and ticket any non resident parked cars?
we did that in my last place as it was felt a gate would be no use as it maybe left open defeating its purpose

a lot cheaper and more flexible