Street lighting in an unadopted street

3card

Hi All

I am looking for some advice. If this is the wrong forum for this could i ask where to post it?

I have lived in an unadopted cul-de-sac for 19 years and the houses have been built for 29 years.
For all the time we have lived there the street lighting has been maintained by our local district council

When the houses were built the footpaths in the close were never completed and were incorporated into the garden of the house the footpath should have been outside.
This means the street lamp instead on being on the footpath would actually be in the front garden of any house.
This has never been a problem until very recently.
One of the houses has asked the council to remove the lamp post from his garden and the council asked the other residents. The general feeling was that whilst we have no problems with this being removed this would make the close very dark causing health and safety issues along with possible security problems so another would be required to replace it on a suitable verge literally 5 metres away from its current position

We have now received a letter to say the lamp will be removed and not replaced as any other land would not be owned by the council.
The residents are all very unhappy with this decision for the reasons above

I know its an unadopted highway but bearing in mind the local authority have been maintaining the lighting for almost 30 years should they bear some responsibility for replacing the lamp port?

Any advice would be greatly appreciated

LABMAN

Where do you want the council to put it if they don't own any of the land nearby?

3card

LABMAN wrote: »

Where do you want the council to put it if they don't own any of the land nearby?

There are a few options it can go but they are not interested in putting it anywhere. We have even told them they can put it in our garden.

I am more surprised they have agreed to freely take the existing one away

DoaM

3card wrote: »

I am more surprised they have agreed to freely take the existing one away

Maybe they've taken a long term view ... no lamppost = no future cost to maintain.

JJ_Egan

Speak to your local counciller ( scuse spelin)

DavidT67

I'd suggest you look for 'wayleaves' and 'utility strips' in yours and your neighbours property deeds, available online from the land registry.


Your neighbour might own the land, but the council and others no doubt have a right to put utilities on it and restrict the owner from building on said strip or blocking access to it.



If you and others object then the council should not be removing a service.

3card

JJ_Egan wrote: »

Speak to your local counciller ( scuse spelin)

This is our next plan of action - thanks

lincroft1710

As the road is not adopted, the council probably have no responsibility to maintain the standard of street lighting.

3card

lincroft1710 wrote: »

As the road is not adopted, the council probably have no responsibility to maintain the standard of street lighting.

I can agree with that point but they have maintained it for almost 30 years and they are footing the bill to take it out

Owain_Moneysaver

3card wrote: »

I can agree with that point but they have maintained it for almost 30 years and they are footing the bill to take it out

Ah, but do they have the lawful authority to take it out?

Just because the footpaths were "incorporated into the garden of the house" does not mean the property boundaries were changed.

It may be that the land the lamp is on is still part of the highway and the land and lamp may be owned by all the houseowners in the street. Therefore, the consent of all houseowners may be required before it can be removed.

(Of course, you run a risk the council will back bill you for all the 30 years' maintenance and electricity, but you could reply you have no contract with them for maintenance and believed the maintenance was done by them as a public service without charge - and that if private street lighting isn't on their statutory register of charges which will be on their website they have no legal authority for levying a charge anyway.)

I would suggest you advise the council in writing that the ownership of the land and lamppost is currently to be established and that if the council remove it without the consent of all houseowners they may face civil action and criminal prosecution. You could also advise the householder who wants it removed that under the Occupiers Liability Act 1957 as amended he is responsible for the safety of people using the unadopted highway and that he is on notice accordingly and should inform his insurer.

If you and the other owners really want to stop the person removing the lamp you will need to speak to a solicitor experienced in land law as both the law and the fact of the matter have to be established.

powerful_Rogue

Sounds like "cake and eat it"