Right of Way Scaffolding

VA2020

Brie said:

VA2020 said:

Thank you both. 

He is just old school and doesn’t comprehend it nor give a reason for objection.
the issue is that someone in the home has very complex emotional needs and in an emergency they have had to access the property via a back window, this was years ago, so now he is very set on side access. I understand but this is unreasonable as well

so if an emergency happened again access could be possible via one of the other neighbours or yourself?  so not a real issue at all.

i agree with the others - tell him politely you understand his concerns but that it's only for a very short period and you will do whatever you can, within reason, to accomodate but the scaffolding needs to go up.  perhaps he can go on holiday during that time????

He has broken down every relationship with every neighbour that none will accommodate him. Can’t access via mine as side gate will be covered in scaffolding 

I’ll just be firm I guess, not my strong point haha

GDB2222

VA2020 said:

GDB2222 said:

Your back garden has no gate onto the alley?

It does but that will be covered by scaffolding too. It’s a side gate straight onto the alley

Could you arrange emergency access through one of your other neighbours? 

FreeBear

When the scaffolding is assembled, there will be a series of vertical tubes, and a few diagonal tubes for bracing. Plenty of room for a reasonably able bodied person to duck/squeeze/climb through. Regularly see scaffolding up round town across pathways without any cross bracing impeding access.. Very occasionally, one needs to duck down...

Scaffolders are experienced in putting the stuff up without restricting access if absolutely necessary.

Norman_Castle

VA2020 said:

the issue is that someone in the home has very complex emotional needs and in an emergency they have had to access the property via a back window, this was years ago, so now he is very set on side access.

Unreasonable to expect constant access for a situation which is unlikely to happen. If access was needed could it happen by you placating neighbours or climbing over the fence? Explain you will resolve access issues if emergency access is actually needed.

There's clearly no choice about doing this but make sure the scaffolders agree to remove the scaffold immediately one the work is finished.

Flugelhorn

there are plenty of times that ROW eg pavements / roads are blocked for "essential work" - this is just one of those occasions and clearly you need to have a roof. Just tell him and tell him the dates etc, if he goes to court  the roof will be finished by the time anything happens 

Section62

Flugelhorn said:

there are plenty of times that ROW eg pavements / roads are blocked for "essential work" - this is just one of those occasions and clearly you need to have a roof. Just tell him and tell him the dates etc, if he goes to court  the roof will be finished by the time anything happens 

If it is a public right of way then the traffic authority can only block it completely by making a temporary traffic order under S14 of the Road Traffic Regulation Act 1984, and in doing so have to consider alternative routes and/or making provision for access to the closed section.

I'm not aware of equivalent primary legislation for private rights of way.  But I suppose if someone wanted to temporarily block a private RoW and a neighbour was objecting (e.g. to the point of dismantling the scaffolding) then presumably the person needing the obstruction could apply for a court order allowing them to obstruct the RoW and an injunction against the neighbour interferring with it.

Therefore I tend to agree with the suggestion of just going ahead with the work and let the neighbour go to court if that is what they want.  The only hesitancy I would have is if the "very complex emotional needs" are such that blocking the RoW could have serious consequences which led to grounds for a big compensation payout. The OP needs to think through that aspect carefully.

VA2020

Section62 said:

Flugelhorn said:

there are plenty of times that ROW eg pavements / roads are blocked for "essential work" - this is just one of those occasions and clearly you need to have a roof. Just tell him and tell him the dates etc, if he goes to court  the roof will be finished by the time anything happens 

If it is a public right of way then the traffic authority can only block it completely by making a temporary traffic order under S14 of the Road Traffic Regulation Act 1984, and in doing so have to consider alternative routes and/or making provision for access to the closed section.

I'm not aware of equivalent primary legislation for private rights of way.  But I suppose if someone wanted to temporarily block a private RoW and a neighbour was objecting (e.g. to the point of dismantling the scaffolding) then presumably the person needing the obstruction could apply for a court order allowing them to obstruct the RoW and an injunction against the neighbour interferring with it.

Therefore I tend to agree with the suggestion of just going ahead with the work and let the neighbour go to court if that is what they want.  The only hesitancy I would have is if the "very complex emotional needs" are such that blocking the RoW could have serious consequences which led to grounds for a big compensation payout. The OP needs to think through that aspect carefully.

Thank you, that’s really helpful and I agree with the above.

My thoughts are in the kindest way, that I can’t stop essential works (my roof) solely for this reason but altho none of the neighbours have a relationship with him, I know would be human enough to allow access in an emergency, even tho he has caused difficulties previously. 

He would have to evidence serious consequences which unless something happened, wouldn’t be evidence, surely. 

Builders are leaving 2 hard hats 😂😂 tho they have outlined the risks of someone climbing through scaffolding without these on, as it can be incredibly dangerous but in terms of emergency services, if needed, I’m sure they deal with a lot of stuff outside of an alleyway with scaffolding! 

Worst case, I have brought a ladder solely for this reason, to accommodate should this arise, he can climb over the ladder into the neighbouring garden over the fence. I feel that’s all I can do 

GDB2222

Section62 said:

Flugelhorn said:

there are plenty of times that ROW eg pavements / roads are blocked for "essential work" - this is just one of those occasions and clearly you need to have a roof. Just tell him and tell him the dates etc, if he goes to court  the roof will be finished by the time anything happens 

If it is a public right of way then the traffic authority can only block it completely by making a temporary traffic order under S14 of the Road Traffic Regulation Act 1984, and in doing so have to consider alternative routes and/or making provision for access to the closed section.

I'm not aware of equivalent primary legislation for private rights of way.  But I suppose if someone wanted to temporarily block a private RoW and a neighbour was objecting (e.g. to the point of dismantling the scaffolding) then presumably the person needing the obstruction could apply for a court order allowing them to obstruct the RoW and an injunction against the neighbour interferring with it.

Therefore I tend to agree with the suggestion of just going ahead with the work and let the neighbour go to court if that is what they want.  The only hesitancy I would have is if the "very complex emotional needs" are such that blocking the RoW could have serious consequences which led to grounds for a big compensation payout. The OP needs to think through that aspect carefully.

It is possible that the public liability section of the OP’s home insurance would have to pay any compensation. However, it’s not just the cost. The op should not willfully cause harm. He has worked out a solution with the other neighbours over their refuse, and he should try to do something for the remaining neighbour.

VA2020

GDB2222 said:

Section62 said:

Flugelhorn said:

there are plenty of times that ROW eg pavements / roads are blocked for "essential work" - this is just one of those occasions and clearly you need to have a roof. Just tell him and tell him the dates etc, if he goes to court  the roof will be finished by the time anything happens 

If it is a public right of way then the traffic authority can only block it completely by making a temporary traffic order under S14 of the Road Traffic Regulation Act 1984, and in doing so have to consider alternative routes and/or making provision for access to the closed section.

I'm not aware of equivalent primary legislation for private rights of way.  But I suppose if someone wanted to temporarily block a private RoW and a neighbour was objecting (e.g. to the point of dismantling the scaffolding) then presumably the person needing the obstruction could apply for a court order allowing them to obstruct the RoW and an injunction against the neighbour interferring with it.

Therefore I tend to agree with the suggestion of just going ahead with the work and let the neighbour go to court if that is what they want.  The only hesitancy I would have is if the "very complex emotional needs" are such that blocking the RoW could have serious consequences which led to grounds for a big compensation payout. The OP needs to think through that aspect carefully.

It is possible that the public liability section of the OP’s home insurance would have to pay any compensation. However, it’s not just the cost. The op should not willfully cause harm. He has worked out a solution with the other neighbours over their refuse, and he should try to do something for the remaining neighbour.

I have also agreed to take theirs as well.
I would be willing, in an emergency, to rip out my fence panel to accommodate my roof. Literally anything to have a roof on my house right now after a month

Itll cost more to delay the builders that rip out a fence panel. I feel I am being incredibly accommodating 

Flugelhorn

it certainly sounds like you are doing everything you can to help this neighbour (who possibly can never be happy with the solution)