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Liability question re traffic calming on private road

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  • DullGreyGuy
    DullGreyGuy Posts: 18,613 Forumite
    10,000 Posts Second Anniversary Name Dropper
    user1977 said:
    None as far as I'm aware if it's a structure which is otherwise permitted development and doesn't breach any conditions in previous consents about retaining visibility splays. And still not an insurance point for property owners anyway (even if a planning breach), it's up to the road users to creep round blind corners or whatever other measures they need to take if their view is obstructed.
    A quick google says road facing fences are generally ok up to 1m in height, which is less on non-road facing where its 2m 

    This isn't really a question about "insurance" but one about liability. Most liability comes from negligence and have certainly seen wilder arguments that breaching planning permission law is negligence. In this case would more think about the pedestrian being forced to step into the road by an illegal structure. There would still be substantial contributory negligence on the pedestrian but have seen one settlement where the company that blocked the pavement illegally had a small percentage liability after the pedestrian was struck by a vehicle after being forced onto the road. Pedestrian -v- motor vehicle often are big settlements so argued more keenly than your typical fender bender
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