Unadopted Road - Rights Of Access

[swisstonydunn]

We live on an unadopted road (a no through road) that leads into a public park. The road has been levelled in recent years and tarmac and speed humps added by the council. Recently, there has been a spate of crimes in the area and have had a lot of cars using the road and car park as a "top gear test track". I have contacted the local council with regard to getting improved lighting and gates put on the park to stop entry for these boy-racers. I was told that the road was only to be maintained for public access by foot and that lighting was not one of the requirements of this, and that gates were a no-no as there was nobody available to ensure their opening and closure. What would be the legal position from the residents point of view to block off the road ourselves but still allowing access for pedestrians? We are just fed up now and need something doing. Please ask if you need any further information.

[Drisgirl]

O I wouldnt touch it.Think the boys in blue would bang you up even for fun.I dont jest either.
Its bleeding annoying but as soon as they have a helmet/cap on you dont have a leg to stand on and I know a fair few socially and as friends and they admit that they do that.Gets thier stats up and saves them chasing real crime.

[buildersmate]

So it's a public right of way for vehicular traffic, which merely differs from any other public highway by virtue of the surface never having been subject to an agreement with the local authority that it be maintained at public expense?
If so, there is no way that you can start thinking about gates across it. You'd be blocking a public right of way.

[swisstonydunn]

Zacsmaster - I was told by the council that the road is unadopted when I asked about lighting following crimes last year.
Buildersmate - It has never been designated for vehicular access according to records just access on foot. I have spoken with the police who say that gates and lighting would be very helpful at reducing crime and they cannot see why there is none in place.

[dustypuss]

Don't think gates think bollards

[Postdog]

I still can't get past the "unadopted" bit but the council have done work. There are a few such roads round here but they are no more than dirt track access, and that's despite there being houses etc.

[themas]

Do you mean it is land which is not owned by the Council but which they are willing to maintain for pedestrian access only? Or is it owned by the Council but not designated as a highway? As the Council has paid to do work on it, I guess the latter. If so, there is no way you can put gates there without the Council's agreement.

Apart from the boy racers, who uses it for vehicular access? Do the residents drive their cars down it to park at their houses? Does the Council drive vehicles down it to get access to the public park (which I assume is Council owned)? If a gate was put up which still allowed sufficient space for pedestrian access beside the gate then I don't see why the Council should object if the only vehicular access is by the residents & they all agreed to a gate (& presumably a remote control device to open it).

[buildersmate]

In light of further info, I pretty concur with Themas. Except that the residents are more likely to succeed if a simple metal posts about 80cm high are asked for, with a swinging hinged bar, padlocked, across a wider gap through which authorised vehicle access occurs to the park and for access for residents. You are unlikely to get lighting - rather more expensive to install. Remote controls go wrong and you'd be stuck in there.

[eltelioni]

You say the there are "... cars using the road and car park ...". Is there a public car park at the end of the road? Or is it a private car park?

[Eve]

Have a word with your local police community liaison officer so see if they can organise some kind of residents meeting with them and the council to discuss crime prevention measures.

There have been a couple of very nasty incidents on the close I live on recently. The police sent out flyers the same day appealing for witnesses and have organised a number of residents meetings, info about setting up a neighbourhood watch system and are planning to block off a cut through (little more than an overgrown track) which is used by kids a lot as a shortcut especially to a local park the other side of the close.

I never managed to get back from work in time for the meetings (they even had a mobile police station here at one point so people could pop in and talk to the police) but from all the information I have had through the letterbox it seems that they are being more than supportive.

They might even be able to arrange greater police patrols and monitoring as a deterrent.

Getting local media involved might also be an idea if it is a significant problem.

Videoing part of the problem (only if you can do it safely though and it won't endanger anyone or cause more problems) could also be an idea.