Re-instating access onto highway

Re-instating access onto highway

Postby miranova » Mon Sep 25, 2017 1:57 pm

This is not strictly a ROW issue, but I thought this was probably the best place to pose my question - please let me know if not..

We are hoping to buy a field which currently has access via a restricted ROW through an adjacent business park - the ROW limits access to the use as it was in 1991 (horse grazing). The vendor has also told us that there is a disused gate onto the main highway which 'could be reopened' but to make our own enquiries. The gate is very hidden by bushes/brambles etc, and we know it has not been used in at least 11 years, and most likely for c30+ years.

The access is not visible at all from the road and the access point is right on the junction with another road on a bend - cars come round this bend quite fast and it's hard to see how this access could be used safely. The vendor has implied that there is a right to re-open it, and that it would be up to Highways to make it safe.

Can anyone advise on this please - if we were to buy it, would we have the right to re-open it, and then would Highways have to make it safe? Or is it the case that we can only re-open it with permission from Highways?

This issue does not affect our desire to buy the field, but it could affect the market price of the land..
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Re: Re-instating access onto highway

Postby MacadamB53 » Mon Sep 25, 2017 2:26 pm

Hi miranova,

the owner of the field and visitors can use the gate if they so desire - don't need to ask for permission to clear the overgrowth, etc.

however, the HA are not compelled to carry out any works on the highway to make using the gate more safe/practical and are unlikely to do anything unless it's funded by the requester (and any works done will be as advised by HA, not the requester).

kind regards, Mac
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Re: Re-instating access onto highway

Postby miranova » Mon Sep 25, 2017 7:49 pm

That's very helpful - thank you!
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Re: Re-instating access onto highway

Postby jdfi » Sat Oct 14, 2017 10:17 pm

Clear the vegetation and start using it.

If anyone from highways/police has an issue they will make it known.
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