Road closure

[emmerson]

Very loosely linked to caravanning, as I won't be able to get out!
Our local authority proposes to close the public road to eight properties for two weeks during the working day. This is to allow bridge strengthening work, which none of us residents want. They say that we will have to park our cars on the main road, two hundred yards away, up a 1:4 hill, and walk to and from our properties. There will be pedestrian access across the bridge, which will involve the workmen stopping work, moving equipment etc to let us cross.However, my wife is disabled, and cannot walk up the hill, nor can I push her up in her wheelchair, so we need to get the car to the house. There are also other neighbours in similar predicaments.
With regard to emergency services, the LA says that if the workmen are given 15 minutes notice they will clear the access.
Can the LA legally prevent vehicle access to our homes?
I've tried various internet sites for info, but they all seem to answer right of way questions.
I have spoken to the LA, and he refered me their legals, who are not available on Friday afternoon.
I don't want to be awkward about this, but I'm not happy about Herself being a prisoner for two weeks.
I should also point out that I do have good relations with our LA, as i work closely with them at times.
Anyone else had this problem?

 

[Sproket]

Something for you to read ....Might be a load of tosh but see ( page 7 )
O1.1.1 In the operation and maintenance of highway networks,......

 

[emmerson]

Thanks Sproket, but I've waited ten minutes and it hasn't finished loading yet! I'll try later.

 

[Sproket]

Emmo are you on dial up ??........ check your download speed here .....

 

[Sproket]

Emmo are you on dial up ??........ check your download speed here .....

 

[ProfJohnL]

Hello emmerson,

I can't give you a definitive answer, but I too have experienced a road closure that caused significant disruption to access to my property for 6 months, but not as severe as you suggest yours is going to be.

If your argument is "the bridge does not need to have its capacity increased", I fear your probably too late to change that decision. It is usual that such proposals are published and opened to public consultation then considered and irrevocably approved well before the works start.

Unfortunately I have a strong suspicion the highways authority/council do have a right to temporarily close roads and accesses to carry out essential repairs/improvements to the highway, pavements or the services under it. Its a sad fact that sometimes a few people are directly affected by road works. Some forms of inconvenience are eligible for compensation.

If I have read your posting correctly, you will have a problem because the works will prevent vehicular access to your property, and the nearest parking location is on the far side of the works and up an unmanageable hill. You will be provided with pedestrian/wheelchair passage through the works, but you then have the steep hill which as a result of your health you cannot manage.

I do suggest you discuss your access issues with the highways department and the councils disability access officer (though I realise you probably already have).

Clearly I do not have access to the details of the works but I do have a few suggestions.
The contractor can be required to to provide a safe waiting/loading area on the road side of the works for pedestrians, which will allow mobility impaired persons to wait whilst the driver collects the vehicle from the top of the hill. or a they may need to provide a transport facility to the top of the hill. This could be paying for a taxi service from the works to the car park. The contractor might consider providing a motorised scooter for your use.--- just some thoughts

 

[Dustydog]

Hi Emmo
Just a few thoughts.

Have you discussed the issue with your LATown Clerk?
It's worth a letter to your MP detailing the difficulties you and Mrs Emmo will face.
The Employer, Highways Agency or whoever has a duty of care to ensure an alternative access solution is in place both for a resident and the energency services. This happened near us recently. A bridge was shut for 16 weeks . A detour of 6 miles set up but at least everyone had access.
Check your household insurance policy. It may have a Legal Expenses section that may help your situation.
Try and get support from your GP.He /she may be able to write out a case for you theat the Employer / Contractor must provide an acceptable alternative access.

 

[Gabsgrandad]

Hopefully not sounding flippant, - but how about caravanning for that fortnight at the council/contractors expense?

 

[emmerson]

Thanks everyone. Most of the suggestions I'm looking at. I spoke to our solicitor last night and her gut reaction is that they cannot do this, but will check further on Monday.
I agree that the LA can close a road for emergency work, but my argument is that this is not only not an emergency, it is not even neccesary! The LA spokesman on Friday more or less admitted that when finished the work will make no difference whatever to our access.
They are strengthening the bridge up to 44ton limit. The bridge allows my caravan across with only three inches either side, and the lane goes nowhere.It becomes an overgrown footpath 100 yards up from my place.
I may be able to sort a solution for ourselves, but there are other elderly people in the lane too, but my possible solution would not be available to them.
Watch this space. This could run for quite a while.
I intend to speak to the LA legals tomorrow, then get in touch with our ward councillor.

 

[emmerson]

I forgot to say that there has been no consultation about this. The first we knew of it was when info letters were hand delivered on Friday.
gabsgrandad, going away in the van for the duration of the job has crossed my mind! It could well be the best option.Work is due to start in March, but no confirmed date yet.

 

[Surfer]

They are strengthening the bridge up to 44ton limit.

I think you can thank the EU for forcing the LA to upgrade the bridge to accommodate the heavies from teh EU to use our roads. This is happening all over the country however I would have thought that some bridges would be exempt?

 

[HenryB1]

What a waste of money upgrading all bridges. We have 2 road over railway bridges about 200 hundred yards each side of the entrance to our drive that serves 5 houses. Our lane connects one side of our village with another, but is not the only route possible. About 5 years ago the Highways authority decided that we should be upgraded to 30mph speed limit have lights and a footpath as lane is used by local junior school children walking to school. Both bridges were deemed to be weak. The rebuiling of the lane was scheduled to take 18 weeks but contractor finished in 12. It was decided cost of strenghtening bridges was too expensive so one bridge was classified as weak and had a 3.5 ton limit with 6'6" width limit placed upon it. They enforce this restriction with a physical 6'6" wide barrier. Net result is that heavy HGVs can get access to all of the lane if they come from either end, but cannot pass down the whole lane. The contractors were great, if we needed to get in or out during their work we only had to drive car to where they were working and they would move any obstructions so we could get through. If I needed to get caravan in or out I would speak to forman and he would have metal plates placed over holes so that I could get van in or out. I could not praise them enough. It seems that you are having more problems because your road does not go anywhere after you. Keep pressing, I think the emergency vehicle access is essential.

 

[emmerson]

Something for you to read ....Might be a load of tosh but see ( page 7 )
O1.1.1 In the operation and maintenance of highway networks,..
Sproket, I finally got there! Interesting site. I've got a couple of quotes now for the legal bods. Thanks.....

 

[emmerson]

Three people supposed to ring me back today, LA legal dept, LA highways and local concillor.
Guess how many have done so?
Clue - its less than one!
Ah well, I live in hope.

 

[emmerson]

LA legal rang me this am to say that the person I need is on leave until Monday! Ah well, at least they did ring back, albeit a day late!
A council gang turned up this morning to cut a 12" trench across the bridge "for exploratory work". They put plastic plates over the trench and went away. Then two technical fellas turned up, blocked the road with their van and proceeded to do technical things. When asked to move, and replace the plates so that we could get out, they were a bit stroppy, so I phoned the LA and passed the phone to the boss techie. They then replaced the plates, apologised and let me out. Apparently they hadn't been told to keep the road open, and to move their kit to allow access.
One problem satisfactorily solved. After lunch, the LA gang returned and filled in the trench.I walked the dogs past them and they said that they had been instructed to keep the road open, and were supposed to stay with the techies, but they had gone for breakfast, and the techies had turned up early.
Perhaps I should report the techies for working without lots of flashing lights and safety barriers!
To be continued.......................................

 

[seth1]

Seems the LA cant win,we all moan including myself about having to pay road fund license due to how bad condition the roads are and here we are getting road improvements.Surfer how can you blame the EU considering UK trucks gross at 44tonne whilst the EU counterparts gross at 40 tonne?Bizzare.

 

[emmerson]

Seems the LA cant win,we all moan including myself about having to pay road fund license due to how bad condition the roads are and here we are getting road improvements.Surfer how can you blame the EU considering UK trucks gross at 44tonne whilst the EU counterparts gross at 40 tonne?Bizzare.

Seth, you appear to have missed the point here. It is not a road improvement. The bridge is only 8ft wide, therefore is physically incapable of carrying anything bigger than my Royale! It does not need strengthening, as it is more than capable of carrying the three tons it is currently restricted to.My argument is that by doing this work they will prevent Herself (and other elderly neighbours) leaving the house during the working day for two weeks.We have no alternative access.
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[Surfer]

What really annoys us is when the partly block a road for weeks and you never see any one on site doing any work! The other week on our way up to see Wheatside Park we had to go through road works and they had 13 vehicles there, about 20 men and only one doing any work in a trench. The trench was being dug on the pavement and the road was not affected!

 

[emmerson]

Latest development: My local ward councillor asked for an update from the LA, in the form of an email copied to me. In it, the engineer explains in much more detail why the work has to be done. The major difference between this and his original letter to us residents is that the survey twenty years ago found cracking in the bridge structure. They did not have the money to carry out repairs then so simply downgraded the bridge to three tons! Now that the Welsh Assembly has offered to fund the job, all three restricted bridges in the valley are to be strengthened. This is bit different from the original tale, and makes a significant difference to my attitude to the work. Also, the engineer has agreed that when we need to go out, space will be made at the main road side of the bridge for me to bring the car down to pick up Herself, at the bottom of the hill up which she cannot walk. So, a reasonable compromise, I think, but the whole confrontation could probably have been avoided if I had been given all the info at the start. I can still see a few small problems arising, but I'm sure we can work around them.
Once again, well done and thank you to my local councillor!

 

[Dustydog]

Well done Emmo

There are matters that can be resolved by local Councillors and MPs. They are afterall our "employees" !! Glad it's worked out for you and Mrs Emmo

 

[emmerson]

thanks for your comments DD. As the local councillor is a friend of ours, I try to avoid involving her whenever possible, as I know the workload she is under,
A couple of years ago I had a land dispute with our LA over a border. After three years, I got cheesed off and asked the councillor to intervene. It was settled within three HOURS!
As you say, sometimes its neccesary to bring up the artillery!