http://citycyclingedinburgh.info/bbpress/ CityCyclingEdinburgh Forum » Topic: Filtering An Unadopted Road en Thu, 21 May 2026 08:29:55 +0000 http://citycyclingedinburgh.info/bbpress/topic.php?id=20567#post-350077 Wed, 28 Apr 2021 18:04:13 +0000 Morningsider 350077@http://citycyclingedinburgh.info/bbpress/ <p>What constitutes a "public right of passage" and how that might be created is pretty complex. If you are really, really keen to find out more then have a look at <a href="https://www.scotcourts.gov.uk/search-judgments/judgment?id=6dc48aa6-8980-69d2-b500-ff0000d74aa7">this court opinion</a>. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=20567#post-350073 Wed, 28 Apr 2021 17:42:48 +0000 Murun Buchstansangur 350073@http://citycyclingedinburgh.info/bbpress/ <p>The "right of passage" has to become established, I believe - so basically in the case of "smooth tarmac on your land", if you leave it open to traffic all year round for a certain length of time, so the right of passage becomes established, you can no longer fit a locked gate, whereas if you did it at the outset, then fine.</p> <p>Some of the haul roads to Faslane close for 1 day a year as otherwise the MoD could never close them. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=20567#post-350066 Wed, 28 Apr 2021 15:58:37 +0000 Dave 350066@http://citycyclingedinburgh.info/bbpress/ <p>Although it's kind of weird, if you imagine that you built some smooth tarmac on your land, now you can't put planters on it because it's a road and there's a right of passage... but you could presumably dig it up again. It all hinges on what establishes the right of passage (in a motor vehicle) </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=20567#post-350064 Wed, 28 Apr 2021 15:12:12 +0000 Rob 350064@http://citycyclingedinburgh.info/bbpress/ <p>Ok great - so that would mean this IS a private road but that the private status is purely to do with who maintains it, and all roads have a public right of passage.</p> <p>This leads me to believe the council would need to be involved, with the process being similar to any other road being filtered. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=20567#post-350063 Wed, 28 Apr 2021 13:23:19 +0000 Morningsider 350063@http://citycyclingedinburgh.info/bbpress/ <p>Legal definitions around public and private roads are set out in Section 151 of the Roads (Scotland) Act 1984, which can be summarised as follows:</p> <p>• A road is defined as “...any way (other than a waterway) over which there is a public right of passage (by whatever means and whether subject to a toll or not)”.<br /> • A public road is defined as “a road which a roads authority have a duty to maintain”. Such roads are included in the list of public roads kept by each roads authority.<br /> • A private road is simply defined as “any road other than a public road”. </p> <p>The responsibility for maintaining a private road lies with its owners, who are normally the owners of property fronting onto the road. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=20567#post-350061 Wed, 28 Apr 2021 12:46:56 +0000 acsimpson 350061@http://citycyclingedinburgh.info/bbpress/ <p>Does that distinction exist in Scotland? I thought right of way was an English concept vs our right of access. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=20567#post-350060 Wed, 28 Apr 2021 12:39:13 +0000 Rob 350060@http://citycyclingedinburgh.info/bbpress/ <p>Thanks, I was unaware there was a distinction. I'm not sure which of those it is, only that it isn't marked on the council adopted roads map. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=20567#post-350054 Wed, 28 Apr 2021 12:09:16 +0000 urchaidh 350054@http://citycyclingedinburgh.info/bbpress/ <p>It's been done on the part of Durham Place Lane between Duddingston Park and Park Avenue, which I believe is unadopted. No idea on the process, though.</p> <p>Just looked up difference between unadopted and private road. Unadopted roads have a public right of way over them, private roads don't. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=20567#post-350052 Wed, 28 Apr 2021 11:49:03 +0000 Rob 350052@http://citycyclingedinburgh.info/bbpress/ <p>Does anyone know how/if it would be possible to filter (bollard/planters) a road which is unadopted by the council? Would the council need to be involved? </p>