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?
CityCyclingEdinburgh Forum » General Edinburgh
Filtering An Unadopted Road
(9 posts)-
Posted 4 years ago #
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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.
Just looked up difference between unadopted and private road. Unadopted roads have a public right of way over them, private roads don't.
Posted 4 years ago # -
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.
Posted 4 years ago # -
Does that distinction exist in Scotland? I thought right of way was an English concept vs our right of access.
Posted 4 years ago # -
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:
• 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)”.
• 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.
• A private road is simply defined as “any road other than a public road”.The responsibility for maintaining a private road lies with its owners, who are normally the owners of property fronting onto the road.
Posted 4 years ago # -
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.
This leads me to believe the council would need to be involved, with the process being similar to any other road being filtered.
Posted 4 years ago # -
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)
Posted 4 years ago # -
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.
Some of the haul roads to Faslane close for 1 day a year as otherwise the MoD could never close them.
Posted 4 years ago # -
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 this court opinion.
Posted 4 years ago #
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