Unadopted road

[Busby15]

I have applied for planning permission for 3 terraced houses on an unadopted road. There are approx 7 houses already on the road. The council insist that we have to repair the road ourselves, otherwise permission will be refused. Surely this can't be right?

[bednobs]

why not? Isn't that what unadopted road means - the council don't look after it but the residents do?

[Busby15]

yes but surely all the residents, they want us alone to full repair the road

[jackthehat]

How much will it cost you set against how much you stand to make from the sale of the completed houses ?

If this is a condition of the Planning Consent, you obviously have a choice, don't you ?

[redcrx]

well youll be causing the most damage to the road, presumably, with the builders and lorries putting it to continuous use.
Sounds fair enough to me that you should pay for a full repair once the houses are completed.

[Busby15]

Surely the council aren't legally able to insist on us footing the bill, when they have no claims to the road?

[jackthehat]

They would be pretty silly to insist upon something outside of their powers.

[vibrasphere]

they can, that is what unadopted means, the council have no liability for the road

[Busby15]

surely the other residents should pay towards the cost? How come they should get off scott free?

[vibrasphere]

that is a good point, although if they are happy with the road as it is then what do you do?

One thought is that will the value of the 3 proposed builds increase sufficently to warrant the expenditure? As in worth 30k on unadopted road but 35k on adopted road?

[jackthehat]

Perhaps you would be better advised in getting a legal firm to look at the case ?
They will be able to perform the requisite searches, etc. for you.

You will have to repair the road as a condition of receiving Planning Consent. There may be some mechanism by which you can defray the costs by approaching the existing residents. Of course, there may not and you'll have to stump up the cash yourself....................or not proceed with the intended project.

[joko]

if you want it done and they arent bothered then you cant make them pay for what to them is unecessary work
i certainly wouldnt pay for somethign just to benefit you

[buildersmate]

Although you don't use the term, what I reckon you mean is that the local authority wants you to bring the road up to the necessary standard such that it can be adopted by them. Do not underestimate the cost of doing this - it is not simply a case of whacking a bit of tarmac down.
The council are perfectly entitled to ask for this as a condition of granting planning consent and you will most probably be expected to enter into a Section 106 legal agreement to make sure you deliver on it.
Since you will be making a planning application in order to make a shed-load of money for yourself from the planning gain on the site once it has PP (rather than to help the needy of your area to find a home), think of it as a minor offset in profit to yourself.
Welcome to the world of the property developer.

[cassa333]

Is there anything in the deeds of the other (and yours) property about maintaning the road? As an unadopted road it will belong to someone. whether that is all the residents or an abscent owner there may still be something about it written in the deeds.

However, as has been said, the council can make it a condition of planning to make the road up to standard. If you are then able to get a share from all property owners then that is a matter entirly up to you.

Big or small developers have to do this sort of thing all the time. They have to take it into consideration when deciding on purchasing land.