Parking / Blocked access

[jakeyboy4398]

I live on a private rd where there are 8 houses and I am at the end.

 

There is a right of way for residents across the private rd so they can access their properties

 

but recently a chunk of farmland which is opposite the row of houses has been changed into allottments.

The allotment is privately owned and not a council run allotment.

 

The constant blocking of access is causing severe problems for residents on the private rd because allotment holders are parking their vehicles on the private access rd.

This means either we are blocked in or blocked out of our drives on a regular basis.

 

Despite talking to allotment holders and the allotment owner problems persist.

(the allotment holder owns part of the private rd but there is a right of way across this rd)

If there was an emergency then emergency services would not get past.

 

Is it against the law to block a persons access (ie to block my access out of the private rd onto the public highway ?

 

Is it against the law to block my way in to my drive from the public highway onto the private rd ?

 

Is it against the law to block access for emergency service (i know its stated cars should not block access for emergency services in the highway code)

 

Its becoming really very upsetting and as we thought a simple friendly word or 2 would stop it happening but sadly this has not worked.

 

Any ideas on a sensible way forward.

 

No one wants a war, we just want to beable to access our properties and feel secure if an emergency were to occur.

 

I am starting to think of calling the police next time it happens but do not really want a "them and us situation" with the allotment holders/owner.

 

Its just not nice, when there is no need for it.

 

A bit of consideration is all that is needed.

 

Thank you

[raydetinu]

If you have aright of way, then yes call the police, you cannot block people in or deny access.

Can you not put a notice up to the affect that the road should not be blocked and access is required at all times, emergency etc.

[jakeyboy4398]

Hi Thank you.

 

I put a polite friendly temporary laminated notice up

 

just asking allotment holders to refrain from blocking access for residents and stating access was required at all times and its been taken down.

 

Two sundays ago 2 cars parked side by side on the opposite end to me and neither myself nor my neighbour could get in.

 

In fact the way they parked no one could get in or out.

 

Last sunday we could not get out because a van and a pick up parked down the rd blocking the way.

 

I have always thought speaking directly to the people and being polite and freindly along with appealing to the better side of them is the best way forward

but sadly this nicely nicely approach is not working.

 

Really no one should park down there at all and they should certainly not be parking in such a way to block access totally.

 

Other times they park so close to my neighbours vehicles they are afraid one day of getting their cars bumped/scratched.

 

Sometimes i get through by "the skin of my teeth" which again is not acceptable really.

[dx100uk]

the changes of use of land

MUST have been done through the council

and with their ok

 

WHY was the parking arrangements not addressed by the owner of the land in the application.?

 

I think you need to attack this from the top downwards

 

were you made aware by way of notice on the local lamp/telegraph posts or land gates etc

and through your door of this 'change of use' of this land?

 

they cant just turn it into allotment's

 

without having convinced the council/highways there is no issue with parking.

 

someone has slipped up

 

this is not your problem if you get what I mean.

dx

[citizenkain]

yes,usually when a change of use is being considered they are supposed to put notices up in that area asking for any objectors to get in touch with the planning officer in the council

[dx100uk]

parking is part of EVERY application

 

the council would have agreed there was no issue

 

get on their back.

 

dx

[jakeyboy4398]

Thank you for your reply.

 

I have been told that 30 odd years ago it used to be allotments (and apparantly some locals substantiate this)

or I think the term used was market garden (though i doubt very much there were 16 and think possibly it was just one big allotment, though cannot say for sure)

and they are just reinstating them.

 

Do they still need to apply for change of use if this was the case ?

 

It has been overgrown for the entire time i have lived here 14 years.

 

It really is becoming a nightmare

16 allotments accessed by turning from a lane onto a rd which you cannot go into or out of without one car reversing

then the allotments themselves are accessed off this rd which is the private rd I live on.

 

They were denied permission several times for building on the land due to access problems

but it seems they can just reinstate an allotments/market garden without even any consultation with residents,

because no one on my rd was consulted.

 

Thank you

[jakeyboy4398]

There has been no planning application.

[dx100uk]

IMHO the council is still your target.

 

if they have repeatedly refused building due to access issues

that does wonders for 'your' problem

as it is already has hi-lighted issues.

 

ok it appears all of this relates to private land and private roads

 

but its worth a try.

 

planning debt might be your 1st port of call

 

though I bet you'll get involved with highways.

 

if/if not they can do anything is diff to judge from afar.

 

dx

[dw190]

Alternatively get all the residents to agree to create their own blockage of the entrance each day in turn.

 

Usually allotment holders visit at regular set times so if planned correctly the residents will keep the entrance blocked and only clear it for residents to come and go. A well planned rosta will soon see them off.

[jakeyboy4398]

As this was 30 years ago and the use of cars then was significantly less I would have thought we might have an issue they wud address,

 

also if the market garden was only a single allotment (though i am not certain about this)

 

and not 16 but seems the council are not interested.

 

Any other ports of call other than the police when it happens again.

 

Thank you

[Conniff]

If the road is solely owned by the 8 houses, then perhaps you can come to some duty roster where one of you parks their car making it impossible for other to pass.

Of course you would need to be prepared to move when one of your neighbours wanted in or out.

[jakeyboy4398]

Hi

I know what you are saying but we wanted to avoid that kind of situation if possible as it may heat things up

and a couple of us are single women on our own so not really keen on what could become aggressive exchanges between residents/allotment holders.

 

Those kind of situations can cause sleepless nights and a lot of stress.

 

Not really sure what the answer is as I guess calling the police is not going to be liked

but an official police officer may be all it needs to instill some sense into them.

 

Maybe the council might have some authority re blocking public highway or even preventing access for emergency service,

maybe I should ring and enquire if they can help.

 

Its made more difficult because the rd is private and the allotment is private,

[Conniff]

Print out notices to put on the cars telling them it is a private road.

 

The police will come if you can't leave a property but not if you want to gain entry.

[citizenkain]

you need to get on to the council,its them that will sort this,go there first

[ericsbrother]

A smallholding is very different from an allotment but if, as you say, the land is privately owned then you need to inform the landowner that you are considering legal action against him to end this "nuisance". As suggested, the council should be a port od call in this as they will know who the land owner is and what access rights exist.