Petition updateStop Local Authority Land GrabThe Nitty Gritty
Rachel Gilbert-CornishYORK, ENG, United Kingdom
Jan 29, 2023

We've passed 200 supporters and that's an amazing start.  Thank you very much!  

I've been asked a few questions and yes the land that includes my drive is on my title deeds.  Someone wanted to know how the council was satisfied all street works were carried out to my drive, which is a discretionary power the local council can massage to get the results they want.  

I was told that fighting the council's decision was the only way to oppose the adoption otherwise it looks as though you've accepted the decision.  In order to fund the judicial review, I had to take the money I borrowed for my house renovations, which is why my house isn't yet completed two years on.  But, my experience of a judicial review was a joke.  Even though you pay as much for the process, you don't have equal footing.  My judge admitted to not reading all the caselaw that was included in the bundle, which was relevant for him to make the most informed decision.  He certainly said my drive was communal because there was a photo of someone parked on it, but he didn't realize the car parked on the drive was the owner of the drive.  Yikes!  

There are so many issues associated with s.228(7) of the Highways Act, but the biggest problem is neighbours can get together to adopt and use land outside their ownership, and then create a ransom strip, blocking the landowner from developing their own land.  Please sign my petition on the UK Parliament Website to get this legislation changed immediately: https://petition.parliament.uk/petitions/632177

What can you do if the council adopts your drive or land using s.228(7)?  First, check and see if it wasn't a mistake.  Reasonable councils will make adjustments proportional to their powers and conduct a ratio analysis of public expenditure vs function and benefit of the road adopted.  The council is under no duty to adopt a drive.  If it's not a mistake, you can request your council's financial records for the year and expose their investment in adopting your drive, and then you can have the road stopped up because you can do that under s.247 of the Town and Country's Planning Act, showing that your council has just wasted x amount of pounds on a process/defending a process that you can legally reverse.

For more questions, I can be reached: coyotes_sugars0c@icloud.com.  Now, if you live on a road that should be adopted and your council refuses to adopt it, I might be able to help.

Thank you for your ongoing support!!!

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