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When does a footpath become a requirement on a private road?


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Hi all,

 

Frustratingly trying to get any information from the LPA regarding this topic. We're selling a plot with permission that includes a private road which is wide enough to service 5 properties in total. We did this to future proof ourselves incase we were in a position to progress further into the land. The approved plans do not include a footpath and my planning consultant is erring on the side of caution stating that we need to make sure we retain ownership of a strip of the land that we are selling, just in case a footpath is a necessity for future development. Now, I'm OK with that however the buyers are, understandably, not. I get it, I wouldn't want my front garden pulled to build a footpath.

 

So I was wondering, does anyone have any experience with Private / Unadopted roads servicing multiple properties? Did you have to include a footpath? Is a footpath only required after a certain number of dwellings are built?

 

Thanks. 

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Our build is in a private road, it is a not a public right of way (although technically a no through road you can walk through the end but not drive), we are responsible to the center of the road and there is a fixed (ish) width. I would watch out for future owners building a gated community but after that there is no law to stop someone walking up / down it anyway - as here. HOWEVER given the pa-lava @garrymartin is having a footpath that connects to the national network sounds like a very good plan and might aid planning issues further down the track. 

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Up here, if you go above 5 properties on a private road, that triggers a requirement for you to upgrade the road to highways standards and the council to adopt it.  Check if that applies where you are.

 

And one of the plots we considered buying had a clause in the planning, no building on the first 3 metres from the road, to allow for a compulsory purchase to widen the single track road.

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