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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70713
Experience:  Over 5 years in practice
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Can the local council place a bollard on the road restricting

Resolved Question:

Can the local council place a bollard on the road restricting deliveries to a business
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Is this a public road?

Are the bollards removable at any time or permanent?



Customer: replied 3 years ago.

Yes it is a public road,although not a main road,there are a number of houses along it as well as my business.


The bollards are permanent, they are placed at the entrance of the road to narrow the access so our suppliers cannot deliver goods to our store as they use wagons or vans To get onto our road there is a sharp right hand bend off the main road which is a steep road,probably about a 1-5 or 1-6 so any vehicle other than a car can't swing round to drive up our road.


I don't think it is right that they can restrict access like this to a company that has been there since 1950.


 

Expert:  Jo C. replied 3 years ago.
Thanks

Your only option here is to make an application to court for judicial review of the council's decision to install the bollards

If successful, it will make the council review the decision but not necessarily change it.

You can only make application for judicial review if you believe that the council's decision was illegal, irrational, or had not followed the correct procedure of consultation etc.

If unsuccessful, you could easily face adverse legal costs of £10,000 so it might be something that you would want to get everyone who is affected by these pollard's, to contribute towards the potential legal costs.

If successful, you could probably get those adverse legal costs awarded against the council.

There may be an insurmountable problem and that is that there is a strict timescale within which you can bring an application for judicial review and that is three months from the date when the council made the decision.

The time limit is actually much less than that for judicial review of planning decisions although that does not apply here in all probability.

Jo

I'm sorry that this is probably bad news for you.
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