How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11551
Experience:  30 years as a practising solicitor.
31090051
Type Your Law Question Here...
JGM is online now

When does a property developer have to make up road and pavement

Customer Question

When does a property developer have to make up road and pavement in a private development?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

We bought our house in 2007 in Scotland and were promised when the development of 39 houses was complete in the ensuing 2 years that the roads and pavements would be made up to standard and that the local council would then adopt the roads and pavements. Due to the credit crisis the last house has now been sold but still no sign of the road and pavement being made up. These are an eyesore and potentially dangerous, where do we stand legally?

Thank you

Expert:  JGM replied 2 years ago.
Thank you for your question.
I am a solicitor in Scotland and will help you with this.
Have you been in touch with the planning department of your local council? If not you should do so. The planning consent for the development will specify how and when the roads are to be made up and as you rightly say the roads ought to be made up to adoptable standards. The local authority have the power to serve an enforcement notice on the developer. Alternatively it will also have been a condition of the planning consent that the devloer procure a road bond for the development. A road bond is a type of insurance policy whereby the cost of bringing the road up to standard will be met if the developer does not or cannot do so.
Your first line of enquiry should be to the planning department.
Happy to discuss further.
Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Law
Satisfied Customers: 11551
Experience: 30 years as a practising solicitor.
JGM and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Jo

Further to your response, please see below this mornings reply from Council which is a bit alarming! Your comments would be most welcome;

"

Mr French,

I have been passed your email for me to respond as your queries relate more to the roads within the development rather than the planning.

I can confirm that a road construction consent (RCC) was granted to GL Residential in May 2007 and, as conditioned in the RCC, a road bond was submitted by the developer.

In terms of the Roads (Scotland) Act 1984, the developer is given 3 years to complete the roads associated with the RCC but this may be extended by the Roads Authority. DCC has granted extensions to this RCC but the last extension expired in March 2012.

The developer has subsequently applied to DCC for a further extension but this will not be granted unless a revised road bond is submitted. Discussions regarding this are ongoing with the developer and I have asked for legal advice on how DCC may have the road finished by the developer as soon as possible if the revised road bond is not submitted.

I will keep you appraised of any change in this situation but I can assure you that I am trying to have these roads completed at the earliest opportunity.

Please contact me if you require any further information or to discuss the above further.

Regards,

Mike

==================================================

Mike Giblin

Senior Engineer

Traffic & Transportation Division

City Development Department

Dundee City Council,

Dundee House, 50 North Lindsay Street

Dundee. DD1 1LS

Telephone: +44 (0) 1382 433341

Fax: +44 (0) 1382 433013

E-mail: *****@******.***

Corporate Web Site http://www.dundeecity.gov.uk

Many Thanks

David

Expert:  JGM replied 2 years ago.
It appears that the council have done nothing about this notwithstanding the expiry of the extension in 2012. I think you have to make it clear to th council that the residents would be opposed to a further extension and that they are seeking the council's support in insisting that the roads be completed to an adoptable standard. At the moment there is no authority for the roads not to be completed and there is no road bond. This is a major oversight on the part of the council.
I think you should reply along these lines and also get your local councillor involved and perhaps also your MSP.