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?
Further to your response, please see below this mornings reply from Council which is a bit alarming! Your comments would be most welcome;
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.
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
Corporate Web Site http://www.dundeecity.gov.uk