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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I live on a main road and this road is currently being widened

Customer Question

I live on a main road and this road is currently being widened to accommodate additional traffic from a large housing development which is being constructed behind my property. the problem is that they have erected temporary traffic lights (for an estimated 10 weeks) reducing the traffic to a single lane. Their location means that I can no longer exit my driveway safely. this is because the position of the lights is too far away in one direction for us to see if there is any traffic and the lights in the other direction are round a corner so we are unable to see if there are any vehicles waiting there. This means that when we pull out, whichever direction, we have no way of knowing if we are going to meet traffic head on. additionally the single lane runs on our side and whereas with the use of a mirror opposite we have been able to nudge out to check the traffic on the opposite side we can no longer do this as the traffic runs directly outside our entrance. I have spoken to everyone I can to include the developers site manager, the person in charge of the road works and the health and safety officer for the ground work company. the site mgr and h & s agree that it is not safe. incidentally the site entrance is 200 metres further along the road and they have been given their own lights to create a 3 way system. we however are left in a very unsafe situation. I am expecting a phone call from Highways who I have complained to and am wondering if it something which the police can assist me with. I would be grateful if you could tell me of any rights which I have with regards ***** ***** safety etc.
Kind regards
Sarah John
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts : Hello my name is ***** ***** I will help you with this .
Alex Watts : What is it you want to achieve please?
JACUSTOMER-5rtms4kr- :

I want the developer to provide a safe way for us to exit our driveway.

JACUSTOMER-5rtms4kr- :

in addition to the problems listed, once they put cones across one lane opposite the entrance my husband will not be able to get his large van or Jag out

JACUSTOMER-5rtms4kr- :

We are having to fight this because as far as they are concerned they have complied with everything required re the positioning of the lights but it is clear that our safety has not been taken into consideration. Initially the road was to be widened in sections but due to a delayed start it is being done as a whole. I just want to know if we have any rights and whether there are duty of care issues on their part so that we can use the information to bolster our cause. All we have been offered so far is that 'one of the lads' will help us out - laughable as A)they are working further up and b) they are not there after 4.30pm and at weekends! I have suggested an additional set of lights opposite our entrance - only needs to be a very quick slot as no-one is forthcoming with a solution.

JACUSTOMER-5rtms4kr- :

This is causing me enormous distress - it's just awful.

Alex Watts :

How is the developer able to provide a safe way? What do you expect them to do please?

JACUSTOMER-5rtms4kr- :

think of a way to keep us safe - I don't see it is up to me to do their job but as I have already mentioned, a set of traffic lights opposite our entrance would be a good solution. I was expecting you to tell me what rights we have and if they have any form of duty of care - Im not sure where you are going with your questions?

Alex Watts :

Do you know whether they have carried out risk assessments?

JACUSTOMER-5rtms4kr- :

No I don't. How could I find out?

JACUSTOMER-5rtms4kr- :

Should / can I request a copy of the assessment if they have done so?

JACUSTOMER-5rtms4kr- :

However if they have it is probably a generic one and whist our situation certainly isn't are they covered?

Alex Watts :

Sorry for the delay I have been giving this some thought.

Alex Watts :

Do you know if the work has been instructed by the Council or Highways Agency?

JACUSTOMER-5rtms4kr- :

Its part of the ***** ***** Homes planning application for the development. Incidentally the lights have been moved even further down the road and my son was forced to pull into next doors drive to avoid an oncoming lorry - is there anything at all we can do to get this horrific situation stopped until something can be sorted out?

JACUSTOMER-5rtms4kr- :

They are claiming they have approval from Highways - however I am waiting for an inspector to come out to see for himself. But who knows - no-one is interested or cares.

Alex Watts :

Is it an adopted road?

JACUSTOMER-5rtms4kr- :

yes

JACUSTOMER-5rtms4kr- :

no sorry it's a main highways road

Alex Watts :

Ok. There are 2 ways of tackling this. Either against the Highways Agency or the contractor.

Alex Watts :

You should complain formally to the Highways Agency

Alex Watts :

They will investigate your complaint and see if there is a resolution. If not then you can seek a Judicial Review. This is where a High Court Judge will consider what you have to say and see whether the Highways Agency have acted lawfully and reasonably.

Alex Watts :

The Judge can either agree with the decision or remit it back to the Highways Agency for further consideration.

Alex Watts :

The second matter is to raise it direct with the contract and ask that they do something. If they refuse then you can issue proceedings to make them stop work or re-consider the safety precautions.

Alex Watts :

You would need to issue proceedings in Court using form N1

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

And N16a

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf

Alex Watts :

You are seeking an Order that they stop the work or do a proper risk assessment and method statement.

Alex Watts :

The Court will list the matter for hearing and decide whether to make the order

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-5rtms4kr- :

ok will do. Complaints to the contractor has been fruitless but a meeting has been called with Highways and we have asked to be present. Fingers crossed. I will let you know the outcome.

Alex Watts :

Indeed. Can I clarify anything else for you about this at all?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

JACUSTOMER-5rtms4kr- :

Hello. Suddenly everyone seems to be coming out to see me to include highways and the ground working company. Seems traffic lights to the right of us should not have been moved ! (s'thing to do with electricity board) so they have been moved so that we can at least see one direction of traffic. Highways have also suggested placing cones to enable us to have a better visibility to the left. It also transpires that the road is being done I two sections and I am waiting for the ground workers contracts manager to call and show me plans and timing. The guy from Highways did mention a rule which means that the contractors do have an obligation to ensure safety / visibility which is basically what I wanted to know and hoped you woul

Alex Watts :

Great. Thanks for the update.

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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