I want the developer to provide a safe way for us to exit our driveway.
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
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.
This is causing me enormous distress - it's just awful.
How is the developer able to provide a safe way? What do you expect them to do please?
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?
Do you know whether they have carried out risk assessments?
No I don't. How could I find out?
Should / can I request a copy of the assessment if they have done so?
However if they have it is probably a generic one and whist our situation certainly isn't are they covered?
Sorry for the delay I have been giving this some thought.
Do you know if the work has been instructed by the Council or Highways Agency?
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?
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.
Is it an adopted road?
no sorry it's a main highways road
Ok. There are 2 ways of tackling this. Either against the Highways Agency or the contractor.
You should complain formally to the Highways Agency
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.
The Judge can either agree with the decision or remit it back to the Highways Agency for further consideration.
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.
You would need to issue proceedings in Court using form N1
You are seeking an Order that they stop the work or do a proper risk assessment and method statement.
The Court will list the matter for hearing and decide whether to make the order
Can I clarify anything for you about this today please?
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.
Indeed. Can I clarify anything else for you about this at all?
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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
Great. Thanks for the update.