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 Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

We live in a small hamlet in a Conservation Area in Wiltshire.

Resolved Question:

We live in a small hamlet in a Conservation Area in Wiltshire. We are plagued by rat running traffic. What legal action can we take against our local authority for failing to address this problem
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
What do you say they should do, that they are not please?
Customer: replied 1 year ago.
Doesn't the council have a legal obligation to protect and enhance the Conservation Area? Since they are failing in this duty by allowing ray running traffic to grow and impact on the CA can we seek legal action?
Expert:  Ash replied 1 year ago.
But then if you take them to court a judge is going to ask you, what are they not doing that they should be?
Customer: replied 1 year ago.
They should be taking measures to address the traffic problem such as installing traffic calming measures and signs such as access only or no through road to xx.
Expert:  Ash replied 1 year ago.
You can ask the Council to install these measures. If they do not then you can complain to the Chief Officer of the Council - they will investigate the matter for you. If that does not work then you can then take the next step and go to the Ombudsman. They offer a free, independent service and can look at what you say at: www.lgo.org.uk
Your final option is to consider a Judicial Review. This is where you take the Council to the High Court for not taking steps. A Judge will consider the matter and see whether the decision (or not to) is legal and reasonable. A Judge can agree with the decision or remit it back for further consideration. Clearly to this there is a cost, but it can be effective.
Can I clarify anything for you about this today please?
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex