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Angry Residents Refute Council's Claims

Wednesday May 29 2013


Athersley residents could face huge bill Athersley residents could face huge bill


ANGRY residents are facing a road repair bill which could cost hundred of thousands of pounds - and the council has said it's the residents' responsibility.

Around 35 householders at Cypress Heights in Athersley were left with an 'unadopted road' when a developer working on the estate went bust.

It emerged that legal agreements under the Highways Act - which should have protected residents against such a risk - were not in place.

Now Barnsley Council says the highway is a private road - and is the residents' responsibility.

The council has advised them to contact solicitors.

Neil Bailey, 38, said: "The road is deteriorating and is a mess. People will not be able to sell their houses because it is not adopted and that will show up on searches.

"There is also a compound left by the builders where they kept all their stuff and kids are getting into that. It's a hazard and an eyesore."

Cllr Roy Miller said the council was exploring how much it would cost to bring the road up to adoptable standards.

But he said: "Such work would have to be at the expense of the adjacent residents in the absence of any financial security for the council to finance these works."

Mr Miller said residents would have bought their homes knowing there was no such security. But one, who did not wish to be named, said: "The council should have ensured the necessary orders under the Highways Act were in place. The road is not our responsibility."

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Reply Posted by tarn lad on Wednesday May 29 2013 at 15:08
Council can waste thousands when it suits them ie: comb statue whatever it is in town hall gardens but they cant repair a private road (so can only the residents use it then) and what about the residents on midland road royston where there propertys are cracking due to the speed humps with all the traffic what passes over and even a local counciler says they need changing an stagecoach have complained about them damaging there buses

Reply Posted by STEVO on Wednesday May 29 2013 at 15:34
Erm, The road is PRIVATE.
This means that the residents will have t fork out for any repairs to the road and rightly so, why should the council repair a private road?

I have a few broken flags on my patio, I might ring the council to see if they will replace them for me.

You people really don't live in the real world.

Reply Posted by Jamie on Thursday May 30 2013 at 00:03
Some people may take offence to the issue but some of us do live in the REAL WORLD and some of us do work hard to provide valuable ameneties and requirements of the general public. In return for this some are awarded with the ability to be able to provide, support and house their families a little better.

On the flip side of the coin, these few do have to sacrifice over 40% of their hard earned wages to provide for all the lounge lizards across the country. In turn also being able to provide a higher standard of accommodation means higher council tax rates.

So the reason that the residents of Cypress Heights may seem a little miffed, is the simple fact that none of us were aware that a thriving company such as Portford homes were to go bust. Let alone being told that they will have to cough up many thousands of pounds to repair their so called private road. Just because a loop hole has being created enabling the local council to kop out of paying. Is it enough to be exploited only to recieve the service of your dustbins being emptied and no more!!!!! Half the street lighting does not even work either, providing further hazards so maybe being treated as mushrooms is what is expected.

Reply Posted by Simon Walsh on Thursday May 30 2013 at 07:33
If its not adopted from the picture on the story it seems it has been tarmaced over cobbles, who did that?

Reply Posted by Rachel on Thursday May 30 2013 at 13:37
No one has put Tarmac over cobbles. That's just a picture of any old random pothole. As for the road being "PRIVATE"!!! It's just a normal street like any other in Barnsley. So when the Councils contractors are putting porta loos and leaving heavy machinery overnight on our "PRIVATE"!! road then that in my eyes is TRESSPASSING!!!!

Reply Posted by Fred on Thursday May 30 2013 at 21:04
Rachel, If they're tresspassing phone the police!
It's quite simple if its a private road it's down to you !! Maybe you should look a your solicitor or surveyor for not bringing this to your attention when you purchased your house, they are liable if they failed to inform you. However in guessing they did !

Reply Posted by Cathy on Thursday May 30 2013 at 22:13
I would consult a solicitor and hope something can be done.

However if the council haven't failed in any way then they shouldn't have to pay.

I have a colleague who lives near Doncaster on an unadopted road, its a real mess, you need a tank to drive down it.

I wish you luck.

Reply Posted by Rachel on Thursday May 30 2013 at 23:30
Cypress Heights is not in Athersley!!! Oh by the way STEVO!!! Would ya like me to send you some of my polished turds to fix ya broken flags? It might keep ya quiet for a bit instead of putting belittling comments. It sounds to me like you must live in a mansion!!! I doubt it!!!!

Reply Posted by stevo on Thursday May 30 2013 at 23:42
I don't have broken flags, I have 2,600 SQ Ft of yorkshire stone on my patio.
It was merely a tongue in cheek response at the post at the top and the fact that everyone expects something for nothing, comprende?
So google is now telling me cypress tights is off carlton road,hmm within spitting distance of a council estate?

Reply Posted by Agent on Friday May 31 2013 at 14:51
If its a private road, and not the council problem

Resort to removing your own waste every week,

You pay a substantial part of council tax for road/highway management
They won't manage your road , don't pay!!

Reply Posted by meg on Friday May 31 2013 at 15:21
time 4 changes wi council!!!! we need people who live in real world 2 work on council!!!! clowns wi money sit in offices n mek rules up as the go along!!!

Reply Posted by Barnsley Truth on Friday May 31 2013 at 16:55
The road is unadopted and so it is private. The residents should have checked this in their searches and got assurances from the vendors solicitors that the road was upto adoptable standards when the purchased their homes.
I hope the council will not be spending my council tax on this private road. The residents are looking for someone to blame other than themselves and the council seem to be an easy target.

Reply Posted by Rachel on Friday May 31 2013 at 18:45
To put some people straight! The residents are not blaming the council but the developers. The houses are new builds so there were no vendors at the time of purchase only the developers who were still building houses when people were buying so therefore it didn't come up in searches as it was still a building site. The point is that when the developers had finished building all the houses they did finish half the road & said they would do the rest so it could be adopted. Instead they went bust & we're now left with a half finished road that is dangerous. We pay as much council tax as everyone else and we're not asking for handouts from the council. The developers are to blame who seem to have kept us in the dark about their intentions. At the end of the day all we want is for them to come and clear all their scrap and rubbish at the compound and a safe finished road instead of piles of hazardous concrete in front of dropped kerbs that are too high and potholes that get bigger everytime it rains!!!!

Reply Posted by les on Sunday June 2 2013 at 00:05
If you book a flight with a company and it goes but. you dont fly.
If you book a holiday and the company goes bust.
No holiday
if the company who puts down your road and goes bust and its not adopted.
No road
there are loads of cul de sacs built on new estates and are unadopted and the owners know they are responsible for there part of the road.
There are loads of tinkers who would be happy to do your road for you

Reply Posted by Lionel on Sunday June 2 2013 at 16:57
Why should the residents be responsible for the road, lights and drains? The council look after this elsewhere but because of a loop hole they've washed their hands of us. Shame on them how is this fair?

Reply Posted by guesty mcguest on Sunday June 2 2013 at 18:48
Its a bit of a grey area really I know some people that live on Darton Lane a main road, but there road is shocking as it is a side road and unadopted, they have street lights though and a path through the road. Further down darton lane near the school on another side road its adopted. bit strange they both on the same road.

Reply Posted by les on Sunday June 2 2013 at 19:45
There is no grey area its an unadopted road the council whont budge .
If you lived in a council house on an unadopted rd they wouldnt touch that either....if its your responsibility then technically you own the road in front of your property but with access.so your insurance should cover it or get seperate insurance