Planning permission on unadopted road

[Alfieyboy26]

I have recently applied for planning permission to turn a six bed HMO to a eight bed HMO. The planning department have come back with the local highways asking for £5000 pounds contribution towards improvements to the road based on there being an extra two vehicles using it. The local council/highways have never done any work on this road and they don't own it do they have the right to asked for this contribution from me and to turn down the planning application if I don't agree to it
It's very hard to find information I need so would appreciate anyone with experience in this.

[des8]

hi and welcome
The law on the maintenance of private roads in England and Wales is largely contained in Part XI of the Highways Act 1980.(https://www.legislation.gov.uk/ukpga/1980/66/part/XI)
Briefly, a private or unadopted road is by definition a highway not maintainable at public expense.
The local highway authority is therefore under no obligation to pay for its maintenance.
Responsibility for the cost of maintaining a private road rests with the frontagers (the owners of properties which front onto such roads).
Statutory provision allows the street works authority to require frontagers to undertake repairs or improvements.
Where the frontagers fail to act as required the authority may execute the repairs itself and recover the costs from the frontagers

[Crazy council]

Hi

Yes, they can refuse planning becuase of this, Usualy they will use parking or acsess restrictions and say the roadway improvments are required first. 5K is not bad for what you getting.