Upgrading a private street

[Guest]

My first time here. I would be very grateful for any advice or clarity that can be given.

We have applied for planning to self-build a family home. It is a brownfield 'backland' plot with access to the public highway via an unadopted road which enjoys a public right of way but is not funded with public money. It is also a designated 'weak road'. Some sections of the lane are privately owned and some are unregistered.

The Council have stated that due to its state of disrepair and the fact that it is poorly lit the access way is currently suitable for vehicular access for a house but not joint pedestrian access. it is currently already used by many pedestrians and vehicles accessing garages along the road. They have said that it would need to be upgraded.

We have therefore included within our application a provision to reinstate the privately-owned section of the road that is in disrepair and to upgrade and install lighting to the remainder of the road (up to and including out plot). Some of this road is unregistered and we have the permission of the owners of these latter private sections. We do not currently have the permission of the owners of the first part of the road - the part that we would like to re-instate. This is the part nearest the public highway.

We have said that we would be legally responsible for maintaining the lighting and resurfacing going forward in the upgraded section.

My question is do we require the permission of the owners of the section of the lane that we are reinstating (not improving) to carry out these works?

Thank you for your help.

[des8]

I'm surprised anyone would volunteer to take on the ongoing responsibility for road which is someone else's.
This may well be a problem if and when your property comes to be sold.
Also have you thought about your public liability? Have you made enquiries of your insurers?

But to answer your question, you need the owners permission to reinstate.
Duty to maintain private roads falls on the frontagers, who normally come together to agree on maintenance costs.
Local authorities have discretionary powers to improve the standard of a private street at any time, and charge it to the frontagers, although those powers are rarely exercised.