Closed
Obstruction on verge
Reported anonymously at 18:54, Wed 11 September 2019
Sent to Oxfordshire County Council and South Oxfordshire District Council 1 minute later
Householder has constructed a low brick wall which abuts Stoke Row Road between Stevens Lane and Lime Avenue. This wall forces pedestrians onto the road in order to walk around it. Additionally the wall is a hazard to drivers, and the built-in light can be dazzling in the winter months – the wall has been hit and rebuilt on more than one occasion!
In Griffiths (Contractors) Ltd v Driver & Vehicle Licensing Agency the court held that the verge was part of the road.
For your reference - Highways Act 1980
Paragraph 130, 4 it is the duty of a local highway authority to prevent any unlawful encroachment on any roadside waste comprised in a highway for which they are the highway authority.
Paragraph 96, section 2 A highway authority may alter or remove any grass verge laid out, whether or not by them, in a highway maintainable at the public expense by them and any guard, fence or other thing provided, whether or not by them, for the maintenance or protection of any tree, shrub or verge in such a highway.
Paragraph 152 A competent authority may by notice to the occupier of any building require him to remove or alter any porch, shed, projecting window, step, cellar, cellar door, cellar window, sign, signpost, sign iron, showboard, window shutter, wall, gate, fence or other obstruction or projection which has been erected or placed against or in front of the building and is an obstruction to safe or convenient passage along a street.
Section 6 (b) that an unlawful encroachment has taken place on a roadside waste comprised in a highway for which they are the highway authority, it is the duty of the local highway authority ... to take proper proceedings accordingly...
Council ref: ENQ19842425
Updates
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Thank you for your enquiry. This issue has been passed onto the relevant team for investigation.
State changed to: Investigating
Posted by Oxfordshire County Council at 18:55, Wed 11 September 2019
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Still open, via questionnaire, 19:19, Wed 9 October 2019
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Still open, via questionnaire, 19:58, Wed 6 November 2019
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Still open, via questionnaire, 21:22, Wed 4 December 2019
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Still open, via questionnaire, 21:48, Wed 1 January 2020
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Thank you for your report. A visit to the residents of the property in question has been made & they are contacting their builder to get the light changed so it is not so bright & they are going to reduce the length of the wall as agreed wit OCC. Note. There is no footway at this given location so pedestrians are already having to walk in the road as always. This report is now closed
State changed to: Investigation complete
Posted by Oxfordshire County Council at 15:02, Tue 19 May 2020
This report is now closed to updates from the public. You can make a new report in the same location.