FREQUENTLY ASKED QUESTIONS
OWNERSHIP AND RIGHTS OF WAY
Ownership of the private road is somewhat obscure. Some frontager members of the Committee of the Association believe, based on the deeds of their properties, that they own that part of the road which fronts onto their properties up to the centre line of the road. (However we have no information which confirms that the same applies to the deeds of all frontagers). No evidence has ever been presented to the Association which shows this view of ownership has been put to the test but almost certainly this is how frontagers would be assessed for costs in the unlikely event that the road was ever adopted by the Local Authority.
Whether or not existing owners have been granted a right of way to their property over the private road is often a cause for enquiry by solicitors acting on behalf of purchasers. There appears to be no definitive answer to this question but we usually quote the words of the solicitors of one of the developers of property in Wilmslow Park. These were “No one appears to know who actually owns the fee simple of the road and accordingly it is impossible for anyone to be granted a right of way as this can only be granted by the actual owner. This is a well known problem in Wilmslow and unfortunately any purchaser must accept the situation as it stands“. In practice, we have no knowledge of any property owner in Wilmslow Park and its side roads ever having been denied access. Most properties are more than 20 years old and successive owners will have enjoyed unhindered access to these properties since they were built.
THE WIDTH RESTRICTION AT THE BRIDGE
The bridge is on Council land and is owned by and is the responsibility of Cheshire East Council. Some years ago the condition of the bridge deteriorated to such an extent that the Council shut it to through traffic completely. The Council repaired and then reopened the bridge but in doing so applied a weight restriction to it for cars and light vans only (6’6″ is the standard width restriction which was applied as a result). Emergency vehicles should be aware of the restriction, as of course refuse vehicles are, and should access the park from Wilmslow Park North as a result.
Before the width restriction was introduced the natural inclination was for people to pick up speed down the hill in both directions and then accelerate up the other side. The restriction effectively stops that (right by the Bollin Valley footpath crossing) so it has reduced speeds, adds to pedestrian safety and also deterred people completely which has to be a good thing. The DfT regulation is as below and is very relevant to this situation:
“A “6’6″ width restriction” is a common traffic regulation in the UK, marked by a circular sign with a red border, indicated by Department for Transport (DFT) Diagram 629A. This sign prohibits vehicles wider than 2.0 metres (6’6″) from passing, often using bollards or posts spaced apart to restrict access for large vehicles and HGVs, thereby preventing congestion or damage to narrow roads or structures.”
What it means:
Width Limit: Vehicles must be no wider than 2.0 metres (6 feet 6 inches) to pass through the restricted area.
Purpose: To keep large, wide vehicles, such as lorries, out of narrow residential areas, or to protect weak bridges and other infrastructure”
FAULTY STREETLIGHTS
Click this link to report it to Cheshire East Council. If the link doesn’t work try the Council website. Please note you may need to phone the council as the website suggests they are not responsible for streetlights on Wilmslow Park.
ILEGALLY PARKED CARS
If a vehicle flouts a prohibited entrance sign, residents can take the following steps:
Report the Incident:
- Contact the Local Authority: Report the incident to the local council or traffic enforcement team, providing the vehicle’s registration number, location, and time of the incident.
- Provide Evidence: If possible, take photos or videos of the vehicle and the sign as evidence.
Additional Options:
- Contact the Police: If the vehicle’s actions pose an immediate risk to safety, contact the police.
- Request Enforcement: The local authority may deploy enforcement measures, such as CCTV or traffic cameras, to monitor and deter future incidents.
- The PCSO has limitations with Wilmslow Park being a private road but hopefully will be sympathetic to the Prohibition of Entry Order and should understand that breach of this is a road traffic violation. There is a clear ‘No Entry except for Access’ sign that anyone not ‘accessing’ is in breach of and at the time this constituted a £50 fine. However proof that an offence had taken place which is where photos etc would be very helpful
- Parking on the pavement may not be an offence but blocking a pavement was, which of course is what applies here. Although the road is private, the pavement itself is a defined footpath and a public right of way. Blocking it should therefore apply exactly as if it was on an adopted road and was therefore again an offence that the PCSO could act on.
Preventative Measures:
- Community Engagement: Residents can work with local authorities to raise awareness about traffic regulations and promote compliance.
- Signage Review: Residents can request the local authority to review the signage to ensure it is clear and visible.
By reporting incidents and working with local authorities, residents can help maintain traffic order and safety.
