Wilmslow Park North and Wilmslow Park South constitute a single private road which itself was formerly a country estate road with lodges at each end. The road is adjacent to the Bollin Valley which gives a rural feel to the area whilst being close to Wilmslow Town Centre and the railway station. Cheshire East Council owns the largest frontage and its herd of cattle can usually be seen grazing by the river in the spring, summer and autumn months.
FREQENTLY 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”