Does a highway authority owe any duty of care to a resident who's boundary wall is frequently being demolished by turning vehicles?
The problem occurs in a close where the 'T' end of it gets obstructed by parked vehicles. Gentle approaches for improved parking from the main offender, who lives at the 'T' end, have little or no effect. A request to the authority for the placing of yellow lines in the turning area has been dismissed by saying it would not get past the necessary consultation of neighbours.
Typically a vehicle drives to the 'T' end and turns to the right side of the 'T'. The first reverse takes account of an obstruction in the left part of the 'T' and so goes backwards across at an angle towards a boundary wall. The pavement on that side is only one small slab wide and a car boot hits the wall before its wheels touch the curb. Thus a rebuilt wall soon has cracks appearing in it and only lasts about 3 years.
Mostly the offenders are never caught and the rebuilding expense falls on the householder.
The road authority's reply to a request for help with abating the nuisance was an offer of an improved 'no through road' sign at the close entrance to reduce the number of vehicles entering the close by error.
It is one particular 3 metre part of the wall that gets hit. Even the offer of a few concrete posts in the gutter would help to defend it.
With the situation as is, the only practical option is not to rebuild the wall any more. Vehicles would then push into garden bushes. Hopefully not going across into the garden itself.
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Rebuild the wall incorporating flying buttresses on the blind side.
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Nortones2: Thanks for the reply.
Not sure what a flying buttress is. Google says it is medieval (sp?). Although it had crossed my mind to use piers but, since the wall has been demolished by a lorry on at least two occasions, they would have to be massive.
A wider pavement, yellow lines etc., would be a help. As would a wall in demolishable sections so as to reduce the wall length taken out in an incident.
I am still interested in the legal position.
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I confess I was thinking of York Minster or similar, but the theme was to make it more robust than the rear end of the intruders:) Perhaps you need a video camera also.
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You need a length of A-road crash barrier (presumably curved) and then tastefully painted to blend in.
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Duty of care of the highway authority? they are not responsible for the attitude of the neighbours, the owners of the parked vehicles, or the bad driving of people turning
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Rebuild it with a reinforced concrete wall with brick facing.
Th car will always come off worse then...
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Can you install darn big wooden 2 foot square posts, sunk about 3 feet in front of the wall?
I think there should be some co-operation from the highways/local council/whoever. Just because it isn't them causing the problems, doesn't mean to say the area isn't badly designed.
Don't know if the road can be made residents only?
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I would take up the Highways Authorety's offer for an improved No Through Road sign.
Then I would suggest a CCTV system for a couple of hundred pounds with the camera mounted visibly underneath the gutter to catch the offenders.
CCTV footage will be accepted by the courts etc, so therefore will be accepted by the police in the event of a hit and run complaint.
And if you want to go the whole way, a warning sign on your wall stating that due to lack of consideration by others a CCTV system is in operation, and those who damage the wall then drive away without leaving details will be reported to Police and charges will be pressed.
This should help with the problem.
Hugo
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A few helpful suggestions there, thanks.
I did think of excavating, say 3 feet deep, for a 30 inch square post made of 3:2:1 ready-mix and placed at the usual impact point but thought a lorry -- of the usual delivery sought --- might still be able to push it over and then there would be a big job with a pneumatic drill as it would be too big to put back upright. Going to the length of including a support beam behind it going down at 45 degrees to a ground block to take the force is a bit over the top for a 30 inches high resident's wall.
The crash barrier is probably the best idea but would probably get knocked over so would have to be compare it to re-building a separate 'collapsible' 3 yard/metre wall length. Which is the best I can come up with.
I was hoping I could persuade the road authority to fit 3 foot high concrete posts in the gutter and let them do the replacing. After all, they chose a 24 inch pavement width and refuse to dedicate the turning area.
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