Fears loophole means unadopted road in Leighton Buzzard may never be fixed

The road, Briggington Way, is unfinished with raised manhole covers which serve the sewers and surface water.

Resident Neil Cairns, who used the road regularly, says it's a dangerous hazard, particularly for motorcyclists.

Mr Cairns, of Highfield Road, Leighton Buzzard, said: "It’s an unadopted 'Private Road’ like a house driveway, not a 'Public Road’. Who is responsible for those poorly set man-hole covers?

“I use the new north-east road called Briggington Way, to get to Stonehenge Works in Miletree Road where I work as a volunteer for the Leighton Buzzard Railway, every Monday.

“I use one of my motorcycles. The road is brand new running through the huge new housing estate. Along this new road are manhole covers for the sewers and surface water, most are central in the northern lane. Many are two to three inches below the road surface, but three just by Clipstone Brooke Bridge are seven inches below, enough to throw a motorcyclist off his machine.

“Obviously I now know of them but others will not."

Mr Cairns complained to Central Beds Council, the authority responsible for maintaining roads, after completing a 'pot-hole' complaint option on the ‘Up My Street’ website.

He added: “The council came straight back and said it was a PRIVATE ROAD and not their remit.

“So, does that mean we can drive on Briggington Way and Kelsley Drive with no insurance, no MoT, no driver's licence, no road tax, not be done for speeding, and so on?

"Up My Street" did not recognise Briggington Way and it was not on their Google-like map, I had to put direct the arrow on Leighton Road, Eggington as it’s outside the LB parish boundary.”

A loophole in planning laws means that if roads like Briggington Way fall into disrepair they will never be fixed - allowing housing developers and local councils to refuse to maintain unadopted residential streets.

Almost 260,000 (20%) of nearly 1.28 million roads in England and Wales have not been adopted by a public authority and so are not maintained by the taxpayer.

In some areas of the country, where local councils refuse to fix unadopted roads, residents are left to sort out the problem, often carrying out repairs themselves.

Cllr John Baker, executive member for highways at Central Bedfordshire Council said: “Briggington Way is currently a privately owned road, with maintenance remaining the responsibility of the developer.

“We are working closely with the developer to progress a Section 38 agreement, which would enable the road to be adopted in the future.

“While there is no confirmed timeline, both parties are committed to making progress as quickly as practicable.”

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