‘Silly mistake’ left us with NO access to roads outside our own home – we’ll have to get HELICOPTER for daily commutes
A COUPLE have been left with no access to roads outside their own home due to a “silly mistake”.
Gerald and Kathryn Wilson say they feel they are “marooned” in their property as they have no legal right to use the two roads leading to their house.
The couple have been locked in a fight with Anglesey County Council for five years now, trying to get the issue resolved.
They say they will have to get a helicopter for their daily commute.
Before they bought the farmhouse Ty Fron Goch, in Brynsiencyn, they checked with the council if one of the roads was public and maintained by the local authority.
They said the council confirmed it was and so bought the property in 2018.
But the council informed them in March 2021 there had been a mistake.
NO RIGHT TO USE ROAD
The road, called Lon Chwarelau, was not an adopted road after all and had been incorrectly registered, meaning they had no right to use it.
Before this, the Wilsons had already put up a permanent barrier on another access road in order to meet planning regulations.
The couple were effectively left without any road access to their property and became so desperate they considered getting a helipad installed.
Due to having no legal access the property, which had once been worth more than £500,000, was effectively worthless, with three estate agents unable to sell the property.
The couple, originally from Lancashire, are now battling the council.
Neighbour Peter Rogers, a former Welsh Conservative Assembly Member for the North Wales Region and local councillor, has been supporting the couple.
‘GAGGED’
The Wilsons though claim both they and Mr Rogers have been “gagged” by the council, saying they have been banned them from contacting the authority about the issue over access.
Mr Rogers said he was “very concerned” about the council closing the road.
He thinks they did so without following the correct procedure with a Stopping Up Order, under the 1980 Highways Act.
The Wilsons had even considered applying for planning permission to build a helicopter pad on his land
Mr Wilson, 77, told North Wales Live: “What we want to happen is what should have happened in the first place. When we bought this property the road next to it (Lon Chwarelau) was listed as a (public) highway.
It’s no exaggeration to say it’s been five years of hell. It’s a terrible situation to be in. It’s like a highway to hell.
Gerald Wilson
“We were later told it was listed as a private road and must have been listed as a highway by mistake and we would have to prove it was a highway.
“So other than land searches, writing letters, and doing research into when Gwynedd originally had it when it was listed as a highway, what more can anybody do?”
He added: “It’s no exaggeration to say it’s been five years of hell. It’s a terrible situation to be in. It’s like a highway to hell. We couldn’t sell the house and at one time we simply wanted to just get away. We thought of abandoning it and moving in with our son or somebody like that just to get away from it.”
Mr Wilson also said the annoying thing was that the county council were using council tax payers’ money for the up keep of the road but they were unable to use it.
The retired engineering lecturer joked that the only legal way of getting to their property was by helicopter, but added he couldn’t afford one.
He said: “Anglesey County Council will have to now accept they have to adhere to the Constitution and understand they can’t just ride ‘rough shod’ over their ratepayers.
“The council are using ratepayers’ money to maintain what they claim to be a private road that the ratepayers are not allowed to use.”
Mark Isherwood, the Welsh Conservative MS for North Wales said: “Mr and Mrs Wilson purchased the property in good faith, having obtained a letter from the council’s senior engineer for highways confirming the road was adopted at the time of purchase, and their solicitor having confirmed in land searches that this was the case.
A shocking state of affairs
Mark Isherwood
“They should not have been placed in this position because of matters entirely beyond their control.
“The council should have engaged with them from the outset and worked with them so that they were not disadvantaged by any subsequent actions the council chose to take.”
He added: “It’s a shocking state of affairs.”
As a condition of their house purchase, the Wilson had to close off access to another lane to the north of the area.
MS Rhun ap Iorwerth said: “We know that the road the Wilsons wish to use to access their property was formally listed as a highway that was adopted and maintained by the council, and it’s still not entirely clear to me how that status could simply be annulled, as seems to have happened.
“But, given the stalemate, I think that a Court of Law is the best place to resolve that central question. However, what we need above all is a resolution.
“I understand that the council have made an offer to try and grant the Wilsons access via an alternative route, and I welcome any steps that are taken to try and find a solution that satisfies all parties.”
An Isle of Anglesey County Council spokesperson said: “The matter is the subject of a legal claim against the County Council and, as such, it would not be appropriate for us to make any further comment.”
