Mr M Fletcher, of Ivybridge, writes:
I believe readers should know that Devon County Council appears not to be wholly liable for the repair and maintenance of the counties highways and lanes.
Following on from my letter last week, regarding neglect of the counties highways and lanes by the county council, I have received advice from the county solicitor.
In my letter to you, I commented on a county council response to the matter of potholes as raised by BBC Spotlight.
The county solicitor's letter refers to my escalation of an outstanding complaint against the council in July 2007 to the Local Government Ombudsman. The solicitor states in reference to my complaint and I quote: 'There is no question of a poor state of repair of the highway or the drainage.'
This is irrefutable. Since July 2007 I have written to the council on 10 occasions and my wife has emailed more than 90 times.
It has received numerous images depicting the appalling state of lane surfaces and drainage facilities. Other residents have likewise complained.
No sustainable action has been taken the county council.
The solicitor then states and again I quote: 'Highway authorities are liable when they fail to maintain highways and their drainage systems. These issues are not relevant here.'
Here may be taken as in my case.
One may only conclude certain county highways in a poor state of repair do not qualify for remedial action while others in an acceptable state of repair do qualify for ongoing maintenance.
I found nothing to this effect in the council's annual Governance Statement 2012/13. I did find: 'Devon County Council [also] has a duty under the Local Government Act 1999 to make arrangements to secure continuous improvement in the way in which its functions are exercised, having regard to a combination of economy, efficiency and effectiveness.'
No doubt in the traditions of local government they will identify some entity upon whom they could pass the buck. Most likely it will either be 'the exercise of economy' or 'cut backs in Local Government funding'. Probably both.





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