After more investigation and talking to more people at Glasgow city Council I eventually got the manager of the GIS Iain Langlands who after explaining the situation he went and investigated and his response is below
Dear Mr Gillies
I refer to our recent telephone conversation regarding your enquiry on the adoption status of the access road to 154 Broomhill Drive and the former Broomlea School.
The road is not adopted, as has been advised to you previously by Mr Frew. The Public List of Roads reference that you supplied to me, 5057, relates to an historic record that is associated with an old road, known as Broomhill Road, which appears on historic mapping of the 1960’s epoch but is not recorded in the 1970’s epoch. Its extents ran from the east kerb line of Broomhill Drive, adjacent to the junction with Broomhill Terrace and Broomhill Avenue and headed generally northeast to a point adjacent to the southernmost end of the path that your enquiry refers to. It is not relevant to the extent of road that you enquire about.
I understand from you that you intend to visit the Mitchell Library and so advise you that a request to view Ordnance Survey mapping from the 1960’s should allow you to see the extent of the former Broomhill Road, as referred to above. The map sheet on a 1:2500 scale would be NS5466 or 1:1250 scale NS5466NE.
You may also wish to make enquiries to Registers of Scotland as you seek to determine the ownership and maintenance responsibilities of the access road. Property transactions in the area that incurred an exchange of monies will have triggered an entry in the Land Register and any Land Certificate arising from such a transaction may describe the responsibilities associated with the land. Registers of Scotland can be contacted via details found at http://www.ros.gov.uk/contactus.html or in person at the Glasgow office.
I trust this is helpful to you at this time.
Glasgow City Council
Land and Environmental Services
Fourth Floor, 231 George Street
Glasgow, G1 1RX
( 0141 287 ****)
From this response I have found out about the none existing Broomhill Road off Broomhill Dr I presumed this was the road leading to 154 and 174 Broomhill Dr but with the information received and other investigation there was a Broomhill Road which existed in the early 1970’s it started opposite Broomhill Terrace running up to behind 10 Broomhill lane no part of this road exists any more
as you can see from this I have highlighted Broomhill Road in Green But In another map it does no re-join Broomhill Dr where it shows on here, this would be the entrance to 154 but once I get the proper map from the library I can confirm this
My next move is to get the construction plans and the Road construction consent for the Broomlea Primary school which was built in the 80’s and has to have an adopted Road and the plans for the construction of 154 and 174 Broomhill Dr and the RCC forms
the information below is a extract From Glasgow city council Document
2 – Stopping Up Orders,
Construction Consent and Adoption
2.1 Stopping Up Orders:
Applicants should be aware of the importance of the requirement to formally Stop Up certain areas, roads and public paths, which due to their development layout, will no longer have a public right of passage.
Where this process is required because of related development, it is normally carried out
under the Town & Country Planning (Scotland) Act (1997) following the grant of planning
permission. The associated advertising costs payable to the Council are £1,250. The timescale for an unopposed order is typically around six months.
The simplest way of demonstrating the Stopping Up procedure is in the context of public right of passage, which is established by Road Construction Consent. A Stopping Up Order removes the road area(s) from the register of public road and consequently removes the public right of passage. The Stopped Up areas must be physically grubbed up or closed off, e.g. with bollards, and street nameplates removed – i.e.
the area no longer is and no longer appears to be a road.
After the Stopping Up Order has been signed it is the responsibility of the developer, via their contractor or consultant, to inform the Council’s Land and Environmental Services (LES) at least a month in advance of the proposed date for physically Stopping Up each road area covered by the Order. This is to allow programming of works to remove public apparatus such as lighting columns, control pillars, barrier rail and bollards.
In addition, prior to the physical Stopping Up of a road area, the developer must provide a plan of the existing drainage / SuDS system, including all gullies. This plan will clearly demonstrate the proposed methodology of this removal, and that the removal will have no adverse effect on the surrounding LES and Scottish Water infrastructure, which will remain part of the publicly adopted road and drainage network.
Well last week we had some temporary repairs to the road. Quite a lot of repairs actually these were promised by cube housing in December and with anything takes time to get done. As these are temporary repairs they will not last very long but seem to be done to a better standard than usual.
I have not given up on the road and finding out who owns it. My next move is to get a copy of the paperwork for the road adoptions made in 1974 off the east side of Broomhill Dr. Especially Broomhill Rd which after being put on was and is still down to be removed. The plans I recently received from GDC to me seem totally wrong, according to their own rules all schools must have an adopted road, but how can they only adopt the last part of the road especially as it is a dead end road another thing about the plans they sent they are very recent as Partick housing association has recently purchased the old school and the plans show a small strip of land on the road map belonging to Partick if this was indeed the proper plans for the area from a number of years ago it would not have Partick on it
Having been in contact with cube housing again this year I was sent the plans given to them from their Lawyer
I have cut this into two parts to fit on the page
As this Drawing Predates all other drawings/plans /maps March 94 and has the company who drew them up for Scottish Homes . I decided to contact the company to find out a bit more information and find out where they got the information for the plan. After explaining the situation I was put through to Mr Frazer Drysden, a director of the company who remembered the job, he told me after speaking to another colleague the plans were drawn up on the information they were given by Scottish Homes.
This plan is almost identical to the more recent one I received from Cube housing last year, and still contradicts GDC plans so no further forward just another avenue to explore.
Watched the Pothole Britain on channel 5. Mark Morrell (MR. Pothole) gave some great information on the fight to get Britain’s Potholes fixed his website has many videos and photos of the potholes an keeps everyone updated as to the progress of the cause
Keep up the Great job
Dear Mr Gillies
I refer to your undernoted email and can advise that Glasgow City Council are not responsible for the maintenance of the road at No. 154 Broomhill Drive, this responsibility lies with Cube Housing Association. Glasgow City Council will not be programming any resurfacing works at this location. I have attached a plan indicating the ownership at this location for your information.
As stated in our last correspondence the Council does have a maintenance responsibility for the remote footpath directly in front of the entrance to the old Broomlea Primary School. This section of road has been inspected by one of my officers and although there is evidence of general wear and tear, the path is in a safe condition.
I trust this is of assistance, however, should you require any further information, please contact Stuart McKay on 0141 287 9410.
Area Engineering Officer
Land and Environmental Services
Well from this Email and plan Glasgow city council Are taking no responsibility for the access road at 154 /174 Broomhill Dr What I find peculiar is that they can be responsible for the end part of the road that actually goes no where, they are not even responsible for a small stretch of the road bordering the old Broomlee primary school including the entrance
What to do Now is in the hands of Cube housing and their lawyers
Dear Mr stuart McKay
your information is a bit vague i would like to clarify a few points in you email
1. you say you have a responsibility to maintain the section of road directly outside the entrance to Broomlea School.
a. is this from Broomhill Dr to the entrance to Broomlea School
b. can this road now be resurfaced
2. where does the Responsibility for cube housing start
a. where the road turns off to the right of the access road into the car park
b. if it is only the car park area can i inform Cube to this fact and expect them to resurface it
Verification of these points would be great
Dear Mr Gillies
I refer to my last correspondence sent to you on 18th November 2013 regarding the maintenance responsibility at Broomhill Drive (In shot at No. 154 to Entrance to Broomlea School) and can advise that I have now completed my investigation into the ownership at this location. I can advise that the maintenance responsibility for this section of road is that of Cube Housing Association, therefore any maintenance defects should be reported to them directly.
In addition, I can advise that Glasgow City Council have a responsibility to maintain the section of road directly outside the entrance to Broomlea School.
I trust this is of assistance, however, if you require any further information please contact Stuart McKay on 0141 287 9410.
Land & Environmental Services
Please see the reply I received from LES. I will contact you again when I receive specific details.
From: LES Roads Political
Sent: 21 November 2013 14:20
To: Dalton, Feargal
Subject: MLU ID 246300 – Mr David Gillies – Potholes on Access Road to 154/174 Broomhill Drive – Ward 12
MESSAGE SENT ON BEHALF OF DAVID RUSSELL, ROADS MANAGER, LAND AND ENVIRONMENTAL SERVICES
Dear Councillor Dalton
I refer to your undernoted email and can advise that my officer has spoken with Mr Gillies and advised him that we are currently investigating as to who has the maintenance responsibility of the access road. I can advise that you will be updated as soon as this has been clarified.
I trust this is of assistance; should you require any further information, please contact Darren Smith on 0141 287 9173.
Land and Environmental Services
(MLU ID 246300)
From: Mackintosh, Michelle
Sent: 20 November 2013 17:22
Subject: COUNCILLOR FEARGAL DALTON – WARD 12 – MR DAVID GILLIES – 154/174 BROOMHILL DRIVE, GLASGOW – ACCESS ROAD OWNERSHIP
Please see undernoted emails from Councillor Feargal Dalton and Mr David Gillies who is a constituent of Councillor Dalton, concerning access road ownership.
Can you please investigate the issues raised and provide me with a response on behalf of Councillor Feargal Dalton?
Members’ Services, Glasgow City Council
Room 23, 1st Floor City Chambers West Building
Telephone: 0141 287
Fax: 0141 287
From: Dalton, Feargal
Sent: Sunday, November 17, 2013 8:38 PM
To: Mackintosh, Michelle
Subject: FW: 154/174 Broomhill Drive access road – Mr David Gillies
Please see emails below from David Gillies. Can you please request from LES confirmation that Cube housing actually own these roads. In that case can you request that Cube are instructed to address the poor material state of these access roads or if it would be possible for the Council to adopt these roads.
A COPY OF A EMAIL I Received From THE Council
I refer to our recent telephone conversation regarding the maintenance responsibility at Broomhill Drive (In shot at No. 154 to Entrance to Broomlea School) and can advise that I am still investigating our records to determine the ownership and maintenance responsibility of this location.
Once I am in receipt of this information I will update you accordingly.
I trust this is of assistance, however, if you require any further information please contact Stuart McKay on 0141 287 xxxx
Land & Environmental Services
Roads Maintenance – West Area