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Search the Public Notice PortalPRESTWICK residents who are fighting against a care home access road in their street have challenged South Ayrshire Council to produce documentary evidence that the disputed area had been adopted.
Fairway View homeowners are continuing to block work starting on land they insist they own, using their cars as a barricade to stop the diggers.
The stand-off began more than a month ago when they prevented workmen from tearing up a grassy patch which they have paid a factor to maintain for 20 years.
South Ayrshire Council insists the entrance to the new Fairway care facility should go through the street, rather than the bigger East Road.
Residents Mark and Angela Rooke say documentary proof of the adoption of the road had still to be revealed.
Mark said: "Our question is who authorised the supposed 2017 road adoption plan and where is the adoption certificate? We have repeatedly asked South Ayrshire Council and the Ayrshire Roads Alliance to produce the paperwork – to no avail.
"All they have provided is a draft notice. Not the actual adoption certificate. There’s no reference number with it or anything like that."
Angela added: "If they had it, surely they would show it to us."
The couple said one of the first residents to move into the road said the builders Miller Homes had put the grass there to protect the site from being used for a project like this in the future.
Mark added: "There is no reason for it to be adopted. There are no services under it.
"The submitted plans which said the services were under it actually showed them to be on the opposite side of the road. That’s misleading information."
The residents have now written to MPs and MSPs - including every Scottish party leader - calling for their support.
Independent councillor Willie Hogg quit the planning committee earlier this month - just before the diggers moved in on Tuesday, September 8.
And two weeks ago, residents were served with warning notices by sheriff's officers to remove the car barricade from the site. They have still to comply.
A South Ayrshire Council spokesperson said: "Ayrshire Roads Alliance (ARA) has previously responded to a number of residents regarding their enquiries.
"This includes providing the basis for the road and verge being adopted and relevant drawings.
"ARA will continue to respond to correspondence from identifiable individuals and requests for information."
They added: "As has been advised to residents, the Roads (Scotland) Act 1984 defines a road as including the road's verge.
"The adoption of a road is completely separate from any planning consent, and matters of ownership are not material planning considerations.
"Fairway View is identified as a public road maintained by ARA in South Ayrshire Council's list of public roads.
"As the road, which includes the verge, is adopted, ARA has granted a permit to the developer of the care home under Section 56 of the Roads (Scotland) Act 1984 to permit work to be executed on the public road."
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