RESIDENTS have launched a legal battle over a £170,000 repair bill for the crumbling road outside their homes.

The group launched the court action against Blackburn with Darwen Council yesterday after being told they would have to pay for work to end a 50-year row.

Eleven residents from eight houses in Higher Croft Road, Lower Darwen, believe the highway, which is plagued by potholes and a crumbling surface, should be maintained at public expense.

But the council has stressed that the road was an unadopted private road, not the responsibility of the local authority.

The action has been prompted by Elaine Walkden, Julie and Pete Longden, Gary Parker, Michelle Rawcliffe, Claire Waring and Simon Huggill, who was representing the Methodist Church.

New residents Robert Cookson and Susan Coates and Karen and David Panaro have also objected to the proposals since the legal action began .

Residents in the 67 houses in the street initially received letters from the council informing each of them what they would be required to pay, depending on the width of road in front of their house, and asking them to give their opinion on repair plans.

Nathan Banks, representing the residents, told District Judge Paul Firth that work had been carried out on the road in 1954, when a new surface was laid over what he described as "a dirt track."

He said the council paid for the work and when funding ran out the work came to a stop, with only half of the road being dealt with.

He pointed out that as the council had carried out works at its own expense, the road had to be considered as an adopted road maintained at the public expense.

He said that the £500 spent in 1954 by the council on the lower part of the road was probably the equivalent of £30,000 today.

Mr Banks also pointed out that in a letter from the borough engineer to the borough solictor in 1971 it was confirmed that the road had been coloured blue on the town map, representing a maintained road.

But Ian Hughes, representing the council, said that any work done by the council in 1954 was 'repair and maintenance' and was not to take the road up to a standard where it would be adopted and that the road had been coloured blue by mistake.

Mr Banks said that in the 1980s proposals were put forward for work and added: "The cost was going to be £95,000 and the agreement with the council and residents was that if the residents paid £100. the council would bare the rest of the expense. Although it didn't happen, this form of settlement again indicates the council's willingness to maintain the road."

(Proceeding)