Issue - meetings

That the Committee recommends that Cabinet approve the Policy for Private Street adoptions and the interim maintenance arrangements on these un-adopted roads, as set out in paragraphs 3.06 to 3.10 of the report.

The Head of Streetscene Services introduced a report to seek approval of a policy for un-adopted roads across the County.  He provided background information and explained that private streets, unlike the majority of highways, were not maintained by the County Council as local highway authority.  Consequently a number of private streets in the County are in a poor condition. 

The Head of Streetscene Services advised that the liability to maintain a private street lay with the owners of the street who would usually be the owners of the properties fronting the street.  If a Private Street was brought up to a defined standard the County Council could adopt the road which would cease to be a Private Street and become maintainable at public expense.  He referred to the usual process under the Private Street Works Code as set out in the Highways Act 1980 and commented this was lengthy and complex.    He advised that the Council did not hold a budget to contribute towards the cost of upgrading Private Streets and any contribution would need to come from existing maintenance budgets.

In response to the questions and concerns raised by Members the Head of Streetscene Services advised that without clear guidance the mechanism for the adoption of a Private Street was not clear to residents.  A procedure was in place for Highways on new Residential Developments to become adopted by the County Council under a legal agreement set out in Section 38 of the Highways Act 1980.   

During discussion Members raised a number of concerns around  residential developers in relation to enforcement, responsibility, and bankruptcy.   

Councillor C.J. Dolphin referred to issue of maintaining bridleways and asked if the proposed policy would address this problem.  The Head of Streetscene advised that bridleways would be covered by the policy and provided further clarification on the matter.   

The Chairman commented on the difficulties which could be  experienced in establishing land ownership.  In response to the further questions raised by Members concerning maintenance and repair of private roads, the Head of Streetscene Services advised that if they were available, the Council would provide free of charge, on request, surplus road planing material to residents which could be used to temporarily repair any defects in the road surface.  

RESOLVED

That the Committee recommends that Cabinet approve the Policy for Private Street adoptions and the interim maintenance arrangements on these un-adopted roads, as set out in paragraphs 3.06 to 3.10 of the report.