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Explore the current road adoption process and identify factors that can cause delays. Learn about the responsibilities of the County Council in maintaining roads and discuss potential improvements to the adoption process.
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ROAD ADOPTION PROCESS TOPIC GROUPOVERVIEW OFHCC ROAD ADOPTION PROCESSDAVID HUMBY24TH & 25TH FEBRUARY 2010
Issues to Consider • Does the current adoption process work adequately? • What factors can delay the adoption process? • Does the County Council ensure that all roads are maintained? • Can the road adoption process be improved?
HCC Presentations • David Humby – Overview of HCC process. • Nick Gough – Design & Benchmarking. • Steve Johnson – Implementation. • Vetti Vettivelu – Advanced Payments Code. • David Humby – The Way Forward.
What is an Adopted Road • Public rights of way exist along the highway and it is maintained by the Highway Authority at public expense. • Known as ‘Highway Maintainable at Public Expense’. • Currently HCC as Highway Authority responsible for maintaining 4,920km of highway (excluding motorway/trunk road). • A further 1,091 km of highway recorded as private.
The Road Adoption Process • County Council as Highway Authority enters into agreements with developers to take over the future maintenance of new roads. • Most common process is under s38 of the Highways Act 1980. • Parties include HCC as Highway Authority, the developer/land owner (if they have a mortgage the mortgagee) and the bank that provides the bond.
Other Adoption Mechanisms Private Street Works Code ( s205 to s218 Highways Act) • Highway Authority may resolve to make up a private street to adoptable standard. • Frontages need to agree to the process and are responsible to pay the full costs.
Other Adoption Mechanisms Advanced Payments Code ( s219 to s225 Highways Act) • If a new building requires building regulations approval and it has a frontage on a private street, the building work shall not start until finance has been paid to the Highway Authority to cover the cost of street works in that street. • The Highway Authority shall serve notice requesting finance within 6 weeks from the passing of building regulations.
Other Adoption Mechanisms s228 Highways Act • Following works under the Private Street Works Code the Highway Authority may declare the road highway maintainable at public expense, although frontages may object. • Additionally, if street works are carried out, then the frontages may request the Highway Authority to adopt.
Other Adoption Mechanisms s37 Highways Act • A developer may propose to dedicate a road by giving notice to the Highway Authority. • If Highway Authority considers there is not sufficient public utility it may complain to a magistrates court. s229 Highways Act • A majority of frontages may request the Highway Authority to exercise powers under the Private Street Works Code to make a road up to adoptable standard. • Frontages need to agree and are responsible to pay the full costs.
The Road Adoption Process • The Highway Authority has no powers to force a developer to put roads forward for adoption. But also, • The Highway Authority may choose not to adopt all roads within an estate where there are no wider highway benefits.
Minimum Requirements for Road Adoption • The road to be adopted must be directly linked to public highway. • Residential developments of more than five dwellings. • Multi occupation industrial / commercial developments. • Roads designed and built to adoptable standards as set out in Hertfordshire design guide.
Minimum Requirements for Road Adoption • Roads put for adoption should be on land in the ownership of the developer. • All services under the carriageway such as the sewers should be adopted by the relevant authority before highway adoption. • Developer should meet all financial obligations such as fees and commuted payments for future maintenance.
Adopted Roads: Benefits to the Householder • Future maintenance liabilities with Highway Authority. • Roads built to robust standard. • Highway Authority has powers under Highways Act. • Easier for police enforcement on obstructions. • Easier for other services, e.g. refuse collection, street cleaning, buses. • Buying / selling a property may be easier.
Un-Adopted Roads: Dis-Benefits to the Householder • Frontages responsible for maintenance. • Possible poor street cleaning. • Highway Authority has limited powers under Highways Act. • Police may have no powers to remove obstructions. • Poorly maintained private areas could lead to poor quality appearance. • Buying / selling a property may become difficult.
Un-Adopted Roads : Benefits to the Householder • Roads may be built to a high standard with special features. • Roads maintained to residents choice. • Opportunity to have gated community with greater security. • Greater control over visitors. • Residents may have control over parking. • May increase house values and make selling a property easier.
Adoption Issues • Adoption is not a planning issue and can not be controlled by condition. • The Highway Authority cannot force developers to put roads forward for adoption. • Developers currently dictate the time when they wish to discuss adoption. • At times adoption is discussed on completion of works and without any inspection by the Highway Authority • When roads are put forward for adoption, the roads may not be built to adoptable standard.
Adoption Issues • Delays due to sewer adoption, land ownership issues, or commuted payments. • House purchasers move in to a property without properly investigating/understanding their liability. Later buying and selling property becomes a problem. • Pressure can be put on local members and the Highway Authority for the road to be adopted. • The process can take a long time and the delay is usually blamed on the Highway Authority.
Recent Improvements to the Process • Report presented to Highways & Transport Panel on 10th November 2009 with recommendations on improvement. • Process approved by the Executive Member of Highways & Transport.
Recent Improvements to the Process a) In order to give greater clarity: • on developments with no through route, only the main access road will be considered for adoption. b) In order to give earlier certainty: • the extent of adoption should be agreed in principle by the developer and Highway Authority at the planning stage.
Recent Improvements to the Process c) In order to achieve a signed Section 38 Agreement as quickly as possible: • pressure should be put on developers to enter into S 38 Agreements by the use of highway informative notes in the planning consultation response. d) In order to ensure long-term maintenance of un-adopted roads for the benefit of residents: • if developers state that they do not want to offer roads for adoption, the long term maintenance should be secured through a S106 obligation.
Recent Improvements to the Process e) In order to give greater clarity to residents: • street name plates on un-adopted roads should clearly identify them as such f) In order to improve joint working for collective benefit: • aspects requiring cooperation of the LPAs are discussed with them and protocols established under Pathfinder. g) In order to reduce the numbers of roads waiting to be adopted: • backlogs of historical adoptions should be actively managed down by HCC as quickly as resources permit.
