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Adoption of Residential Estate Roads

Sue Reynolds, the Highway Development Control Manager, provides information and guidelines on the adoption process for new residential estate roads. This includes details on the Section 38 Agreement, bond and fee calculations, inspection fees, and future fee structure reviews. The article also addresses common questions regarding this topic.

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Adoption of Residential Estate Roads

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  1. Adoption of Residential Estate Roads Sue Reynolds MSt (Cantab), MCIHT Highway Development Control Manager

  2. Highway Development Control Team:- • Manager – Cambridge based • 1 Business Support Officer • 7 Engineers – Area Based • 4 Inspectors – Area Based

  3. New residential estate roads serving in excess of 5 dwellings are considered for adoption under:- • Section 38 of HA 1980, or • Section 37 of HA 1980 * Industrial estate roads are not adopted by CCC

  4. CCC does not operate the APC • Has no history of doing so, consequently under no legal duty to apply the code in Cambridgeshire • Will not consider applying, as additional staff resource that would be necessary could not be justified for unquantifiable ‘benefit’.

  5. S38 Agreement: • 2 Year Agreement Period • Ability to extend the Agreement Period • by agreement with engineer • with recalculation of Bond if necessary • 12 Month Maintenance Period • Payment of Commuted Sums prior to issue of Final Certificate

  6. Current Bond and Fee Calculation • Bond calculated on the basis of linear metre of carriageway, footpath and cycleway. Currently:- • £800 p/lm carriageway • £105 p/lm cycleway • £70 p/lm footpath + The value of any Commuted Sum(s) * Thesefigures subject to yearly review.

  7. Inspection Fee is currently 7.5% of the Bond Sum • 50% of the Inspection Fee is collected prior to the commencement of technical vetting of the development scheme • The remaining 50% is collected by Legal Team upon sealing of the Agreement

  8. Statistics: • In 5 year period 2004-2008 an average of 42 Section 38 submissions were made per year • CCC Currently has circa 80 No residential estate developments without the benefit of S 38 Agreements • 5 No sites where there is no Section 38 in place and the developer has gone into administration

  9. Whilst CCC has no legal obligation to resolve the problem, advice and attendance at resident groups is being provided on the strict understanding that no financial assistance will be forthcoming. • To date, no such development has been completed by the residents to an adoptable standard

  10. The Future Review of fee structure: • Following a benchmarking exercise CCC are considering imposing an Inspection Fee of 10% of the Bond which will be applied if the developer commences work prior to an Agreement being sealed. As an incentive, this will be reduced to 8% if the Agreement is sealed prior to work commencing on site.

  11. Resultant review of staff resource / structure: • Number of inspectors • Greater flexibility – able to respond to area pressure, and; • Software to manage the administration

  12. Questions?

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