1. www.hertsdirect.org ROAD ADOPTION PROCESS TOPIC GROUP OVERVIEW OF HCC ROAD ADOPTION PROCESS DAVID HUMBY 24 TH & 25 TH FEBRUARY 2010

2. www.hertsdirect.org 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?

3. www.hertsdirect.org 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.

4. www.hertsdirect.org 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.

5. www.hertsdirect.org 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.

6. www.hertsdirect.org 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.

7. www.hertsdirect.org 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.

8. www.hertsdirect.org 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.

9. www.hertsdirect.org 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.

10. www.hertsdirect.org 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.

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12. 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.

13. www.hertsdirect.org 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.

14. www.hertsdirect.org 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.

15. www.hertsdirect.org 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.

16. www.hertsdirect.org 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.

17. www.hertsdirect.org 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.

18. www.hertsdirect.org 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.

19. www.hertsdirect.org 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.

20. www.hertsdirect.org 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.

21. www.hertsdirect.org 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.

22. www.hertsdirect.org 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.

23. www.hertsdirect.org Any Queries / Questions