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ROAD ADOPTION PROCESS TOPIC ROAD ADOPTION PROCESS TOPIC GROUPGROUP

OVERVIEW OFOVERVIEW OFHCC ROAD ADOPTION PROCESSHCC ROAD ADOPTION PROCESS

DAVID HUMBYDAVID HUMBY

2424THTH & 25 & 25THTH FEBRUARY 2010 FEBRUARY 2010

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Issues to ConsiderIssues to Consider Does the current adoption process work Does the current adoption process work

adequately?adequately? What factors can delay the adoption What factors can delay the adoption

process?process? Does the County Council ensure that all Does the County Council ensure that all

roads are maintained?roads are maintained? Can the road adoption process be Can the road adoption process be

improved?improved?

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HCC PresentationsHCC Presentations

David Humby – Overview of HCC process.David Humby – Overview of HCC process. Nick Gough – Design & Benchmarking.Nick Gough – Design & Benchmarking. Steve Johnson – Implementation.Steve Johnson – Implementation. Vetti Vettivelu – Advanced Payments Code.Vetti Vettivelu – Advanced Payments Code. David Humby – The Way Forward.David Humby – The Way Forward.

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What is an Adopted RoadWhat is an Adopted Road

Public rights of way exist along the highway and it Public rights of way exist along the highway and it is maintained by the Highway Authority at public is maintained by the Highway Authority at public expense. expense.

Known as ‘Highway Maintainable at Public Known as ‘Highway Maintainable at Public Expense’.Expense’.

Currently HCC as Highway Authority responsible Currently HCC as Highway Authority responsible for maintaining 4,920km of highway (excluding for maintaining 4,920km of highway (excluding motorway/trunk road).motorway/trunk road).

A further 1,091 km of highway recorded as private. A further 1,091 km of highway recorded as private.

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The Road Adoption ProcessThe Road Adoption Process County Council as Highway Authority enters into County Council as Highway Authority enters into

agreements with developers to take over the agreements with developers to take over the future maintenance of new roads.future maintenance of new roads.

Most common process is under s38 of the Most common process is under s38 of the Highways Act 1980.Highways Act 1980.

Parties include HCC as Highway Authority, the Parties include HCC as Highway Authority, the developer/land owner (if they have a mortgage the developer/land owner (if they have a mortgage the mortgagee) and the bank that provides the bond.mortgagee) and the bank that provides the bond.

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Other Adoption Mechanisms Other Adoption Mechanisms

Private Street Works Code ( s205 to s218 Private Street Works Code ( s205 to s218 Highways Act)Highways Act)

Highway Authority may resolve to make up Highway Authority may resolve to make up a private street to adoptable standard.a private street to adoptable standard.

Frontages need to agree to the process and Frontages need to agree to the process and are responsible to pay the full costs.are responsible to pay the full costs.

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Other Adoption Mechanisms Other Adoption Mechanisms Advanced Payments Code ( s219 to s225 Advanced Payments Code ( s219 to s225

Highways Act)Highways Act)

If a new building requires building regulations approval If a new building requires building regulations approval and it has a frontage on a private street, the building and it has a frontage on a private street, the building work shall not start until finance has been paid to the work shall not start until finance has been paid to the Highway Authority to cover the cost of street works in Highway Authority to cover the cost of street works in that street.that street.

The Highway Authority shall serve notice requesting The Highway Authority shall serve notice requesting finance within 6 weeks from the passing of building finance within 6 weeks from the passing of building regulations.regulations.

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Other Adoption MechanismsOther Adoption Mechanisms

s228 Highways Acts228 Highways Act

Following works under the Private Street Works Following works under the Private Street Works Code the Highway Authority may declare the road Code the Highway Authority may declare the road highway maintainable at public expense, although highway maintainable at public expense, although frontages may object.frontages may object.

Additionally, if street works are carried out, then Additionally, if street works are carried out, then the frontages may request the Highway Authority the frontages may request the Highway Authority to adopt.to adopt.

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Other Adoption Mechanisms Other Adoption Mechanisms s37 Highways Acts37 Highways Act A developer may propose to dedicate a road by giving A developer may propose to dedicate a road by giving

notice to the Highway Authority.notice to the Highway Authority. If Highway Authority considers there is not sufficient public If Highway Authority considers there is not sufficient public

utility it may complain to a magistrates court.utility it may complain to a magistrates court.

s229 Highways Acts229 Highways Act A majority of frontages may request the Highway Authority A majority of frontages may request the Highway Authority

to exercise powers under the Private Street Works Code to to exercise powers under the Private Street Works Code to make a road up to adoptable standard.make a road up to adoptable standard.

Frontages need to agree and are responsible to pay the full Frontages need to agree and are responsible to pay the full costs.costs.

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The Road Adoption ProcessThe Road Adoption Process The Highway Authority has no powers to The Highway Authority has no powers to

force a developer to put roads forward for force a developer to put roads forward for adoption.adoption.

But also,But also,

The Highway Authority may choose not to The Highway Authority may choose not to adopt all roads within an estate where there adopt all roads within an estate where there are no wider highway benefits. are no wider highway benefits.

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Minimum Requirements for Road Minimum Requirements for Road AdoptionAdoption

The road to be adopted must be directly The road to be adopted must be directly linked to public highway.linked to public highway.

Residential developments of more than Residential developments of more than five dwellings.five dwellings.

Multi occupation industrial / commercial Multi occupation industrial / commercial developments.developments.

Roads designed and built to adoptable Roads designed and built to adoptable standards as set out in Hertfordshire standards as set out in Hertfordshire design guide.design guide.

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Minimum Requirements for Road Minimum Requirements for Road AdoptionAdoption

Roads put for adoption should be on land Roads put for adoption should be on land in the ownership of the developer.in the ownership of the developer.

All services under the carriageway such as All services under the carriageway such as the sewers should be adopted by the the sewers should be adopted by the relevant authority before highway relevant authority before highway adoption.adoption.

Developer should meet all financial Developer should meet all financial obligations such as fees and commuted obligations such as fees and commuted payments for future maintenance.payments for future maintenance.

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Adopted Roads: Benefits to the Adopted Roads: Benefits to the HouseholderHouseholder

Future maintenance liabilities with Highway Future maintenance liabilities with Highway Authority.Authority.

Roads built to robust standard.Roads built to robust standard. Highway Authority has powers under Highways Highway Authority has powers under Highways

Act.Act. Easier for police enforcement on obstructions.Easier for police enforcement on obstructions. Easier for other services, e.g. refuse collection, Easier for other services, e.g. refuse collection,

street cleaning, buses.street cleaning, buses. Buying / selling a property may be easier.Buying / selling a property may be easier.

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Un-Adopted Roads: Dis-Benefits to Un-Adopted Roads: Dis-Benefits to the Householderthe Householder

Frontages responsible for maintenance.Frontages responsible for maintenance. Possible poor street cleaning.Possible poor street cleaning. Highway Authority has limited powers under Highway Authority has limited powers under

Highways Act.Highways Act. Police may have no powers to remove Police may have no powers to remove

obstructions.obstructions. Poorly maintained private areas could lead to poor Poorly maintained private areas could lead to poor

quality appearance.quality appearance. Buying / selling a property may become difficult.Buying / selling a property may become difficult.

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Un-Adopted Roads : Benefits to the Un-Adopted Roads : Benefits to the HouseholderHouseholder

Roads may be built to a high standard with Roads may be built to a high standard with special features.special features.

Roads maintained to residents choice.Roads maintained to residents choice. Opportunity to have gated community with Opportunity to have gated community with

greater security.greater security. Greater control over visitors.Greater control over visitors. Residents may have control over parking.Residents may have control over parking. May increase house values and make May increase house values and make

selling a property easier.selling a property easier.

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Adoption IssuesAdoption Issues

Adoption is not a planning issue and can not be Adoption is not a planning issue and can not be controlled by condition.controlled by condition.

The Highway Authority cannot force developers The Highway Authority cannot force developers to put roads forward for adoption.to put roads forward for adoption.

Developers currently dictate the time when they Developers currently dictate the time when they wish to discuss adoption.wish to discuss adoption.

At times adoption is discussed on completion of At times adoption is discussed on completion of works and without any inspection by the works and without any inspection by the Highway AuthorityHighway Authority

When roads are put forward for adoption, the When roads are put forward for adoption, the roads may not be built to adoptable standard.roads may not be built to adoptable standard.

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Adoption IssuesAdoption Issues

Delays due to sewer adoption, land ownership Delays due to sewer adoption, land ownership issues, or commuted payments.issues, or commuted payments.

House purchasers move in to a property without House purchasers move in to a property without properly investigating/understanding their properly investigating/understanding their liability. Later buying and selling property liability. Later buying and selling property becomes a problem.becomes a problem.

Pressure can be put on local members and the Pressure can be put on local members and the Highway Authority for the road to be adopted.Highway Authority for the road to be adopted.

The process can take a long time and the delay The process can take a long time and the delay is usually blamed on the Highway Authority.is usually blamed on the Highway Authority.

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Recent Improvements to the Recent Improvements to the ProcessProcess

Report presented to Highways & Transport Report presented to Highways & Transport Panel on 10th November 2009 with Panel on 10th November 2009 with recommendations on improvement.recommendations on improvement.

Process approved by the Executive Member Process approved by the Executive Member of Highways & Transport. of Highways & Transport.

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Recent Improvements to the Recent Improvements to the ProcessProcess

a)a) In order to give greater clarity:In order to give greater clarity:

on developments with no through route, only the on developments with no through route, only the main access road will be considered for adoption.main access road will be considered for adoption.

b)b) In order to give earlier certainty:In order to give earlier certainty:

the extent of adoption should be agreed in the extent of adoption should be agreed in principle by the developer and Highway Authority principle by the developer and Highway Authority at the planning stage. at the planning stage.

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Recent Improvements to the Recent Improvements to the ProcessProcess

c)c) In order to achieve a signed Section 38 Agreement as In order to achieve a signed Section 38 Agreement as quickly as possible:quickly as possible:

pressure should be put on developers to enter into S 38 pressure should be put on developers to enter into S 38 Agreements by the use of highway informative notes in the Agreements by the use of highway informative notes in the planning consultation response. planning consultation response.

d)d) In order to ensure long-term maintenance of un-adopted In order to ensure long-term maintenance of un-adopted roads for the benefit of residents:roads for the benefit of residents:

if developers state that they do not want to offer roads for if developers state that they do not want to offer roads for adoption, the long term maintenance should be secured adoption, the long term maintenance should be secured through a S106 obligation.through a S106 obligation.

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Recent Improvements to the Recent Improvements to the ProcessProcess

e)e) In order to give greater clarity to residents:In order to give greater clarity to residents:

street name plates on un-adopted roads should clearly identify them as such street name plates on un-adopted roads should clearly identify them as such

f)f) In order to improve joint working for collective benefit:In order to improve joint working for collective benefit:

aspects requiring cooperation of the LPAs are discussed with them and aspects requiring cooperation of the LPAs are discussed with them and protocols established under Pathfinder.protocols established under Pathfinder.

g)g) In order to reduce the numbers of roads waiting to be adopted:In order to reduce the numbers of roads waiting to be adopted:

backlogs of historical adoptions should be actively managed down by HCC backlogs of historical adoptions should be actively managed down by HCC as quickly as resources permit.as quickly as resources permit.

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Any Queries / QuestionsAny Queries / Questions