Extract from Highways & Transport Cabinet Panel Minutes –10 November 2009 Item 4(c)
7.FUTURE APPROACH TO HIGHWAY ADOPTION POLICY FOR NEW ROADS
Dave Humby advised on the current arrangements followed to adopt new roads built
as public highway maintainable by the County Council with suggested revisions
to give greater clarity, certainity and expedite the adoption of new roads.
He stated that with the construction of new developments, whilst developers could be encouraged they could not be required by current legislation to offer roads serving new developments for adoption.
One Panel member felt that consideration should be given to lobbying for a change in legislation to assist with the current situation.
The CountyCouncillor for Central Oxhey advised of residential roads which were adopted highway only accessible by a length of un adopted road.
In response to a question, Rob Smith highlighted the limitations of the Advanced Payments Code system and why the County Council had chosen not to operate this system in the last 30 years and felt the system suited areas governed by unitary authorities.
The Liberal Democrat Group Panel Members requested that their opposition to a) [para 7.1 of the submitted report] below be recorded.
That the Executive Member for Highways & Transport be requested to agree the following revised approach for the adoption of new roads as highway maintainable at public expense :-
a)In order to give greater clarity:
On developments with no through route, only the main access road will be considered for adoption. Residential access roads serving underground car parks, supported by structures or taking the form of short culs-de-sac with no wider highway benefit will not 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 (planning and implementation teams) at the planning stage. This should be recorded in the planning consultation response.
c)In order to achieve a signed Section 38 Agreement as quickly as possible:
Pressure should be brought to bear 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 unadopted roads for the benefit of residents:
If the developer states that they do not want to offer roads for adoption, the long term maintenance of private (unadopted) roads in residential developments should be secured as a standard requirement through a S106 obligation.
e)In order to give greater clarity to residents:
Street name plates on unadopted roads should clearly identify them as such.
f)In order to improve joint working for collective benefit:
That the aspects requiring cooperation of the Local Planning Authorities are discussed with them and protocols established under the Pathfinder banner.
g)In order to reduce the numbers of roads waiting to be adopted:
The backlogs of historical adoptions should continue to be actively managed down by Hertfordshire County Council officers as quickly as resources permit.