Agenda item

A copy of a discussion paper that was prepared as part of the Local Highway Authority Sub Group is enclosed for information.

The paper includes the Sub Groups considerations and proposals that were submitted to the Parliamentary Policy and Legislation Review Working Party for the Adoption of New Roads

Chris Bond also explained that in response to the House of Commons debates, Phillip Hammond MP, Secretary of State for Transport commissioned the Department of Transport (DfT) and the Department of Communities and Local Government (DCLG) to meet with Local Highway and Planning Authorities to discuss options and opportunities to improve the existing systems associated with the adoption of new streets in developments and any legislative amendments that would assist.

The resultant Policy and Legislation Review Working Party commissioned a sub group of Local Highways authorities, led by Northamptonshire Council, to consider the matter in greater detail and prepare a paper for discussion.

The sub group investigated many of the concerns that the Northamptonshire County Council review had looked into along with other neighbouring authorities.

They considered that the success of the highway adoption process relied on supporting the programme of a developer as much as possible whilst reducing the potential for abortive works. The aspiration should be a seamless transition from the planning arena to the construction phase. They considered a system that could work without reference to current legislation. This enabled a review of the system that identified current shortcomings with existing practice of legislative constraints to such a system.

In summary such a system could include:

•        Defining the functions of a street to ensure it is ‘Fit for Purpose’. A simple checklist approach may assist to avoid doubts.

•        Pre Planning Application consideration of layout, practicality, drainage and whether the proposal would be ‘Fit for Purpose’. This would require far greater detail at the Pre Planning stage but would ensure that all matters that may affect future adoption are considered and explored before an application is submitted. This would also help Local Planning Authorities to fully appreciate and consider highway related matters and implications.

•        Agreement at the Pre Planning stage regarding the future management and maintenance of public areas and infrastructure such as the streets, drainage systems and public open space and amenity areas.

•        A standard Planning Application validation requirement to clearly identify areas of the public realm that would be offered for public adoption be they streets or areas of open space.

•        A standard Planning Condition requiring the details of the management and maintenance of streets/public realm to be submitted. In order to discharge the condition a signed Section 38 agreement or an agreed Private Management Company agreement would be required. The Local Highways Authority Sub Group suggests the following condition:

Prior to the commencement of development hereby permitted details of the future management and maintenance of the proposed streets shall be submitted to and gain the written approval of the local planning authority. The streets thereafter be maintained in accordance with the approved management and maintenance details.

•           Publication of advice and guidance for all parties in plain English to explain the system as it should work, determining and spreading best practice and ensuring that all parties within or affected by the system feel engaged and can understand the process, limitation, liabilities and obligations for themselves and others.

•           It is recognised that legislative changes to the Sections 219 and 220 would be required to facilitate full implementation of the above approach.

•           Other initiatives noted above would require only changes to working practice and improvements to communication between Local Highway’s Authorities and Local Planning Authorities even within some Unitary Authorities and communication with all other parties associated with the development process from scheme inception to construction and residential occupation.

In addition to the unconstrained review, other options and opportunities in terms of changes to current practice have also been considered and in summary included:

•           Make Section 38 Agreements mandatory for all new developments.

•           Amendments to Section 219(1)(a) Highways Act 1980 (as amended) to transfer the link from Building Regulation Approvals to Planning Approvals.

•           Amendments to Section 220(1) Highways Act 1980 (As Amended) to extend the period for serving Advance Payment Codes (APCs).

•           Amendments to Section 104 Water Industries Act 1991

•           Government Statements and Guidance

•           Changes to Building Regulations

•           Drainage System Indemnities

Of the above, some dovetail into the unconstrained approach but could have merits as stand-alone changes rather than being part of a more fundamental review or change. However with the context of a legislative opportunity presented by the Private Members Bill and time constraints associated with them it was felt that the change to Section 219(1)(a) serving the link to Building Regulation approval had the greatest merit as a ‘stand-alone’ proposal within the constraints considered.