REPORT OF THE MANAGING DIRECTOR OF URBAN VISION
TO THE LEAD MEMBER OF PLANNING SERVICES
ON THE 13th June 2005
TITLE : Adoption of highways in new developments – planting in service margins within access ways
RECOMMENDATIONS : That the content of the report be noted
EXECUTIVE SUMMARY: The purpose of this report is to review current policy and ensure that appropriate guidance can be given to developers of residential areas.
BACKGROUND DOCUMENTS : None
ASSESSMENT OF RISK :LOW
SOURCE OF FUNDING IS : Not applicable
COMMENTS OF THE STRATEGIC DIRECTOR OF CUSTOMER AND SUPPORT SERVICES (or his representative):
1. LEGAL IMPLICATIONSProvided by: P Lewis
2. FINANCIAL IMPLICATIONS; Not applicable Provided by: Not applicable
PROPERTY (if applicable): N/A
HUMAN RESOURCES (if applicable): N/A
CLIENT CONSULTED: YES
CONTACT OFFICER :D A Dean x3866
WARD(S) TO WHICH THE REPORT RELATES :All wards
KEY COUNCIL POLICIES :Unitary Development Plan, Improving the quality of life.
1.0BACKGROUND
1.1 The Council has attracted adverse publicity in the media recently because of the activities of a housing developer who was carrying out pre-adoption works to a residential estate in Boothstown. The development referred to in the media was constructed several years ago but has not yet been adopted by the Council.
1.2A number of housing developments have been constructed to include a feature referred to as an access way. This form of construction includes an unpaved service margin between the kerb and the adjacent garden. The service margin is defined in the agreement between the City Council and the developer and it is made clear that it should remain free from any substantial planting or obstructions. Prior to adoption, the developer is expected to ensure that the development complies with the terms of the agreement and carries out any works required to bring the roads to adoptable standards. In the recent case quoted in the media, the developer had notified local residents of his intention to remove what is considered to be inappropriate planting from the service margins. Many of the residents strongly objected to the developer’s proposals. The developer is now requesting guidance from the Council.
1.3There are many similar developments, throughout the city where roads which have not yet been adopted and where the Council may be exposed to similar adverse publicity during the works required to prepare this type of road for adoption. The purpose of this report is to review current policy and ensure that appropriate guidance can be given to future developers of residential areas.
2.0DETAILS
2.1The type of road known as an ‘access way’ consists of a small informal cul-de-sac comprising of a surfaced area, delineated by a kerb and intended for the joint use of pedestrians and vehicles. This area is surrounded by a landscape strip, usually 1.8m wide which is referred to as a service margin. Such access ways have been constructed in developments throughout the city
2.2Service margins are usually contiguous with private gardens and as such tend to be maintained by the property owner / occupier. However, they are reserved, primarily, to ensure that the public utilities companies can accommodate, repair and maintain their services. They also provide a safe clearance for the overhang of larger vehicles using the, often narrow, surfaced areas. It is made clear in the agreement between the Council and a developer that the service margin is to form part of the highway.
2.4A developer is required to inform the house buyers of the restrictions and obligations associated with service margins at the time of transfer. These restrictions and obligations should be written into the deeds or lease agreements appropriate to each property. The developer in question in the recent publicised case has confirmed that these obligations have been carried out.
2.5The following activities, planting and features are not currently permitted within the service margins :
- building of structures such as walls, fences, steps and hard landscaping – i.e. rockeries, etc.
- planting of hedges.
- planting of trees and shrubs that are more than, or have the potential to grow to more than 600 mm in height, when fully grown.
A list of acceptable types of planting is provided as guidance for the developer
2.6In the case quoted above, the developer had notified affected residents of the intention to remove inappropriate planting and obstructions, and was experiencing a degree of opposition to his proposals.
2.7The City Council makes available for developers a guide on acceptable construction standards. That guide has recently been re-written and is to be made available for consultation in the near future. In line with other authorities in the Greater Manchester area, it will be proposed that the future construction of access ways will not be approved.
2.8The following options have been identified;
- Advise the developer that the current policy must be adhered to and that adoption will not proceed until the agreement has been implemented.
- Advise the developer that the criteria as detailed in paragraph 2.5 should still be specified, but that contravention of the criteria by residents will not prejudice the adoption of the development.
2.9It is recommended that the second option be used to redefine highway policy. The developer will be asked to demonstrate that any planting he undertakes will comply with the guidance. It is also acknowledged that in some instances, residents will supplement the planting, which could be considered an obstruction in an adopted highway and constitute a criminal offence. However it is not considered appropriate that the actions of a minority of the residents should prevent the adoption of a development to the detriment of both the developer and the majority of the residents. Therefore, in these circumstances it is also recommended that the Council send a letter to offending residents at the time of adoption which explains their liability for any damage which may occur to the highway, the users or any underlying services as a result of their actions. It will also refer to the possibility that their actions may constitute a criminal offence.
Bill Taylor
Managing Director of Urban Vision