MIDDLESBROUGH COUNCIL
AGENDA ITEM
Making up of Private Streetworks - Residents request for Green Way and Green Close, Nunthorpe: Suitability for Adoption
Executive Member for Streetscene Services & Transport: Councillor Nicky Walker
Director of Adult Social Care and Environment: Mike Robinson
10 September 2012
PURPOSE OF THE REPORT
- The purpose of this report is to consider adopting the principles of the Private Streetworks code following a request from the Chairman of Green Way and Green Close Residents Association that Middlesbrough Council ‘make up’ and adopt these private streets.
SUMMARY OF RECOMMENDATIONS
- It is recommended that Middlesbrough Council, as the Highway Authority:
1)Accepts that Green Way and Green Close are not of a suitable standard to adopt in there current form as public highway
IF THIS IS A KEY DECISION WHICH KEY DECISION TEST APPLIES?
It is over the financial threshold (£150,000) / XIt has a significant impact on 2 or more wards
Non Key
DECISION IMPLEMENTATION DEADLINE
- For the purposes of the scrutiny call in procedure this report is
Non-urgent / X
Urgent report
If urgent please give full reasons
BACKGROUND AND EXTERNAL CONSULTATION
- The residents of Green Way and Green Lane, Nunthorpe have been pressing for their streets to be adopted by the Council for a number of years. They have been supported and assisted in this endeavour by their local ward Councillors.
There is a formal process for considering such requests which is described in the following paragraphs:
1) Where there is a majority of residents in agreement with a proposal to have a private street adopted they must make a written request to the Council
Following a number of public meetings and discussions with the lead resident the Chairman of the Green Way and Green Close Residents association has formally requested in writing that the Council considers initiating the process to make up and adopt these private streets. Appendix1
A survey of the 40 properties returned 29 in favour, 8 opposed and 3 non-returns, thus a majority are in favour.
2)If the private street is not to an adoptable standard, the Council must pass a resolution to that effect, which requires that the necessary technical drawings and schedules are prepared with respect to the street to enable the Council to execute street works, together with the provisional apportionment of the expenses likely to be incurred by the Authority.
Officers of the Council have inspected the current highway and deemed it to be not to an adoptable standard. Thus the recommendation is to resolve that the road cannot be adopted in its current form.
The remaining steps will proceed if the recommendation is approved.
3)Following the passing of the resolution, the proper officer of the council shall prepare the necessary plans schedules and calculate probable costs to bring the street up to specification. The proper officer also determines a provisional apportionment of the cost to be met by all residents.
4)The plans etc are reported back to the Council for a resolution of approval, with or without modification
5)Once the resolution of approval has been passed, a notice with particulars specified in paragraph 5 of schedule 16 of the Act (resolution, inspection, right of appeal) should be published in a local newspaper, posted prominently in the street and served on the owners of premises liable to be charged.
6)Within one month of the publication, residents opposed to the publication may appeal.
7)Under section 208 of the Act, an owner of premise shown in the provisional apportionment of expenses may object to proposed works on the following grounds
(a)that the alleged private street is not a private street.
(b)that there has been some material informality, defect or error in or in respect of, the resolution, notice, plans, sections or estimate.
(c)that the proposed works are insufficient or unreasonable.
(d)that the estimated expense of the proposed works are excessive.
(e)that any premises ought to be excluded from or inserted in the provisional apportionment.
(f)that the provisional apportionment is incorrect in respect of some matter of fact to be specified in the objection or, where the provisional apportionment is made with regard to other considerations than frontage, in respect of the degree of benefit to be derived by any premises, or of the amount or value of any work already done by the owner or occupier of premises.
8)Any appeal is made to the Council in the first instance.
9)If an appeal is not resolved, the Council may apply to the Magistrates Court for a hearing to determine the appeal.
10)When all disputes have been resolved street works may be undertaken.
11)When the works under the private street works code have been completed, and the final cost ascertained, the Council makes a final apportionment in the same proportions as the estimated expenses and publish, post and serve notice as previously, with the similar rights of appeal.
12)When the works have been executed the street works authority may, by prominently displayed notice, declare the street to be a highway, maintainable at public expense.
13)Recovery of debt can be by instalments, by agreement between the Council and frontages, with interest set at such a reasonable rate as the Council may determine, from the date of the final apportionment.
14)Once an owner receives a demand for payment, they may appeal to the Secretary of State, who has “the widest powers on appeal” to determine the issues.
15)Default in payment, by owners of premises, will be dealt with through the Courts, either: within six months from the date of the demand, by a Magistrates Court; or within six years of the date of the first or any subsequent demand, in the higher Courts (County Court for sums of less than £5,000; High Court for sums of more than £5,000).
16)The expenses become a first charge against the property, with powers of sale available if there is a default in payment(s).
IMPACT ASSESSMENT (IA)
- IA completed, no further action. See attached Impact Assessment Form.
OPTION APPRAISAL/RISK ASSESSMENT
7.There are only two options available to the Council, either to accept or refuse the residents request for Green Way and Green Close, Nunthorpe to be made up and adopted. There is no obligation on the Council to accept a request to adopt a private street, however with limited council expenditure the condition of the roads and drains serving these residents would be significantly improved.
8.The greatest risk to the Council is that of recouping the costs of making up the road to an adoptable standard. However the residents have indicated that the majority are willing to pay the £3894.46 upon completion of the works with other seeking payment terms to spread the cost over a couple of years, for those unwilling to agree payment terms the process described above enables for ultimate cost recovery.
FINANCIAL, LEGAL AND WARD IMPLICATIONS
9.Financial – An initial investment of approximately £174,000, including the Councils agreed 10% contribution, would be required to progress the work, the majority of which would be recovered from residents upon completion of the scheme, with the remainder through either agreed payment terms or ultimately through court proceedings
10.Ward Implications – Only the Nunthorpe ward is affected by the proposal.
11.Nunthorpe Ward Members, Councillors Thompson and Sanderson have been consulted throughout.
12.Legal Implications –Advice from legal services has been sought during the drafting of this report and the procedure described above agreed.
RECOMMENDATIONS
13.It is recommended that Middlesbrough Council, as the Highway Authority:
- The Council accepts that Green Way, Nunthorpe and Green Close, Nunthorpe, currently being private streets, are not to an adoptable standard. Following receipt of the request by the majority of residents of Green Way, Nunthorpe and Green Close, Nunthorpe that the private streets be made up to adoptable standard and adopted by the Council as highways maintainable at public expense, the Council resolves that the proper officer of the Council should now prepare the necessary technical drawings and schedules to enable the Council to execute street works, and should prepare a provisional apportionment of the expenses likely to be incurred by the Council
REASONS
- To bring the private streets up to adoptable standard for the future benefits of residents
BACKGROUND PAPERS
The following background papers were used in the preparation of this report:
Letter from the Chair of the Residents Association
Impact Assessment
AUTHOR: Ian McConville
TEL No: 01642 728160
______
Address:
Website:
Appendix 1
RESIDENTS LETTER
22nd February 2012
Mr M.Robinson
Executive Director of Adult Social Care and Environment
PO Box 505
Civic Centre
Middlesbrough
TS1 9FZ
Dear Mike
Adoption of Green Way and Green Close, Nunthorpe
I am writing on behalf of the Green Way and Green Close Residents Association to formally request that Middlesbrough Council pass the appropriate resolution to begin the process of adopting the above private streets. This request follows a meeting of the Resident Association on the 20th February 2012 where the process necessary to adopt the roads was unanimously supported.
I understand from the process document that this first stage, if supported by the Council will enable the development of the technical drawings and schedules together with provisional apportionments of costs. If you require any further information to support this request please do not hesitate to get in touch and I would be grateful if you could let me know what the likely timetable would be for the first stage to be completed subject to council approval.
I would also wish to express my appreciation for the support provided to the Residents Association by yourself and colleagues in helping us to progress to this stage.
Yours sincerely
Colin Martin
Chairman
Template for Impact Assessment Level 1: Initial screening assessment
Subject of assessment: / Adoption of Private Streets within the Nunthorpe Ward (Green Way and Green Lane)Coverage: / Environment Services
This is a decision relating to: / Strategy / Policy / Service / Function
Process/procedure / Programme / Project / Review
Organisational change / Other (please state)
It is a: / New approach: / Revision of an existing approach:
It is driven by: / Legislation: / Local or corporate requirements:
Description: / Insert short description, using the following as sub-headings:
- Key aims, objectives and activities
- Statutory drivers (set out exact reference)
- Differences from any previous approach
- Key stakeholders and intended beneficiaries (internal and external as appropriate)
- Intended outcomes.
Live date: / July 2012
Lifespan: / July 2012 onwards if approved
Date of next review: / N/a
Screening questions / Response / Evidence
No / Yes / Uncertain
Human Rights
Could the decision impact negatively on individual Human Rights as enshrined in UK legislation? [*] / The proposal is for the streets to be adopted so that the Council becomes responsible for their maintenance. Prior to adopted works will need to be undertaken to ensure the streets are at an adoptable standard. It is not anticipated that this proposal is relevant to human rights.
Equality
Could the decision result in adverse differential impacts on groups or individuals with characteristics protected in UK equality law? Could the decision impact differently on other commonly disadvantaged groups? * / The Council has a duty to ensure that public highways are maintained to certain standards to ensure that they are safe and accessible. Adopting these streets will ensure that works are undertaken that are necessary to ensure that they are also accessible and meet standards.
As part of the development of this proposal consideration was given to the Equality Duty placed upon the Council. It is considered that the proposal will have a positive impact on those with physical or visual impairments by increasing the accessibility of the highway.
Work has also been undertaken to ensure a range of payment solutions are available for those residents less able to pay for the improvement works.
As a result of the above it is not anticipated that the decision to adopt the streets could have a disproportionate adverse impact on residents.
Community cohesion
Could the decision impact negatively on relationships between different groups, communities of interest or neighbourhoods within the town? * / The development of the proposal with residents who have approached the Council has been to ensure as far as possible that any community tensions that could arise as a result of the overall group of residents deciding to pursue adoption are minimised. This has included assisting the lead resident to establish the costs of adoption and a series of public meetings in the area that have been held to discuss the issues and agree a way forward
Sustainable Community Strategy objectives
Could the decision impact negatively on the achievement of the vision for Middlesbrough? Does the decision impact on statutory duties associated with these key objectives? * / The decision is in line with the SCS theme creating safer communities. See the equality section for details.
Organisational management / transformation
Could the decision impact negatively on organisational management or the transformation of the Council’s services as set out in its transformation programme? * / Not applicable to the transformation agenda.
Next steps:
If the answer to all of the above screening questions is No then the process is completed.
If the answer of any of the questions is Yes or Uncertain, then a Level 2 Full Impact Assessment must be completed.
Assessment completed by: / Head of Service:
Date: / Date:
[*]Consult the Impact Assessment further guidance appendix for details on the issues covered by each of theses broad questions prior to completion.