REPORT FOR INDIVIDUAL EXECUTIVE DECISION MAKING
MEETING 19 JULY 2004
HOUSING STOCK TRANSFER – Adoption Issues
EXECUTIVE MEMBER(S):
COUNCILLOR R LOWES: EXECUTIVE MEMBER FOR HOUSING
EXECUTIVE DIRECTOR(S):
JOHN RICHARDSON: EXECUTIVE DIRECTOR FOR ENVIRONMENT AND
NEIGHBOURHOOD SERVICES
PAUL SLOCOMBE: DIRECTOR OF RESOURCES
PURPOSE OF THE REPORT
1. To highlight issues relating to adoption of carriageways / footpaths that have arisen
during the Housing Stock Transfer process and make recommendations to resolve the
problem.
BACKGROUND AND EXTERNAL CONSULTATION
2. As part of the Housing Stock Transfer process boundaries have to be agreed for the
land and property assets that will transfer to Erimus. In parallel with this, consultation
has been undertaken with Transport & Design Services (Engineers) to identify the
extent of adopted carriageways, footpaths or verges within the proposed sale
boundaries.
3. Adopted highway is maintained by the Council from the General Fund and will not
impact financially on the Erimus business plan. Where carriageway, footpaths, verges
within transferring land is not adopted then the maintenance costs will fall on Erimus.
4. Certain areas have been noted where usual criteria suggest these should be adopted.
Inspections have taken place and budget estimates provided to Housing where work is
required to bring them up to standard. Environment (Engineers) would expect Housing
to fund this work.
5. The schedule below lists costs identified to date which are the main areas of concern.
There may be additional areas identified by the end of the mapping exercise and a
contingency has been included in the total estimate.
6.
Location
3 C’s Estates, Cargo Fleet
Brambles Farm
Hemlington
Grove Hill (Easson Street / The
Close)
Netherfields & Park End
Grove Hill
3 C’s Estates, Cargo Fleet
Hemlington
Description
Carriageways & adjacent
footpaths
Carriageways & adjacent
footpaths
Carriageways & adjacent
footpaths
Carriageways & adjacent
footpaths
Cost Estimate
£2,550
Carriageways & adjacent
footpaths
Sub Total
£9,995
Stand alone footpaths
Stand alone footpaths
Stand alone footpaths
£27,269
£7,664
£23,044
£57,977.00
Sub Total
£6,633
£2,238
£1,969
£23,385.00
Contingency
Future identification through
land transfer process prior to
transfer.
£20,000.00
Engineers TOS to supervise
work
Estimate 10%
£10,136
Total Estimate
£111,498.00
7. Many of the carriageway / adjacent footpath require minor repair when considered on
an individual basis, however, these total a sizeable sum.
8. The plan attached (3C’s estates) is illustrative of the problem. Council housing stock
within the red verge will be sold to Erimus, properties in third party ownership hatched
green are excluded from the sale. Also shown are existing adopted carriageways /
footpaths (yellow / red) and verge (green). The situation exists where third party
property is accessed via unadopted roads.
9. Certain unadopted areas are in an acceptable condition and formal adoption under the
Highways Act 1980 is recommended. Authority to adoption will be sought through the
Delegated Authority procedure on a periodic basis (Executive Director – (Environment
& Neighbourhood Services).
10. In the case of the 3c’s example, Crinklewood and the footpath from Cinderwood can be
adopted without work. The remaining streets require works totalling approximately
£2,550 plus T.O.S.
OPTION APPRAISAL /RISK ASSESSMENT
11. Options are:
(A) Adopt prior to transfer subject to Housing (HRA) funding work
This would provide a speedy solution and minimises any impact on the General Fund.
(B) Adopt prior to transfer relaxing the view on requirement for work
Unless additional provision is made, the costs identified by Engineers to undertake the
work together with ongoing maintenance would fall on the existing highway
maintenance budget or the capital programme both of which are under pressure. Any
safety issues would have to be addressed.
(C) Do nothing and pass responsibility to Erimus
This would leave the maintenance and financial responsibility with Erimus. It is
probably the least favourable of the options and not the best long term solution.
(D) Seek agreement with Erimus to adopt subject to Erimus funding the costs post
transfer
This would avoid any financial impact on the General fund and achieve a solution in the
longer term. Interim maintenance and financial responsibility would fall on Erimus but
the period prior to adoption would depend on inclusion of funding within the business
plan
12. Corporate Management team on 1 July 2004 considered the issue set out in this report
and recommended that option (A) be pursued and funded from HRA reserves.
FINANCIAL, LEGAL AND WARD IMPLICATIONS
13. If unadopted areas are within land sold to Erimus then liability would pass over, unless
warranties agreed by the Council in the contract documentation prevent this. The main
area of concern may arise from unadopted areas presently maintained from the HRA
where ownership is not to transfer.
14. Certain private properties (most acquired under Right to Buy legislation) are accessed
over unadopted areas. These owners, if aware of the position, may reasonbly expect
that they would have access to their properties over highway maintained to a
reasonable standard by the Local Authority.
RECOMMENDATIONS
15. That necessary works are undertaken and the carriageways and footpaths be formally
adopted.
16. That the costs be met from HRA reserves as present liability is that of Housing
Services.
REASONS
17. To bring the carriageways and footpaths up to acceptable standard and formally
recognise their status as adopted highway.
BACKGROUND PAPERS
No background papers were used in the preparation of this report.
AUTHOR: Andrew Arkle
TEL NO: 729677
Dave Cousans
576960
Steve Binks
728156
______________________________________________________
Address:
Website: http://www.middlesbrough.gov.uk