Agenda item

To consider the establishment of a Task and Finish Group to review issues relating to the adoption of new roads, open spaces and play areas.

The Committee considered a report, set out at Agenda pages 13 to 22, which set out the process for establishing a Task and Finish Group to scrutinise the Council’s Policies and Procedures for adopting estate infrastructure (roads, play areas, landscaping and open space).

The report stated that, at its meeting on 19 June 2019, the Committee had considered a suggestion from Andy Croy to set up a Task and Finish Group. Councillor Croy stated that delays in the adoption process were a cause of significant frustration for residents. The proposed Task and Finish Group would be able to look ways to speed up the adoption process and improve residents’ understanding of the role of WBC, developers and individual homeowners.

Appended to the report were draft Terms of Reference for the proposed Task and Finish Group and a briefing on the process for adopting roads and public open space. The briefing set out details of the legal powers relating to highways and public open space and summarised the 79 ongoing Section 38 agreement applications being managed by WBC. These comprised:

·           17 Agreements not instructed – Section 38 Agreement submitted but plans not yet achieved technical acceptance, consequently Legal Services had not been instructed to take any action;

·           32 Agreements instructed – Legal Services had been instructed to progress with drafting the agreement and preparing engrossments (final versions) in communication with the developer’s solicitor;

·           9 Signed Agreements – Section 38 Agreement signed by all parties and sealed by WBC. Works not yet completed to the point where a provisional Certificate of Completion could be issued;

·           21 Agreements on Maintenance – Provisional Certificate issued. Minimum 12 month maintenance period, during which the developer retains responsibility for the site was underway or WBC was awaiting completion of remedial works/sewer adoption/other outstanding issues requiring attention ahead of adoption.

The briefing stated that an Officer task force had been set up in 2018/19 to focus on long-outstanding Section 38 agreements. As a result, three of these sites had now been adopted whilst progress was being made in relation to other sites. Issues preventing adoption included delays to the adoption of sewers and outstanding lighting/remedial works.

Members considered the draft Terms of Reference for the Task and Finish Group and agreed the following objectives:

1.     To consider the Council’s current approach to the adoption of estate infrastructure (new and historic);

2.     To consider the legal framework and planning process within which the Council operates;

3.     To consider the views of local stakeholders – residents, community groups and Town and Parish Councils;

4.     To consider the views of housing developers;

5.     To consider examples of best practice across the country;

6.     To consider how progress on adoption is monitored, reported and communicated to Members and local stakeholders (including new residents);

7.     To produce a final report to the Executive with recommendations for improvement.

In relation to witnesses, Members agreed the following list: WBC Members and Officers; residents, community groups, Town and Parish Councils; experts/representatives from other local authorities; developers and the Home Builders Federation.

RESOLVED That:

1)     the proposed Task and Finish Group on Adoption of Roads and Open Spaces be established;

2)     the Task and Finish Group comprise Andy Croy (Chairman), Paul Fishwick, Sarah Kerr and Abdul Loyes;

3)     the Task and Finish Group’s Terms of Reference, appended to the report, be agreed, subject to the amendments set out above;

4)     the Task and Finish Group submit its final report to the Committee at its meeting on 27 November 2019.