Shepway District Council

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Existing Private Roads

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Existing Private Roads

Kent County Council have powers under the Highways Act 1980, Private Street Works section, to adopt existing private roads.

The process and procedure is much more involved than for new roads because of the numbers of people involved. Householders, other landowners and sometimes the original builder may need to be included in the process.

Private Street Works adoptions can take a great deal of time, especially when land ownership needs to be established where Kent County Council are responding to requests from the majority of the householders on an older development.

The following is a brief 'layman's guide' on the process.

The Highways Act 1980 sets out the full legal process that must be followed.

Ten Steps Guide.

1.A report goes to the council committee in Kent County Council for them to resolve to 'execute the street works.'
2.A scheme is then fully designed and estimated costs are calculated.
3.The scheme is submitted to the committee for another resolution to approve the scheme.
4.Notices of the resolution to approve the scheme are published in local newspapers and on the street affected by the works and the householders are notified of the estimated cost they will have to pay.
5.Objections can be lodged based on 6 points set out in the Highways Act.
6.If the objections cannot be resolved then a hearing is held at the magistrate's court.
7.If the magistrate does not allow the objections then the works can start and after it is finished the total final costs of the works are calculated and these are divided between the householders.
8.A notice is served on the householders stating the part of the total costs they have to pay.
9.Objections can be made based on the 6 points as before and these objections are heard at the magistrate's court for resolution.
10.The road can now be adopted.

There several ways that the costs of 'making -up' the street are recovered and usually involves a 'charge' being put on the deeds of the houses.

This means that the council can recover the money due in the future from the sale or leasing of the houses, or if a receiver is appointed.

Kent County Council has made a policy decision not to fund the making up and adoption of private streets.

Paying for the works and having to wait for the recovery of this money from the householders was becoming a large long-term debt. The council simply could not afford to go on with the programme in the 1990's and resolved to stop doing it.

Summary

The adoption of roads has been going on successfully for many years whether they are new roads or older private streets. However, funding by Central Government was stopped over ten years ago and it is unlikely to restart in the near future.

New estate roads continue to be built and adopted by Kent County Council.

It is difficult to see how private streets can be made up and adopted in the future unless some means of funding other than from the general council taxpayers in the county can be found.

Created : Tue,01 May 2007
Updated : -