Existing Private Roads

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.

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.