| The Local Authority may adopt and maintain those public areas essential to the functioning and appearance of residential development. Where public adoption is not practical, alternative arrangements shall be required, to ensure the proper maintenance of such areas. Highways Planning Authorities will approve the size and layout of roads and footpaths within housing areas, taking into consideration the views of the highway authority. The highway authority will approve their construction and drainage, for the purposes of adoption*. Highways details should also be submitted at an early stage for approval, with a view to adoption," to the Transportation and Development Control Section, Environmental Services Directorate, Essex County Council, County Hall, Chelmsford, Essex CM1 1QH. Highways will include carriageways, footways, turning heads, verges, sight splays and forward visibility curves, pedestrian/cycleways and footpaths. Highway verges, where provided, should make a visual contribution to the character of the scheme. Soft landscaping and tree planting should be in species not requiring high maintenance. Where the adopted verges are contiguous with private gardens, (as with road Type 5), the householder should be made fully aware of the rights of the highway authority and statutory undertakers. Covenants may be required to ensure that the householder does not build walls or fences, and carry out tree and hedge planting within the highway land. Parking Spaces and Parking Courts Individual or communal parking spaces provided for the specific use of individual householders will not be adopted or maintained by the highway authority. These spaces must be conveyed to the householders. Where communal parking spaces occur in parking courts, mews courts, parking squares and widened sections of roads and are not for the regular use of any specific dwelling, then they may be adopted by the highway authority. Short term waiting bays for the use of delivery vehicles etc, will be adopted and maintained by the highway authority. 20 mph (30 kph) zones All new residential developments containing a road system which measures more than 100m from the entrance to the development to the farthest extremity of the road system are required to constitute, or form part of, a 20 mph (30 kph) zone (see page 65). In order to qualify for relaxation of signing requirements for speed restraint measures each development must receive a Department of Transport Certificate. | This will be applied for after speed checks to confirm that design speeds are being achieved on the completed scheme. However developers can be reasonably certain that their schemes will comply if the highway authority has first approved submitted drawings. Street Lighting Street lighting will be adopted by the highway authority. Schemes should be submitted by the developers to the highway authority for their approval (see page 73). Adoption Procedures To secure the adoption of estate roads as public Highway on completion the developer is strongly advised to enter into an agreement with the highway authority under Section 38 of the Highways Act 1980. When a development receives approval under Building Regulations, then the highway authority will seek a guarantee that all roads, footpaths, verges etc. will be completed in accordance with the standards set down by that authority. Before any building construction work begins on a site the developer must (i) complete payment of the estimated costs of the works under the Advance Payment Code of Section 213 of the Highways Act 1980 or (ii) enter into a Section 38 Agreement and provide a bond for due completion. Once work has commenced on site then the highway authority should be notified so that arrangements for regular inspection and approval can be made. Any highway work which has not been inspected will remain unadopted until relevant tests have been carried out at the developer's expense. Public Open Spaces Where landscaped amenity open space and children's play areas are proposed for adoption the agreement of the District or Borough Council Leisure or Parks and Recreation Department is necessary. These areas should consist of space which is either useful or which enhances the appearance of the development and all other soft landscaped areas should remain in private ownership. The local authority will adopt public open space though this may be on the basis of a commuted sum agreed with the developer. The land will then need to be dedicated or conveyed to the authority for purposes of maintenance. |
