New Roads (Adoption)

Justin Tomlinson Excerpts

Thursday 10th June 2010 Commons Chamber

[Mr Hollobone]

My hon. Friend is spot on. He is absolutely right, and I am grateful to him for adding the East Riding of Yorkshire to my list. If he will encourage his colleagues there to reply to Tony Ciaburro at Northamptonshire county council, we can complete this list and send it to the Government. That was a most helpful intervention.

I shall continue with the list. Lincolnshire county council said:

“We have had some problems over the years.”

Dorset county council said:

“Confirm this is an issue in Dorset”.

Northumberland county council said:

“NCC and most other Highway Authorities experience exactly the same difficulties.”

Essex county council said that

“we certainly have our fair share of these in Essex.”

Cambridgeshire county council said:

“It is certainly a problem in Cambridgeshire.”

Derbyshire county council said:

“The Highways Act is out of date.”

Staffordshire county council said:

“Similar problems in Staffs together with another issue related to roads constructed by developers that are not intended for adoption.”

Wiltshire county council said:

“Wiltshire certainly has its share of problems.”

Oxfordshire county council said:

“I agree that the legislation as currently set out is well out of date and needs to be re-written”.

Flintshire county council said:

“The problem with unadopted roads that you have highlighted are being experienced throughout Wales…Winter maintenance was a major issue on these roads this last winter, particularly on parts of housing estates which appear to be completed but weren’t obviously adopted.”

That last point is very helpful.

[Justin Tomlinson (North Swindon) (Con)]

As my hon. Friend has provided a detailed list, perhaps I could add my local authority of Swindon. Earlier today I delivered my maiden speech, which touched on road adoption, which was nicely timed for this Adjournment debate. I want to echo 100% the sentiments he has expressed so far, and to add some comments about my experience of the issue. In particular, he has highlighted the problems with the lack of maintenance, and with street lighting and parking, which we cannot administer owing to the lack of double yellow lines, which causes problems of access for accident and emergency vehicles. The only practical way to solve the problem is to introduce a bond scheme for developers, whereby money is put into a pot on the commencement of building. I would therefore support the Government in introducing such a scheme. I also agree that residents are frustrated about council tax.

[Mr Hollobone]

I congratulate my hon. Friend not only on delivering an excellent maiden speech, but on making a most helpful intervention. If Swindon council would like to get in touch with Northamptonshire county council, that would help to complete the national picture.

My hon. Friend mentioned a bond scheme, which is one of the ways in which the Government think the problem can be addressed, but actually does not work. That is because local authorities cannot access the funds held in any bond made by the developer unless the developer agrees. The developer therefore has to go bust before the local authorities can use that money. The idea is one of those things that sounds good in principle, but which, in effect, is toothless.

After our helpful meeting at the Department for Transport, we basically came to the following conclusions. There should be revisions to the Department for Communities and Local Government’s circular 11/95 to include model planning conditions focusing on road standards, with a view to giving a clearer basis for planning conditions to be used in this area. It was noted at the meeting that there would need to be discussions with the Department, and that transport considerations would need to be balanced against wider objectives for the planning system. We also concluded that there would need to be refinements to the section 38 arrangements. Perhaps there could be a timing mechanism, so that, for instance, we would not have to wait for an estate to be completed before the roads were adopted. Perhaps there could be a phased introduction of adopted roads.

There would also need to be changes to the building commencement notification requirements, which is an issue that touches on the advanced payment code mechanism, whereby payments could be advanced by developers once building regulation permission was granted. However, all too often local authorities are not advised when building regulations are commenced. It was also suggested that there could be some innovative funding mechanisms aimed at providing a stronger financial incentive for developers to make roads up to an adoptable standard.

What I want to do in this debate, at the start of the new Parliament, with a new Government and a new Transport Minister, is to say, first: this is a big problem, and it is not going to go away. Unless the Government do something about it, millions of our citizens will be living on new housing estates on substandard roads, with substandard pavements and so on. Secondly, we are talking about an issue that can be tackled effectively through relatively simple Government involvement. Thirdly, on behalf of Kettering borough council, Northamptonshire county council and myself, let me say that we are willing to do anything at any time, and to speak to anyone in the Government to try to make progress on the issue. As the MP for Kettering, I certainly do not want a third of my residents living on unadopted roads in 10 or 15 years.

Fourthly, I invite the Minister to visit Mawsley in Kettering, which is a good example of where, despite the best efforts of everyone involved, the roads remain unadopted. Mawsley is a village—a model village in many senses—that is now 10 years old in parts, but where the roads have still not been brought up to standard.

I welcome the Minister to his post. He has a formidable reputation and knowledge of transport and local government issues. We very much look to him to take up this baton and change lives for the better for thousands of residents in my constituency and millions of our citizens across the country.