Road needs resurfacing
Reported in the Roads/highways category by Francis Bull at 18:38, Sat 24 April 2010
Sent to Sandwell Borough Council 2 minutes later
This is an unadopted road that desperately needs resurfacing the local residents have already fixed the potholes in the past but due to traffic using it on a regular basis to turn their vehicles around when visiting the local shops the road has deteriorated the residents have asked Sandwell council to adopt the road in the past but they have said they have not got the money to do it.i have recently read a story in the express and star about the council adopting a road in sandwell and paying to have it resurfaced
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this is the response i received
ACCESS ROAD SIDE OF 103, CITY ROAD, TIVIDALE
Thank you for your email concerning the poor condition of the access road sited at the side of 103, City Road, Tividale.
This access road is privately owned and therefore, does not form part of the highway network maintained by the Council.
The Highways Act 1980 empowers the Council as a Highway Authority to declare a private street to be a highway maintainable at public expense. This process is called adoption and is usually undertaken at the time of construction taking form of an agreement between a developer and the Council. There is no compulsion upon a developer to enter into such an agreement and with specific regard to this access road did not happen.
Although it is extremely uncommon for a private highway to be adopted in a way other than by agreement subsequent requests for adoption, such as yours, are considered and judged on an individual basis. A prerequisite is agreement of all land owners to do so. Fore mostly there needs to be substantial justification especially when a large number of years have ensued since construction. The Council would also need to consider whether or not the highway in question provides sufficient benefit to the public to justify being maintained at public expense. In any event, a decision to do so would be subject to approval of the Council’s Neighbourhoods and Housing Committee.
I trust that the foregoing satisfactorily answers your enquiry.
Yours sincerely,
Simon Gelencser
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