Decision details
Recovery of expenses due to extraordinary traffic linked to the Derwenthorpe development on Fifth Avenue
Decision Maker: Corporate Director of Place
Decision status: Decision Made
Is Key decision?: Yes
Is subject to call in?: No
Decision:
City of York Council, the Joseph Rowntree
Housing Trust (JHRT) and David Wilson Homes (DWH) have agreed a
contribution from DWH to compensate the Council for the repairs
which are required on Fifth Avenue as a result of the extraordinary
traffic linked to the Derwenthorpe development site.
DWH have offered a contribution of £120,000 to the Council.
This offer and the works required to bring the street back to an
acceptable standard have been reviewed by the Council’s
Highway Maintenance team. The review concluded that the amount
offered would cover the cost of making the additional repairs,
which are now required as a result of years of construction traffic
using the street to access the development site.
The decision is therefore to accept DWH’s offer of
£120,000 for the Council to recover expenses due to
extraordinary traffic linked to the Derwenthorpe development on
Fifth Avenue. A legal agreement will be drawn up between the
interested parties to accept the sum offered and discharge the
developer of its obligation with regards to the repairs required on
Fifth Avenue due to the extraordinary traffic.
Once the contribution is received, the Council will organise the
work with suppliers, in line with the Council’s procurement
policy. As Fifth Avenue provides access to a primary school and
developer funded works are already planned at the junction of Fifth
Avenue and Tang Hall Lane for summer 2024, works are likely to be
undertaken during school holidays in the first half of 2025 to
reduce the impact of the works on school access.
Options Considered:
Option 1 - Undertake the repairs without a
contribution from the developers – this would not provide
best value to the Council.
Option 2 - Accept the offer – recommended option as it has
been assessed as sufficient to cover the cost of the repairs
required by the Council’s Highways Maintenance team.
Option 3 - Reject the offer and require a higher contribution (in
court or through arbitration) – this was reviewed with the
CYC legal team, and it was not considered an expedient option as
any increase in the compensation received would likely be modest
and the Council would have to pay for its legal costs (including
experts, etc).
Options Rejected:
Option 1 - Undertake the repairs without a
contribution from the developers;
Option 3 - Reject the offer and require a higher contribution (in
court or through arbitration)
Publication date: 03/05/2024
Date of decision: 03/05/2024
Accompanying Documents: