Decision details

Background / Decision Summary:
City of York Council entered into an agreement with York (Haxby Road) Limited, the developers of Sandringham Court (off White Cross Road, Guildhall Ward), in 2013. The purpose of the agreement, under Sections 38, 228 and 278 of the Highways Act 1980, was to enable the construction of the development’s access road to an adoptable standard so that the road would become maintainable at public expense by the Council.
A cash bond of £40,000 was agreed as part of the agreement and is held by CYC. The current value inclusive of interest is £44,990.69
York (Haxby Road) Limited went into administration and was liquidated. The agreement was novated to Niche Homes Limited in 2014.
A part 1 certificate was issued by the Council certifying that the highway infrastructure works were completed to the satisfaction of the Council in 2013.
For the road adoption process to progress further, the Council requires confirmation that the drainage/sewage apparatus has been adopted by the relevant body (Yorkshire Water in this case).
Unfortunately, the drainage adoption did not progress as planned. A section 104 agreement is in place with Yorkshire Water for the surface water sewers (although the adoption process is not complete), but there is no agreement in place for the foul sewers. Both sewers therefore remain privately maintained.
Extensive negotiations have taken place between the Council and the developers, but the developers have confirmed that they are not willing to undertake the works required for Yorkshire Water to be able to adopt the sewers.
The value of the cash bond held by the Council is not sufficient to cover the cost of the works required to complete the adoption process. This would need to include the works required for the sewers to be adopted by Yorkshire Water and to complete highway remedial works. The bond’s value (just under £45,000) will not cover the full cost of the works (estimated in excess of £100,000) so the Council would need to make a significant financial contribution for the works to be completed and would need to assume the financial and contractual risks associated with the works. The Council is under no obligation to adopt the road, which can remain privately maintained, with the responsibility for its maintenance falling to the landowners.
The Council also needs to consider the issue of street lighting for the development.
There are currently 4 lamp columns installed in the privately maintained area. In November 2025, Northern PowerGrid contacted the residents, advising them that the lamp columns would be disconnected as the annual equipment inventory had not been submitted and the electricity is not being paid for.
Officers contacted Northern PowerGrid to ensure that the lights where not disconnected whilst the issue of road adoption was still being considered.
A decision is now required on whether the Council should continue to provide street lighting for the development in the long term (the estimated cost of electricity and maintenance over the 25-year lifetime of the 4 lamp columns is £11,300 over 25 years, equating to £450/year). Legal advice received on this matter has confirmed that it is not possible for the Council to use the cash bond to cover the street lighting costs.
The Council’s duty to maintain street lighting (under Section 41 of the Highways Act 1980) applies specifically to adopted highways. Although the Council cannot be compelled to take the responsibility for street lighting on a privately maintained street, the Council is able to make the decision to provide lighting in this area (under the Public Health Act 1875 & the Council’s general power of competence). If the Council decides not to take the responsibility for the streetlights in the longer term, the responsibility to provide and maintain lighting will fall back to the landowners.

Decision:
Option 3 - Street to remain privately maintained: The Council could decide to terminate the agreement, with the street remaining privately maintainable. The cash bond will need to be paid back to the developer
Option 5 - Council to assume responsibility for the streetlighting – recommended option: The Council could decide to assume responsibility for the 4 lamp columns on the privately maintained street. This option results in a modest cost for the Council but would support the Council’s wider objectives (quality of life, safety, accessibility).

Highway adoption
1. Adoption without addressing the issues: If the Council were to adopt Sandringham Court this would not be in accordance with the adoption process followed by highways authorities (and described in government guidance here: https://assets.publishing.service.gov.uk/media/62e7b821d3bf7f75b9121a6a/advice-note-highways-adoption.pdf) and would result in significant future financial liabilities for the Council due to the unadopted sewers.
2. Adoption following works carried out by the Council: The Council could decide to terminate the agreement and use the bond to partly fund the works required for the sewers and the road to be adopted. However, the value of the bond will not cover the costs of the works required for the sewers to be adopted and the Council would be required to assume significant financial liabilities to bring the sewers and the road to the required standards.
3. Street to remain privately maintained – recommended option: The Council could decide to terminate the agreement, with the street remaining privately maintainable. The cash bond will need to be paid back to the developer.
Street lighting if the street remains privately maintained
4. Streetlights to remain the responsibility of the landowners: In line with option 3 above, the Council could decide to refuse to take the responsibility for street lighting if the street remains privately maintained. The provision of lighting will fall to the landowners. If they fail to organise this, it is highly likely that the streetlights will be disconnected.
5. Council to assume responsibility for the streetlighting – recommended option: The Council could decide to assume responsibility for the 4 lamp columns on the privately maintained street. This option results in a modest cost for the Council but would support the Council’s wider objectives (quality of life, safety, accessibility).

1. Adoption: unacceptable financial and legal impact on CYC
2. Adoption following works using the bond: insufficient funds available to bring the sewers and the road to adoptable standards.
4. Streetlights to remain the responsibility of the landowners: although the Council does not have a duty to take the responsibility for the streetlights, having considered the high risk of disconnection if the landowners fail to organise and the modest cost to the Council, this option has been rejected.