Issue details

CYC officers worked with the developer for the last 18 months to progress the scheme to resolution. Following the results of the CCTV report, extensive discussions have taken place within the department regarding the approach to determination and whether this is the best option.
Unfortunately, the technical, financial, and legal obstacles for the developer are significant and the best option in the interest of CYC is to determinate and not adopt, releasing the surety back to the developer and keeping the road private.
There is an impact on the businesses who use the road with possible maintenance liabilities in the future, including if the development company, FoxOak Properties Ltd with no other assets went into administration. The liability would fall to the freehold owners for the adjacent building plots.
There is a resultant risk to CYC (acting as Street Works Manager and Highway Authority responsible for Common Road) for the pipe that takes the water under Common Road should it fail in the future. The pipe should be maintained by FoxOak Properties Ltd, however in their absence, enforcement action or recovery of reasonable costs would be required.
Should the road and associated drainage infrastructure be brought up to adoptable standards in the future, it would be possible for the developer to apply for the highway to be adopted under Section 37 of the Highways Act 1980.