Deadlock over road adoption for Leighton Buzzard housing estate

Street adoption is the process by which the local highways authority takes on ownership and responsibility for maintenance of a private road, while making it part of the public highway.

This process is governed by Section 38 of the Highways Act 1980, which allows a developer to enter a legal agreement with a council.

“Residents of the Priory Pages development on Sandhills in Leighton Buzzard have been waiting years for their roads to be adopted,” according to Liberal Democrat Leighton Linslade South councillor Emma Holland-Lindsay.

During written questions at a full CBC meeting, she asked: “Please can the council leader within his responsibility for planning explain why there’s been such a delay, and when residents can expect the adoption process to be completed?”

Independent Potton councillor Adam Zerny replied: “Not all the roads on the Sandhills estate, which I believe were built in 2017, have been adopted.

“The question implies that none have, but there’s a significant part of the development which has been (adopted) already. Site 14, which accesses Clay Furlong, was adopted last July, while Site 15A is currently going through the legal negotiations with the developer.

“I’m told a draft agreement was provided in January, but no response has been received to date. The road adoption process is driven by the developers. So while we may want to, it’s not for CBC to force a development to be adopted.

“I’d prefer a national system where there’s a period of time by which the developer has to put that development to the standards set out by the highways authority, when achieving planning permission, and there’d be penalties if not.

“I’ve written to the government about this in the last couple of years. I don’t think there’s currently a wish at a national level to make life any more difficult for developers.”

Councillor Holland-Lindsay said: “The challenge residents face is that they’re stuck between the developer and the council, and the developer is making it clear in this scenario it believes the council is delaying matters.

“How can we break through this kind of deadlock? Can the council be the bigger organisation here and proactively move this forward?”

Councillor Zerny added: “I’ll say again the developer has had this (documentation) since January.

“It’s important we continue to place pressure on the government for those in Westminster to realise the high level of impact these situations have on residents living at these developments.

“My advice is to speak to residents, hear from them what’s being said and then make sure to liaise with the appropriate officers to help progress matters locally.

“I think our officers have taken firm actions on this case, as they have with many others. But for me, the problem here is at a national level, and I don’t believe the council is at fault over this.”