The problems of unadopted roads on our new housing estates

Letter by: Byron Roberts, Firs Close, Horsham
Road surface issues on the unadopted part of a road in SussexRoad surface issues on the unadopted part of a road in Sussex
Road surface issues on the unadopted part of a road in Sussex

I wrote recently to the WSCC Highways Authority to ascertain why our road has not been adopted and was surprised by the reply.

I had assumed that the decision was one for the council or a decision arrived at after dialogue between the developer and the council. It turns out that the decision is one for the developer to make in all cases.

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If the developer wants the road adopted, it enters into what is called a ‘Section 38 Agreement’ with the council. In doing this it agrees to meet certain quality standards and specifications and works closely with the council until the road is finally adopted.

It may have to pay a bond until the road is completed properly and it will pay the council’s legal fees.

So, why does it matter to residents if a road is not adopted?

Firstly, the council will not be responsible for road maintenance, or street lighting, and possibly drainage, despite residents paying the full council charge.

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Secondly, the developer can build the road to a specification that wouldn’t be acceptable in a ‘Section 38 Agreement’ .

If there are problems resulting down the line, the residents have to pay the bill. They have no option and could face significant costs to put things right.

Very many people in Horsham are already affected by this unfair and discriminatory state of affairs and many more will be ‘caught out’ as planned new estates come into being.