Agenda item

Subject to the required notice being given, members of the public can ask questions of the Leader of the Council, Portfolio Holders or Chairmen of Committees.

The Chairman shall determine the number of questions to be tabled at a particular meeting in order to limit the time for questions and answers to 21 minutes.

One such question was submitted in time for the deadline for this meeting of Noon on Monday 20 February 2023.

Subject to the required notice being given, members of the public could ask questions of the Leader of the Council, Portfolio Holders or Chairmen of Committees.

One question had been received, on notice, from a member of the public on this occasion.

Question

Jeremy Rendle asked the Leader of the Council (Councillor Stock OBE)in relation to Seawick Road and Seaview Road, St Osyth:-

“Does the Council agree with the proposition (in which case, please outline the next steps to be taken by the Council in relation to the two roads), or disagree with the proposition (in which case, please provide a full and reasoned statement outlining the Council's position on the applicability of s.230(7)?”

Background to Question:

“Seawick Road and Seaview Road in St Osyth are in a dangerous state and are in need of urgent repair. I acknowledge that they are 'Private Roads' and that they remain unadopted by TDC.

Section 230(7) of the Highways Act 1980 provides as follows:

"Without prejudice to the foregoing provisions of this section or to any other enactment for the time being in force relating to private street works, the street works authority and also, in the cases mentioned below, the district council may, in any street that is not a highway maintainable at the public expense, execute such repairs as are in their opinion urgently required to prevent or remove danger to persons or vehicles in the street.

The cases in which the district council may act under this subsection are those in which the street concerned [is situated in a non-metropolitan district and] is a footpath, bridleway or any such road as is mentioned in section 42(2)(c) above (urban roads)."

For completeness, s.42(2)(c) of the same Act does not preclude roads such as Seawick Road and Seaview Road.

PROPOSITION: TDC has a statutory power to carry out the urgent repairs required in Seawick Road and Seaview Road.”

Councillor Stock OBE replied to that question as follows:-

“Thank you, Mr Rendle, for your very interesting question.  I did look up the legislation and I did read it but I am sure that everyone will be delighted to know that the response that I am about to give has been run by our Officers for technical and legal accuracy. Firstly, I need to clarify one point in the background to your question: Essex County Council is the adoption authority for roads and not the District Council, we are not the Highway Authority.

In direct response yes, the District Council does possess a statutory power as set out in the Highways Act 1980.  However, it is just one of a vast range of discretionary powers that district councils have and the crucial distinction that needs to be made clear is that it is not a statutory duty.

The District Council can only make decisions within its Budget and Policy Framework, whilst taking into account various considerations.  I appreciate the frustration that is felt, not just in Tendring but right across the entire nation at the state of unadopted roads, and also the state of adopted roads, even including the strategic highway network of motorways and major A roads with increasing numbers of potholes and deteriorating surfaces. But for the avoidance of doubt this Council cannot fix those problems.

Not least because we must never take decisions in isolation and unfortunately, this situation with unadopted roads is mirrored right across every part of Tendring.  If the District Council decided to repair one road, why would that one take priority over another one? How would this impact our financial position and the ability to deliver important statutory services and other important discretionary functions, which our wider residents and community of the District benefit from?

The Highways Authority is the primary authority in such matters, and it may be required to pay for any costs incurred through their highways budgets, which the District Council does not possess.  There used to be an arrangement with Essex County Council to take such actions, but this ceased well over a decade ago when funding was withdrawn.

Ultimately, and this may be a harsh reality, it is the owners of private roads who are responsible for maintaining them, or alternatively, it falls to the property owners immediately abutting the road (known as “Frontagers”) to ensure that access to, and egress from, their property is safe and appropriate.  The Frontagers may also be liable for the costs of making up to adoptable standard, if undertaken by a local authority. Thank you.”