Highways Act 1980 Section 219

Robinhood

Hi there,

Can anybody advise what is meant by the following which I believe was uncovered by a Regulated Local Authority Search:

PART 4 MISCELLANEOUS CHARGES

APC 1236
Highways Act 1980 Section 219
Securing payment of £123,752.00
Date registered 15/01/2011

I had been led to believe that it was a bond taken out by the developer to cover the road not being adopted. My solicitor however states that: FOR THE AVOIDANCE OF ALL DOUBT THERE IS NO FUND SET ASIDE BY THE DEVELOPER FOR THE ULTIMATE MAKING UP OF THESE ROADS TO THE APPROVAL OF THE LOCAL AUTHORITY.
This just leaves me wondering what the above is all about. Anybody got any ideas? Thanks.

00ec25

ask your solicitor to explain it, after all it is a bit of legalise and your solicitor is a legal person, which is why you are paying them for the legal stuff.

Robinhood

00ec25 wrote: »

ask your solicitor to explain it, after all it is a bit of legalise and your solicitor is a legal person, which is why you are paying them for the legal stuff.

Thanks. I have done but won't now get an answer until Monday and was just seeing if there was somebody who could put my mind at rest over the weekend.

chappers

Has the road been made up and adopted.
219 is a set aside for making up a road, but if the works have been carried out then it will have been refunded or paid to the contractor carrying out the works.

Robinhood

The road is made up to what seems to be a high standard but it has not been adopted by the council. You'd have no idea looking at it that it is unadopted.

chappers

well I would say that the result of that search is irrelevant as. the purpose of a 219 bond or fund is to ensure that a road that shouldn't be under the control of the council shouldn't become their responsibility.
i.e it is to make sure a private road on a development is made up by the developer or that a road is made up by the developer before it is adopted.
The road has been made up so there is no longer any need for a fund.

Robinhood

chappers wrote: »

well I would say that the result of that search is irrelevant as. the purpose of a 219 bond or fund is to ensure that a road that shouldn't be under the control of the council shouldn't become their responsibility.
i.e it is to make sure a private road on a development is made up by the developer or that a road is made up by the developer before it is adopted.
The road has been made up so there is no longer any need for a fund.

So providing the road is up to the necessary standard the council should adopt it. If there are any issues before that happens and road needs to be dug up, could that be financed from this bond?

martindow

Robinhood wrote: »

So providing the road is up to the necessary standard the council should adopt it.

Many local authorities are not rushing to adopt roads in new estates - don't assume it will happen.

Robinhood

martindow wrote: »

Many local authorities are not rushing to adopt roads in new estates - don't assume it will happen.

Which is exactly why I want to know what the bond is for?

parkrunner

Just out of interest if a council doesn't adopt a road does that mean there are no laws governing it?

chappers

They may or may not adopt the road and it could be a private road. but the council as part of planning may insist it is made up, hence the bond.
If the public can access the road then all the same rules apply. drink driving, speeding etc. If it truly is a private road with restricted access then the rules are different.
Then there are odd quirks, for example St Pierre golf course's private drive way is deemed public road because their is a church that is still in the possession of church in Wales on the grounds