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Redrow won’t submit a Section 38 to the council, so they can continue charging maintenance fees
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You seem convinced that Redrow benefits financially, but you haven't explained how that works.
FirstPort are a very large business that does the management for lots of estates around the country. Are you seriously suggesting they give Redrow a back-hander? That would be scandalous, if it were true. Do you have even a shred of evidence?
Could I suggest that you try to form a residents association that offers to take over the management.
No reliance should be placed on the above! Absolutely none, do you hear?0 -
Their reply was: “In this case, the Section 38 Agreement, which would allow the private streets to be adopted by the Highway Authority, was not completed. As a result, the roads remain private and cannot be adopted unless the developer chooses to progress an adoption agreement and can demonstrate that the streets have been constructed fully to adoptable standards. Redrow has previously confirmed that it does not wish to pursue adoption and intends for the streets within [retracted] to remain private.
“Given this position, any concerns relating to areas outside the existing limits of adoption should be directed to the landowner or the appointed management company. This includes requests for the roads to be adopted, as adoption can only proceed where the landowner voluntarily enters into a Section 38 Agreement.”
I don’t take everything the council says at face value — an independent councillor told me they are generally hostile to adopting new developments —
The councillor is probably right, although I'd probably say "disinclined" rather than "hostile". There's not much to gain for a highway authority adopting streets, and ongoing hassle and complaints to deal with if they do. The main driver though is developers wanting to build the roads on the cheap using minimal land, in order they can increase the dwellings per hectate and keep the planning department happy in meeting their new homes target.
You are right not to take everything the council says at face value. The two bits I've bolded above are both wrong.
A S38 agreement is one way in which a road can be adopted, but there are others. Including in circumstances where the current owner doesn't want the road/street adopted, or for that matter where there is no known owner.
So "cannot be adopted" and "adoption can only proceed where…" are only true where the S38 process is being used, and thus are not the truth, the whole truth and nothing but the truth.
In practice the council is unlikely to adopt other than via the S38 route, as the alternatives don't really allow the highway authority to charge the developer the costs of bringing the road up to an adoptable standard, nor to chuck in some extra money (e.g. via S106) to sweeten the deal.
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We have started ourselves a steering committee in advance of getting control of the estate management company to try and improve the services of First Port and push Vistry to get on with the adoption. It's been over a year and nothing much has happened. The majority of correspondence we send Vistry and First port is ignored. Even though as an estate we pay Firstport over £25k a year.
Sense is not common.1 -
It's absolutely no help for you in your present home, but next time you buy somewhere make sure the owners of the houses are in charge of maintenance.
It's worth noting that the grass and playgrounds are only part of the issue. At some stage the roads themselves will at least need resurfacing, and that's really expensive.
No reliance should be placed on the above! Absolutely none, do you hear?0 -
Redrow benefits if only be not meeting the cost of any adoption agreement with the Council, s106 etc and associated admin costs.
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Even if the roads are adopted you will still have a service charge for the green spaces and playground. The council won't adopt those.
Check Your paperwork as to whether the roads and drainage are planned to be adopted, there will be clauses in the land transfer document if they are.
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Indeed, Redrow may not have built the roads to adoptable standards. But, that should have been determined by the OP before deciding whether to buy the property. That’s very different from a conspiracy, as the OP suggests.
As long as buyers fail to do proper due diligence before buying new property, the developers will continue to skimp on infrastructure.
No reliance should be placed on the above! Absolutely none, do you hear?0 -
I understand one reason one of my local council's has a general policy all residential streets are to be adopted is because the area has a large number of unadopted streets - many Victorian/Edwardian - and they are now in such a state of disrepair there is pressure from residents to Councillors to do something.
Limited funding is available, but some streets are being upgraded to prevent damage to properties.
OP check the planning documents and see what the planning report and decision notice says about the road adoption.1 -
Do you have a clause similar to this in your land transfer document:
If you do then they do intend to have the highways and drainage adopted.
The roads on our estate are not adopted yet, the house we have just bought is 7.5 years old. But the developer will get them adopted eventually and we are indemnified against any costs associated with gaining the adoptions.
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If you do then they do intend to have the highways and drainage adopted.
Clause 12.9.3 is just a generic provision - by itself it doesn't commit the developer to do anything (with the roads). There would need to be a schedule or plan showing the extent of the "Adoptable Roads" for it to be enforceable.
The use of the word "any" indicates it is possible there are none.
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