Cambridge Liberal Democrats

As many of you will know all too well, it is a constant source of frustration for residents and Councillors that many roads and open spaces in our new developments are not adopted by the Councils yet. Thus, we cannot pursue many issues such as the broken street lights, road signs, parking, etc., directly via the Councils. I would like to share some general information about the adoption process from Council officers below.

In short – it’s a complicated legal process. Unfortunately, Councillors are not always kept in the loop, and we regularly have to chase for information and updates. We are continuously keeping this on the Council’s agenda, whether in Council meetings, reporting issues to officers, raising publicity, etc. However, much of it is out of the control of local ward Councillors. I must also highlight the tireless effort of the Trumpington Residents’ Association, who for many years have pushed developers and the Councils to speed up the adoption process and mitigate the negative impacts of building works etc. Their newsletter (if you signed up) is a valuable source of information in this regard.

Finally, please keep reporting any issues in your area via one of the following links: https://www.cambridge.gov.uk/report-it. If they don’t know about it they won’t do anything about it.

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The delivery and adoption of infrastructure on new developments is governed by several statutory processes and legal agreements. These involve many organisations and it may therefore be helpful to clarify how responsibilities are divided.

Planning and Developer Obligations

Planning permissions, conditions and Section 106 agreements are administered through the Greater Cambridge Shared Planning Service.  Through the planning process, developers are required to provide infrastructure such as roads, open space, play areas and other facilities. Planning conditions and legal agreements set out what must be delivered and to what standard, but they do not normally control the detailed timing of adoption by public authorities.

Where a developer fails to comply with a planning condition or approved plans, the Shared Planning Service can consider the use of planning enforcement powers. However, enforcement powers are generally limited to breaches of planning control and cannot normally be used simply to accelerate the adoption of infrastructure where the works themselves are still progressing or awaiting technical approval.

Adoption of Highways

The adoption of roads, footways, street lighting and other highway infrastructure is the responsibility of Cambridgeshire County Council as the statutory Highway Authority. Adoption normally takes place through agreements under Section 38 of the Highways Act, once the developer has constructed the works to the required standards and the County Council is satisfied that they are suitable to become part of the public highway network.  Issues relating to parking restrictions, traffic management and highway safety also fall within the County Council’s remit.

Adoption of Open Spaces

Where public open spaces, play areas or landscaping are intended to transfer to the City Council, this takes place through the relevant Section 106 agreement or other transfer arrangements. The City Council will only agree to adopt these areas once they have been completed to the agreed specification and are in an appropriate condition to be maintained as public assets. Until that point, responsibility for maintenance remains with the developer or their management company.

Developers

It is also important to recognise that on large strategic developments, developers remain responsible for the management and maintenance of infrastructure for a period while the scheme is still being built out. 

Developments such as the Southern Fringe represent a significant undertaking and have been delivered over a long period, with build-out phases extending over 10 years or more. During this time, developers typically retain responsibility for the upkeep and management of newly installed infrastructure until it is ready to be formally transferred

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Most developers therefore maintain customer care teams and site management teams who are available to respond to issues raised by residents while the development is still progressing. The maintenance of newly installed infrastructure — such as roads, landscaping, play areas and lighting — normally remains the responsibility of the developer or their management company until the relevant authority agrees to adopt the asset.

The formal transfer of assets to public bodies is largely a technical and administrative process that takes place behind the scenes, once works have been completed to the required standard and the relevant inspections and approvals have been completed.