Content

Decision
 
RESOLVED that the Cabinet
agreed the acquisition of the service road in Manor Way as shown in
the plan at Appendix 1; and
Agreed to allocate
£150,000 from contingency for the acquisition, associate
legal costs and costs of making up the road to an improved
standard.
 
Reasons for
decision
 

1.    
Manor Way service road had
previously been owned by Manor Way Accommodation Road Ltd. This
company was dissolved on 26 December 2023 and the land returned
bona vacantia to the Crown. The service road had been a historic
fly-tip hotspot. Much of this waste derived from was attracted by
the poor waste management arrangements of the flats and businesses
adjacent. They had historically been able to present and/or store
waste in the service road. There were numerous bins, skips,
trolleys and several unroadworthy vehicles that were an eyesore and
a waste attractor.

2.    
The businesses and landlords took
little responsibility for cleansing around their bins, skips and
vehicles and this allowed rubbish to accumulate further. The
Council, either directly or through Community Payback operations,
had undertaken some cleansing. This had been complicated by the
poor quality of the road and the amount of obstructions. This
prohibited the use of mechanical sweepers.

3.    
The Council had received a
significant volume of complaints from residents about fly-tipping
in the road and had taken what enforcement action it could to stop
this. Enforcement and cleansing was not sufficient to resolve the
issues. The land needed to be controlled by an owner. A recent
scrutiny task and finish group, under the Operations Review
Committee considered the management of service roads across the
Borough. Ensuring the landowner(s) took responsibility for
management of service roads was key to achieving a satisfactory
public realm. Manor Way service road was unique in its bona
vacantia status where you could not compel the crown to clean or
control the use of the road. The consequence of this status was
that the resolution of faults would only be picked up by the
Council, but at the same time the Council did not have the powers
of land ownership to ensure it was used appropriately by those who
had rights of access over it. As the road was not a highway
maintained at public expense the County Council could not be
compelled to maintain the road as highway authority.

4.    
If the road was in Council
ownership the Council would be better able to control these issues.
The Council could insist on removal of “abandoned”
vehicles. It could have licensed skips and required the area around
them to be kept clean and clear by the licensee. The road could
have been stopped for vehicle traffic at one end which would reduce
vehicle borne fly-tipping. It could have required construction of
purpose-built bin stores for any bins stored on the road. There
would have been an immediate cost associated with legal costs of
acquiring the road and making it up to a standard suitable for
mechanical cleansing. The long-term financial burden should
decrease. There would be a need to continue to maintain services to
a standard and this report assumed any surfaces would need to be
made good on 10 year cycle. Costs associated with removal of
fly-tipping and hand cleansing should reduce.

5.    
Legal costs may have been minimal
however it was prudent to set aside a sum of £30,000 for the
acquisition process. Crown Estates must have confirmed the land
bona vacantia and then could have either agreed transfer to the
Council or, as was likely pass the land to the Treasury Solicitor
for disposal. The Council asserts there was no substantive value to
the land, rather it was a burden on the public purse which could
was best reduced by bringing it under the ownership of the
Council.

6.    
Asset Management had estimated the
cost to making good the road and pavement as £120,000. The
road would also have been stopped at its junction with Arundel
Road. This would have been sufficient to remove uneven surfaces and
enable mechanical cleansing. This report assumed the road would
have required further making good on a 10-year cycle. This would
not have been to a standard of the adopted highway and the report
had not suggested that the service road should be come adopted
highway.
 
Alternative Options
Considered
 

1.    
Do nothing. The road could have
been left bona vacantia. All the problems associated with the road
currently would have remained and the Council would have continued
to have residents complain about the road therefore this option was
discounted.

2.    
The road could have been acquired
and made up to the standard of adopted highway and put forward to
the Highway Authority for adoption. This would have been more
costly to the Council but would not have achieved any additional
benefit above the recommended options in the report and had
therefore been discounted.