Decision details

(1)  No provision be made for the making up of Upper Drive in view of the results of the referendum for this street.

(2)  Swievelands Road, between its junction with Valley View and Bankside Close, will not be made up and adopted under the Private Street Works Code until a majority of frontage owners express support for such a project.

For both the unmade part of Swievelands Road and Upper Drive, Biggin Hill, to become highway, maintainable at public expense, it is necessary for the Council to adopt them, subject to the highway having been improved to an acceptable standard. Much of the cost of making up a private street needs to be recharged to owners of premises fronting the street, in line with the Private Street Works Code.

Owners of premises in Upper Drive were advised that the estimated cost of making up the street would be between £720-£740 per metre of frontage, and in Swievelands Road between £815-£835 per metre of frontage.

For Upper Drive, the results of a referendum demonstrate insufficient support for the road to be made-up and adopted, with 69% of the total frontage, excluding ‘Greenery Agreement’ land, either not in favour or not expressing a view.

For Swievelands Road, the referendum results also demonstrate insufficient support for making-up and adopting the road, with 67% of the total frontage, excluding ‘Greenery Agreement’ land, either not in favour or not expressing a view. Although a referendum is not necessary for such a project, there is no budget to make up and adopt such roads involving significant Council expense and to do so would be contrary to current policy.

Much effort has been made to approach those frontage owners not replying or expressing a view. Repeat letters have been sent to those not replying, and approaches have been made in person to each relevant property. These visits indicate a further ten frontage owners expressing support for the making–up with two against. But there remains a number of frontage owners not replying or expressing a view.

With the Council expected to make a £300k contribution towards a project at Swievelands Road and the referendum demonstrating no significant demand for the work, this decision confirms that the relevant part of Swievelands Road will not be made up and adopted until a majority of frontage owners express support for such a project.