Agenda item

Report ES18061

A First Resolution, under the Private Street Works Code in the Highways Act 1980, was sought to make up and adopt, as a highway maintainable at the public expense, Clarence Road, Bickley between Page Heath Lane and Southlands Grove. Clarence Road is not in a condition meeting adoptable standards and the Council is not therefore responsible for its maintenance, including repair.

Under provisions of the Private Street Works Code, Section 236 of the Highways Act 1980 enables the Council, as the Street Works Authority, to resolve to bear the whole of the cost of the works for making-up the Highway for adoption, rather than recharge most of the cost to the frontage owners. In this case, it is proposed to meet the cost of the works from the LIP budget.

Clarence Road crosses a railway via a bridge considered to be weak in condition, with a maximum 13 tonnes limit. An experimental road closure between the southern boundary of 62 Clarence Road and the driveway access to numbers 79-87 Clarence Road would prohibit all vehicles except pedestrians, pedal cycles, and Network Rail vehicles engaged on bridge maintenance. The closure would be reviewed after six months with a view to making it permanent. Works over the bridge could then be to reduced design standards compared with remaining parts of the street which will require a Resolution of Approval to be made under the Private Street Works Code. The completed scheme would also support Bromley’s ambition to promote quality cycle routes in the borough.

Policy T14 of the Unitary Development Plan (UDP) adopted in July 2006 explains that un-adopted highways will normally be considered for making–up and adoption, as resources permit and following a referendum. However, a referendum is not part of the statutory procedure, and in exceptional circumstances, can be dispensed with. Where, in this case, there is a clear demand for the Council to take action and it is not proposed to charge the making-up cost to the frontage owners, a referendum is not recommended. 

The estimated cost of the works at £332k will be funded from the TfL LIP Formula Funding Budget 2018/19 for Cycling and Walking. Future maintenance costs will be contained within existing highway maintenance budgets.

In discussion, it was explained that it is necessary to adopt and make-up the road for inclusion as a cycle route - its condition currently being unsuitable for cycling. When made up, the road (along a quiet residential street) will help to promote cycling away from busier routes, particularly as part of a route from Bromley to Orpington. There was an aspiration to extend the Lower Sydenham to Bromley Quietway on to Orpington and should this be taken forward, expenditure at this stage on the Clarence Road part of the route will mean less investment at a later stage. 

Members supported the recommendations to the Portfolio Holder.

RESOLVED that the Portfolio Holder be recommended to:

(1) make a first resolution under Section 205 (i) of the Highways Act 1980 in respect of the street as follows:

The Council do hereby declare that Clarence Road, between the junctions of Page Heath Lane and Southlands Grove is not sewered, levelled, paved, metalled, flagged, channelled, made good and lighted to its satisfaction and therefore resolves to execute street works therein, under the provisions of the Private Street Works Code as set out in the Highway Act 1980.

Schedule of works

From the street junction Page Heath Lane to the north, to the junction with Southlands Groveto the south, all as detailed in drawing number 12863-01.