Newhall Road Adoption Updates

Frequently Asked Questions

The design of the highways within each phase is a matter for the developer, Harlow Council and Essex County Council to agree at planning stage, as long as the developer adheres to the Newhall Design guidance. The adoption of their own phase roads is a matter for the developer.

Newhall Projects is in the process of creating a single updated masterplan to cover all phases and this will include a layer showing the roads that are adopted and the roads that are intended for adoption but are not yet built or adopted.  As you will imagine this is a time consuming process and requires the input of any companies but we have started that process.

The Newhall Residents Association will have the benefit of this plan when complete and we would also be happy to share this online when ready.

Members of the public can also see what roads are adopted via the Essex County Council website. To view which roads Essex County Council are responsible for go to their website using the link below and select Highways Information Map, then click on Assets, then Highway Records.

The highways have been inspected and approved by Essex County Council Highways team. A further inspection will be held before the highways are in a position to be adopted. The footpath on New Pond Street that lies in front of the seven plots in build is the subject of a current application by that developer for technical approval to construct that stretch of footpath. The works will be completed later in 2024.

Roads can only be adopted once the surface and foul water sewers are adopted by Thames Water.  Sewers built before 2011 have been adopted on notice. Thames Water are involved with all of the phase developers to agree the construction and condition of foul and surface water sewers.  The adoption of the sewers in the newer phases are matters between those developers and Thames Water. The maintenance of the various sewers is a matter of the phase developers if not adopted and until adoption, and once adopted the responsibility of Thames Water.  Most of the sewers on land owned by Newhall Projects are adopted including right up to the Fusion phase.  We are currently in the adoption process of drainage under roads owned by Newhall Projects on the Fusion Phase in partnership with Bellway Homes. Newhall is aware of the adoption processes involved and is working with the various phase developers and Thames Water to ensure all sewers under adoptable roads are also adopted.

In terms of the oversal licences on phase 1 north, the various drawings are under negotiation with the County Council and as soon as they are agreed we will correspond directly with the individual residents involved. These discussions will be held with the individuals alone and will not be the subject of discussion in wider emails other than in relation to how that affects the adoption timescales and we will not be prepared to correspond further with you on this matter.

Costs

Newhall Projects Ltd would like to assure you that the costs of maintenance and adoption of the adoptable highways and drainage lies with the phase developers and Newhall Projects Ltd and is not included or part of the service charges.

Phase Adoption Process Update: 29th July, 2024

Phase 1 North and New Pond Street

The highways have been inspected and approved by Essex County Council Highways team. A further inspection will be held before the highways are in a position to be adopted. The footpath on New Pond Street that lies in front of the seven plots in build has been construed by that developer in consultation with Essex County Council Highways Department. The works will be completed later in 2024 but the adoption of this stretch of footpath will fall to Newhall Projects Ltd as it will be amalgamated with the rest of the phase 1 north roads that are Newhall’s responsibility (see later)..

Pre-Adoption Works Inspection and Maintenance

Roads can only be adopted once the surface and foul water sewers are adopted by Thames Water.  Sewers built before 2011 have been adopted on notice. This is the case for all of the phase 1 sewers and drainage under the Chase and Bridge Street. Thames Water are involved with all of the phase developers to agree the construction and condition of foul and surface water sewers.  The adoption of the sewers in the newer phases are matters between those developers and Thames Water. The maintenance of the various sewers is a matter of the phase developers if not adopted and until adoption, and once adopted the responsibility of Thames Water.  Most of the sewers on land owned by Newhall Projects are adopted including right up to the Fusion phase.  We are currently in the adoption process of drainage under roads owned by Newhall Projects on the Fusion Phase in partnership with Bellway Homes. Newhall is aware of the adoption processes involved and is working with the various phase developers and Thames Water to ensure all sewers under adoptable roads are also adopted.

Third Party Licensing/Easement Agreements/S177 Over-sail Licences

In terms of the over-sail licences on phase 1 north, the various drawings have now been agreed with County Council and Newhall Projects will shortly be corresponding directly with the individual residents involved. These discussions will be held with the individuals alone and will not be the subject of discussion in wider emails other than in relation to how that affects the adoption timescales, and we will not be prepared to correspond further with you on this matter.

Phase 1.

In relation to the roads on Phase 1, we have again requested Barratt to transfer the freehold back to Newhall Projects Ltd (NPL) for the roads and Public Open Spaces (POS) for this phase and the Chase.  Barratt are only under an obligation to transfer back the POS freehold, but we have asked for all of their unsold freehold, so we can pass that onto the Newhall Residents Association (NRA).

Linden Phase 1.

• With regard to the Linden Phase 1 site, Vistry have now assumed the obligation to resurface the roads and are liaising with Essex County Council (ECC) about further road testing before those roads can be resurfaced and adopted.  NPL are chasing both parties but are not able to directly influence that process. NPL does not want to seek the freehold of the roads until they are adopted.
• For all other Phase 1 south roads that are not yet adopted (the Chase is adopted) NPL is progressing with the adoption process under S228, and Essex County Council remains in discussions with NPL about further testing of the roads before ECC will adopt these.  Newhall is in the process of appointing a company to undertake further testing on the existing roads to demonstrate their suitability for adoption. We remain hopeful that these roads will be adopted in the near future. ECC has now confirmed that the S50 applications for the NPL cable TV duct work should follow after adoption which has removed one of the obstacles.  Once the roads are adopted, what NPL or its subsidiaries own can be transferred to the NRA.
• With regard to Phase 1 North, the NPL owned roads are not yet in a position to be adopted as we have to get a number of over-sail licences in place. This process will commence shortly.  The adoption of these roads is not certain in terms of timescale, but again once adopted these roads can be transferred into the NRA. As stated above this will be extended to include the new footpath in front of the 7 dwellings being constructed on New Pond Street.
• Vistry are responsible for their own road adoption on Phase 1 North, and we are aware that they are progressing their S38 agreements.  Once these roads are adopted NPL can call for the freehold of these areas and once received, can transfer the freehold into the NRA.

Sector V, The Edge and Fusion.

• With regard to Sector V, The Edge and Fusion, none of these roads can be adopted or even progressed yet as all are dependent on the NPL Bridge Street S38 agreement, which we still await from Essex County Council after many months. The phase developers remain responsible for these roads until adoption (Edge and Fusion) but NPL will assume resistibility (Not the NRA) for Sector V after a hand over and 2-year warranty for remedials from Stonebond. ECC has all the information we have, and we await their final decision on whether any further road testing is required.  All remedial works have been signed off and all fees are agreed with ECC, and the sewers under the road are adopted. We are in ECC’s hands.  ECC’s decision on the S228 has helped but we will await the issue of the S38 despite it being chased every month without fail.

Countryside/Vistry – Base

• For all of the Countryside current and future phases, the road adoption is being progressed with ECC and Vistry/Countryside at the appropriate time. NPL retains the freehold of all of these phases due to the build licence structure in place, but until the roads are adopted, the freehold will not be transferred to the NRA, and we are not able to do so for each phase until the particular phase lease is completed.
• As you can see from the above the freehold process is not as straightforward as one might imagine and NPL is doing all it can to expedite road adoptions as it wants all the roads adopted as soon as possible, but matters are not in its hands.  No road freeholds will be transferred into the NRA until the roads are adopted.
• Open spaces are being taken over on the Edge, Sector V and Countryside Base as and when they are completed, with commuted sums being paid by the developers which will be transferred to SHW by NPL to add to the service charge reserve funds for future maintenance. The legal transfers are being progressed for the POS for Sector V and The Edge directly to the NRA and we are chasing these from Stonebond and Vistry

It is our intention to ensure that the NRA is fully functioning by the time the new community hall is completed.  We remain in discussions with Harlow under the S106 that governs this process and until that is in place we cannot satisfy the relevant criteria.  Notwithstanding this we are due to commence construction on the community hall in the next few weeks and having now received tenders from main contractors, the duration is likely to be up to 16 months.

Phase Adoption Process Update: 15th March, 2024

Linden Phase 1

• ECC has asked for the same road testing as has recently been undertaken on the Edge. The resurfacing works funds were repaid by NPL to Vistry so there is no financial reason for this not to happen. Vistry were going to undertake the works but put matters on hold until they had agreed or not with ECC whether the road testing was required.
• This is with Countryside to pick up after the Vistry office closed in December 2023.
• We have chased Countryside to progress this, but residents can raise enquiries direct with Countryside Homes/Vistry, as they know their timescales better than we do. You can email them via CS.Eastern@vistry.co.uk.
• The drainage is adopted.

Barratt: Phase 1

• The main roads are adopted as is The Chase.
• The drainage is adopted.

Phase 1: South

• We have agreed all the financial payments due from Newhall Projects Ltd to adopt the road under S228 and all remedial works are completed and signed off.  We have assembled a health and safety file of historic information which has been sent to ECC to approve. ECC has now requested that further road testing be provided by NPL to demonstrate the lifespan of the roads. Once ECC approves the health and safety file, and the results of road testing which is being arranged by NPL, NPL will pay the sums and the roads will be adopted on notice.

Phase 1: North

• These will be adopted under a S228. We have agreed all the financial payments due from Newhall Projects Ltd to adopt the road under S228 and all remedial works are completed and signed off.
• We need to put in place the various S177 over sail licences before we can progress adoption (see above). Once these are in place we will complete our health and safety file.
• This phase is likely to lag behind phase 1 south and some of the Phase 2 adoptions but it is being progressed at the same time as far as we can.

Bridge Street: Phase 2

• We have requested that ECC progresses the S38 legal agreement.
• We have assembled a health and safety file which is with ECC for approval relating to the Bridge structure and Bridge Street and we are chasing a S38 agreement draft from Essex County Council and have been for a long time. We are in ECC’s hands.
• The drainage is adopted.

Fusion: Phase 2

• This S38 cannot be progressed until the Bridge Street S38 is in place.  Bellway and NPL want to progress this, but we are in ECC’s hands.
• The drainage is not adopted within the phase although some of the drainage around the edges is adopted.
• NPL is progressing a S102 application for its sewers with Thames Water via S102, and once that is in place Bellway will follow suit.

Sector V: Phase 2

• This S38 cannot be progressed until the Bridge Street S38 is in place. Newhall Projects will assume responsibility for the adoption of the roads and drainage.
• Stonebond has obtained ECC approval for its health and safety file.. All remedial works have been signed off by ECC and the adoption is pending the Bridge Street S38.
• We understand the sewers are capable of being adopted but they cannot be adopted until the Bellway phase is adopted.

The Edge: Phase 2

• This S38 cannot be progressed until the Bridge Street S38 is in place. ECC has asked for the road testing which has been undertaken and the outcome of this is awaited from Vistry and ECC.
• This is with Countryside to pick up after the Vistry office closed in December 2023. We have chased Countryside to progress this with ECC.
• The drainage is not adopted but we understand all matters are resolved with Thames Water.
• Residents can raise enquiries direct with Countryside Homes/Vistry, as they know their timescales better than we do. You can email them via CS.Eastern@vistry.co.uk.

Base: Phase 2

• Countryside is progressing their own S50, S38 and S104 agreements by phase of development.
• We believe that parts of Barnfield Way and the London Road junction are on maintenance.
• Residents can raise enquiries direct with Countryside Homes/Vistry, as they know their timescales better than we do. You can email them via CS.Eastern@vistry.co.uk.

Additional Information

NPL: Newhall Projects Limited

ECC: Essex County Council aka Essex Highways

Section 38 Agreement (S38): Under a S38 agreement when you complete the roads to what you believe is an adoptable standard you get highways to insect the roads, and any remedials are agreed then done then signed off.

We have to provide a bond as security in the event that NPL refuses or fails to undertake the works and ECC can use this bond to do the work if we fail. Usually the bond is equivalent to the full cost of the highway. At that point when we have provided all of the other paperwork, then the highways authority issues a “Certificate of Substantial Completion”. At that point the bond is reduced by 75% and then as landowner you remain responsible for a period of time called the “Maintenance Period” for wear and tear and any other remedial works. This is usually 12 months but can be longer. Once this Maintenance Period has lapsed, the roads are inspected, and any further remedial works undertaken then signed off. Then once the ECC highways team is happy that the highway is finally complete and defect free they issue the “Final Certificate”. In order to achieve this the drainage under the roads also has to be adopted/vested.  The remaining 25% of the bond is also released at that point.

Section 50 (S50): A Section 50 Licence from ECC needed to permit private apparatus (ducts for the TV / broadband) under an adopted road. This is required before a S38/S228 can be entered into.

Section 177 (S177): A Section  177 Over Sail Licence*  from ECC where part of a property (e.g. porch, window, roof)  overhangs an adopted highway or footpath.  This must be in place for each building before a S38/S228 can be entered into.

Over Sail Licence*: See S177 above.

Section 102 (S102): Section 102 drainage adoption Agreement by notice from Thames Water typically used for older drainage not adopted already up to 2011.

Section 104 (S104): Section 104 drainage adoption Agreement from Thames Water typically used for New build developments.

Section 228 Agreement (S228): If the roads are adopted under a S228 agreement (As phase 1) then there is no bond and once the highways team have signed off the highway as being defect free and capable of being adopted and all the paperwork is in place and the drainage underneath has been adopted, then they serve a public notice then adopt the road once that notice period is over.  This is a process normally to adopt historic roads such as Phase 1, and normally new build roads are dealt with by S38.

• First published: 15th March, 2024
• Revised: 22nd March, 2024
• Updated 29th July, 2024