Introduction

Dear residents, please find below the current status of the road adoption proccess in Newhall. We will aim to provide updates once a quarter, but feel free to ask questions via newhallestate@shw.co.uk and we will aim to provide an answer within ten working days.

Frequently Asked Questions

Adoption Record Drawings

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.

Dependent Works

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.

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. 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

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 Updates

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

  • All adopted as is The Chase.
  • The drainage is adopted.

Phase 1: South

  • We need a S50 consent for the private duct apparatus in the road. NPL has made that application to ECC and we await a response.  ECC has on other applications refused to progress these as the Newhall Legal Title has lots of pending applications at Land Registry who are miles behind.  These relate to plot sales etc and are not relevant and we are getting a legal letter sent to ECC to confirm this. We have informed ECC that they cannot delay matters and await a response.
  • 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 is to be sent to ECC to approve. Once ECC approves the S50 application and our health and safety file, 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.
  • We will be submitting a S50 application shortly for the ducts in the roads. All of these matters need to be resolved but it starts with the S177 licences.
  • 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 made a S50 application and requested that ECC progresses the S38 legal agreement. We have the same issue as above with the S50 application.
  • We are having difficulty assembling a health and safety file acceptable to ECC relating to the Bridge structure 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 is currently getting its health and safety file agreed with ECC and the street lighting remedials are yet to be undertaken. 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 Belway 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 recently been undertaken.
  • 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 are 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 ipsct 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 / boradband) 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 propety (e.g porch, window, roof)  overhangs an adopted highway or footpath.  This must be in place for each buiding 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