Minutes

Councillor Kellaway asked:

Leader you will be aware that the residents in Llanwerns Glan Llyn pay the appropriate council tax along the same lines of the rest of the city ,however the resident will confirm that as  roads have yet to be adopted the police cannot act on illegal parking in the way they may in other parts of the city ,residents also pay an additional amount to maintain the local LEAP and LAPS ,yet other areas do not ,the residents also pay for general grass cutting and cleansing but again other areas of Newport don’t.

Can you confirm why you have allowed this clear unfairness to continue for over 5 years and what action will you be taking to ensure that residents in Glan Llyn are treated the same as the rest of  Newport.

Cabinet Member for Streetscene responded:

When choosing to purchase a home on a new development where the roads are not adopted or not yet constructed, the purchaser is accepting that there will be a period, often extending over many years, where the roads are constructed, maintained and managed by the developer as the site is built out.  

In order to secure the adoption of roads as maintainable at public expense the developer is required to enter in to a section 38 agreement with the council as the highways authority.

While section 38 agreements are in place for roads on the Glan Llyn Estate to be adopted as public highway, they will only become adoptable when the terms of the agreement have been met. This includes the requirement to complete the construction of the roads in accordance with the approved design to an adoptable standard and an agreed maintenance period to be served. To date no roads on the Glan Llyn site have reached the point where they have met the requirements to be adopted.  Until such point where the roads have been adopted they remain private and residents should direct their enquiries in relation to the management and maintenance of roads to the developer. It is the developer who is responsible for their upkeep and can carry out any enforcement of parking.

When a new development is built, it is for the developer to decide if play areas, open space etc  are to be maintained by a management company or a commuted sum provided to the council. The proposal for a Management Company at the Glyn Lyn development was agreed in 2010 as part of the planning agreement and all residents will be made aware of this upon purchase of their property.