| Q |
What is a 'Private Street'? |
| A |
A 'Private Street' is a street that is not a highway maintainable at the public expense. Unlike a 'Private Road' which people only visit by invitation and therefore can be closed by a gate for example, a 'Private Street' has public rights of passage established over it. Because of this a 'Private Street' cannot be closed.
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| Q |
How do I get my street made up and adopted? |
| A |
The first step is to write to the Council asking for the street to be considered for making up. Because of the large number of private streets a technical assessment will be carried out to produce a preliminary priority rating. This assessment takes account of the condition of the street, what percentage of the street is residential, the use by vehicles and pedestrians and a number of social and environmental factors. The programme of streets to be made up is decided by Members of the Council using the preliminary priority rating as a guide, together with the views of the owners. It is possible that your street may not be high on the priority list, in which case the residents may wish to make arrangements for works to be carried out privately. Due to inflation the cost is almost certain to increase the later the work is done. Should any group of residents wish to adopt this procedure then the Council will give advice.
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| Q |
Who pays for making up my street? |
| A |
Unlike the maintenance of a private street which is the responsibility of the people who own the street, the making up and adoption costs are paid by those people who own property or level fronting onto the street. This may, in many cases, be the same thing although there are instances where responsibilities differ. The Council, in making up a private street, will generally divide the expense amongst those fronting the street according to the length of each frontage. In the case of the 'frontage length' the Council has the option to calculate costs on a degree of benefit basis. Although the degree of benefits is possibly fairer, this method is open to more dispute and difficult to quantify. Consequently, this Council, as many others, does not use this method. The Council may also take into account the amount and value of any work already done by the owners or occupiers of any premises.
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| Q |
How would I benefit if my street was made up? |
| A |
The most apparent and immediate benefit derived is obviously that the condition of the street is improved. There is however the additional benefit that from the date on which the street is formally adopted as a highway maintainable at public expense the frontagers have no further liability for the maintenance of the street and it would then be swept and the gullies emptied by the Council. The making up of the street may also result in the value of your property being increased.
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| Q |
How do I get my street into a programme? |
| A |
If a private street has already been assessed it will be on the Council's private street works list. Currently only those streets near the top of the list, considered to be in the worst condition, will be considered for adding to the Council's programme for making up and adoption. Following the initial inspection you will be advised within four weeks whether the street warrants further consideration by the Council.
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| Q |
What happens when my street is in a programme? |
| A |
At this stage survey and design work for the scheme will commence. On completion of the design work and estimate, a division of cost (the provisional apportionment) is made and served on the owners of the premises included in the scheme. It should be stressed that the amounts shown in this are only estimates. However under legislation if the final account differs more than 15% from the provisional, this constitutes grounds for an appeal. Any costs which will be paid by the Council will be shown. The making up and adoption of a private street requires Council approval. The Council also publish notices of the proposals in the local press and in the street itself.
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| Q |
Can I object at this stage? |
| A |
Within one month from the date when the notice was first published in the Local Press, any person included in the apportionment has the right to object to the Council's proposals on certain grounds. The grounds for objection are detailed in an information document, which is also served with the Provisional Apportionment, is shown below.
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| Q |
What are the grounds of objection to the Council's proposals? |
| A |
There are six grounds of objection and these are laid down in the Highways Act 1980, Section 208:-
(a) that the alleged private street is not a private street or, as the case may be, that the alleged part of a private street is not a part of a private street;
(b) that there has been some material informality, defect or error in, or in respect of, the resolution, notice, plans, sections or estimate;
(c) that the proposed works are insufficient or unreasonable;
(d) that the estimated expenses of the proposed works are excessive;
(e) that any premises ought to be excluded from or inserted in the provisional apportionment;
(f) that the provisional apportionment is incorrect in respect of some matter of fact to be specified in the objection or, where the provisional apportionment is made with regard to other considerations than frontage, in respect of the degree of benefit to be derived by an premises, or the amount or value of any work already done by the owner or occupier of premises.
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| Q |
Where may the resolution, plans and other documents be seen? |
| A |
Relevant documents including plans and the apportionment schedule are made available at Wakefield Town Hall, Wood Street, Wakefield and your local library. Should any further clarification be required then enquiries can be made to officers of the Council.
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| Q |
What happens if I object? |
| A |
Any objections should be sent to the officer named in the apportionment notice. Objections may be resolved by a discussion between the owner and the officers of the Council. If they are not withdrawn the Council may decide either to accept them and not proceed with the scheme or, if it does wish to proceed, refer them to the magistrates' court for a decision to be made.
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| Q |
What can the magistrates' court do? |
| A |
The court has the power to quash or amend the proposals to make up the street and to decide whether any part or all of the costs of the court proceedings should be paid by the objectors or the Council. Only objections on the grounds (a) to (f) as described in Question 7 above can be considered by the magistrates' court.
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| Q |
If I think that my premises derive no benefit or little benefit from the proposed works compared with those of other people, may I object on this part of ground (f)? |
| A |
The Council will look at your objection and take your comments into account. The court cannot deal with an objection based on degree of benefit unless the Council have used degree of benefit when making the provisional apportionment, but you may at a later stage appeal to the Minister of Transport. Refer to the answer to question 15
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| Q |
What happens after objections have been dealt with? |
| A |
If the objections are successful in the magistrates' court the Council either modify the scheme or abandon it, or may in some instances appeal against the decision to the Crown Court or High Court. Should the magistrates' court decide to dismiss the objections or if there are no objections then the scheme can proceed.
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| Q |
How is the work carried out? |
| A |
The Council invites a number of contractors to submit priced tenders and lets a contract for the works.
The work is carried out in accordance with the contract, the actual contract period and construction is then reassessed, before the actual cost of the works can be evaluated for the final apportionment.
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| Q |
How is the final apportionment made? What then happens? |
| A |
The final apportionment is drawn up in the same manner as the provisional apportionment but gives the actual amount apportioned to each frontage.
Again notices are served and payment is due from the date of the notice. Within one month from the date of the notice owners of premises included in the apportionment have the right to object by writing to the Council at the address named in the notice.
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| Q |
What are the grounds for objections to the final apportionment? |
| A |
The grounds for objection are laid down in the Highways Act 1980, Section 211. They are:
(a) that there has been an unreasonable departure from the specification, plans and sections;
(b) that the actual expenses have without sufficient reason exceeded the estimated expenses by more than 15%;
(c) that the final apportionment has not been made in accordance with Section 211.
Any objections are discussed with the owners and, if not resolved, are referred to a magistrates' court for decision.
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| Q |
Is there any way of making other types of objection not covered by Question 7 and Question 15? |
| A |
Yes, you may appeal to the Minister of Transport, Great Minster House, 76 Marsham Street, London, SW1P 4DR on any ground other than one on which an objection could have been made to the magistrates' court against the provisional or final apportionment.
A copy of this notice of appeal must be sent to the Council. The appeal to the Minister must be made within 21 days of the date of service on you of an account demanding payment of the expenses, or any part of them. He will seek the Council's comments on any such appeal. His decision is final and binding on all parties.
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| Q |
When will I receive the account demanding payment? |
| A |
This account is sent out after the expiry of one month from the service on you of the notice of final apportionment or after all objections have been finally determined. If you should choose not to make payment until receipt of this account, then interest will be added to the account from the date of notice of the final apportionment.
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| Q |
How do I pay? |
| A |
(i) Payment is made to the Council and if made in full within one month of the date of the notice of final apportionment then no interest is charged, but, if you intend to appeal to the Minister of Transport (see Question 16) you should, when making payment, ask for an account to be sent to you to protect your right of appeal and state that you will appeal.
(ii) If payment is made in full after the first account is issued interest will be charged from the date of the final apportionment. (iii) Arrangements can be made for payment by instalments in which case interest will be charged from the date of the final apportionment. Interest is paid at a rate to be fixed from time to time by the Council. This online payment service website is secure and enables you to pay your Council bills using any debit card or some credit cards. The service is free of charge and is available 24 hours a day, 365 days a year. Please allow up to FOUR days for the payment to be received by Wakefield Council.
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| Q |
What if I have difficulty in paying? |
| A |
If an owner, for example, a pensioner of limited means, has difficulty in paying by instalments the Council may be prepared to make a special arrangement for the payment of interest only until the property is sold in the ordinary course of events. Then the principal and any outstanding interest would become payable. The Department of Social Security may be willing to assist with the payment of interest if any owner has no means of paying it.
Application for relief on the grounds of hardship should be made to 'The Council's Chief Officer' on receipt of the notice of final apportionment.
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| Q |
Who maintains the finished street? |
| A |
Following completion of the works it is usual for the Council to adopt the street and take over responsibility for its future maintenance. It does this by posting notices under Section 228 of the Highways Act 1980. The notices are maintained on the street for a period of four weeks during which time objections can be lodged against the adoption. If there are no objections or the objectors are in a minority then the street will be formally adopted.
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