WHY ARE WE PAYING TO REPAIR THE ROAD?
Stoney Common, along with the adjacent roads West Road, Stoney Place and Rochford Close are classified as ‘unadopted roads’. This means that although they are public highways and open to anyone for use, responsibility for maintenance of the roads lies with the ‘frontagers’. That means anyone whose property borders one of these roads.
Unfair as this may seem, it is enshrined in law and probably buried somewhere in the deeds of your property. We are not alone. It has been estimated that there are 40,000 unadopted roads in England and Wales, and quite a few of them are in our village! We have already had extensive conversations with the Parish Council, Uttlesford District and the Highways Agency. Although there is plenty of sympathy, there is very little chance that any government agency will take over the maintenance of our roads – so maintenance is down to us.
WHY DOESN’T THE GOVERNMENT PAY?
This is usually the first question people ask when confronted with road repair bills. The law is complex on this issue but the essence of it is as follows:
- All new roads are classed as public highways (even private roads) but responsibility for maintenance belongs to the frontagers. These are classed as ‘unadopted’ roads.
- The goverment (via the Highways Agency and local councils) can elect to ‘adopt’ roads and take on maintenance, which they usually do for main highways, motorways and new housing estates. However, they will only do so when the roads in question meet certain standards of maintenance, adequate pavements, street lighting and so on. Even then, property developers often have to provide additional funds towards the local community before any consideration for adoption takes place. THIS ISN’T GOING TO HAPPEN FOR STONEY COMMON.
- Local suppliers, utility companies etc have no responsibilty either, despite being allowed to dig up the road where required to maintain pipes and cables. We can lobby them for contributions but it’s unlikely they will provide funds for our cause (imagine if BT or water companies were required to pay for all road repairs – they would soon be out of business.)
In practice, all this means is that we, collectively, need to ensure that the roads are safe for those who use them – both foot, bike and vehicle users. At the moment most residents would agree that there are unacceptable potholes along Stoney Common, plus holes, gaps and poor surfaces on some of the adjacent roads. These need to be repaired urgently. Your section of road may be in good condition, but we hope you’ll agree that:
- All residents need access via Stoney Common from one end or the other. It’s a common road used by ALL of us.
- Delivery drivers, postmen, bin lorries and utility companies provide services to our homes via the same common road. Their vehicles contribute to the wear and tear of the road so we should all make a contribution to its upkeep.
- Our children use these roads to get to school, and many of our elderly residents use them to walk into the village. The current state of the roads make those journeys more dangerous than they need to be.
WHY DO WE NEED TO TAKE ACTION?
- Your kids are in danger. Some of the potholes along Stoney Common are so deep that they could cause trips and falls for bike users.
- Your vehicles are suffering. How much is vehicle wear and tear to tyres and suspension costing you?
- The value of your home may be suppressed. Poor roads, chaotic parking and unreliable access may well be affecting the value of your property. Well maintained roads reassure future buyers and add value.
- You are legally liable – as the owner of a property on an unadopted road, you are legally liable for the upkeep of the road. You are also potentially liable for any claims for damage or injury to a member of the public due to the poor condition of the road.
- The council could force you to pay anyway. There is provision in the Highways Act (1980) for local authorities to enforce road repairs on residents. We can avoid unwanted bills by acting ourselves now and keeping costs under control.
- Funds could be available to help. If we act collectively to raise money for road repairs, the Parish Council has already agreed to contribute some funds, BUT ONLY once we demonstrate our commitment.
YOUR QUESTIONS
Since sending out leaflets I’ve spoken to several residents about the appeal to help with road repairs. I want to answer some common questions here and urge you to contribute so that we can fix the roads soon.
WHY AREN’T THE COUNCIL PAYING?
We live on an ‘unadopted road’ so the council WILL NOT PAY for road repairs. We’ve been pushing hard for contributions from them for several years now and secured a commitment of 15% contribution from the local Parish Council – BUT NOT UNTIL WE’VE RAISED THE BULK OF THE MONEY.
I DON’T WANT STONEY COMMON TO BECOME A RACETRACK
We aren’t planning to remove the road humps or make the road ‘faster’. Potholes damage vehicles and make the roads unsafe for cyclists and pedestrians. They are NOT a solution to reducing traffic or speed.
I DON’T DRIVE / I DON’T USE THAT PART OF THE ROAD
The roads benefit ALL households. Delivery drivers, emergency services, rubbish collectors and utility companies use the same roads that drivers use. It is right and proper that every household makes a contribution.
THE POTHOLES HAVE ALREADY BEEN FILLED IN
I have personally (and largely at my own expense) been filling in potholes for five years. These are temporary and rarely last more than 6 months. We need to raise at least £15000 to get the worst areas resurfaced professionally and those repairs will then last 10 years or more. So far we have received contributions from only 61 households (out of 200).
I ONLY RENT MY HOUSE
…but you still benefit from using the road. Isn’t it fair that you make a contribution? If you genuinely feel that this is not your problem, please ask your landlord to get in touch or make a donation.
CAN I CONTRIBUTE WHEN THE WORK IS CONFIRMED OR DONE?
Sorry, but contractors don’t work on credit and the Parish Council won’t contribute their share until we’ve raised money ourselves. We need AT LEAST £15000 in the bank before we can take the next step.
WHO ARE THESE PEOPLE ASKING FOR MONEY?
Payments are being collected through a dedicated, non-profit company, Stoneycommon Ltd, for the sole purpose of the resident’s association. This is currently run by Richard & Helen Haywood at 10 Brook Cottages who volunteered at the request of the local council. You are welcome to email or call Richard if you have any questions – details on this website.
OTHER WAYS TO HELP
In addition to funds collected from households, several residents have volunteered to organise fundraising events or contact local suppliers for donations. If you are willing to do something you have our blessing. Let us know and we’ll promote it via the website, Facebook page and notice boards.
Also, if you a have any professional skills that you can lend to the association, we’d love to hear from you. That would include building skills, accounting, fundraising, surveying etc.
ASSOCIATION COMMITTEE
In order to ensure that everything is as transparent as possible, there is a limited company, Stoneycommon Ltd, to handle plans, funds and work done. Currently this is run by two residents. The company is run on a non-profit basis and no executives or shareholders benefit financially. If you’re a resident, landlord or property owner and would like to be part of the management committee please let us know.