The adoption of new roads under the Highways Act 1980

The request was successful.

Dear Wirral Metropolitan Borough Council,

I am writing to you to request the following information under the Freedom of Information Act:

- Number of Section 38 Agreements Approved (the adoption of roads into the public highway) and issued a ‘final certificate’ (sometimes referred to as the adoption certificate) under the Highways Act 1980 per year for the last 10 years (1999-2019)?
- Number of Section 38 Technical Approvals Received under Highways Act 1980 per year for the last 10 years (1999 to 2019)?
- Number of Section 38 Agreements Rejected/Refused (refused to issue certification) per year for the last 10 years (1999 to 2019)?
- Number of recorded unadopted roads within the Council boundary each year for the last 10 years (1999 to 2019)?
- Number of new build development planning permissions granted/approved per year for the last 10 years (1999 to 2019)?
- Number of new build developments for which the Council are not required to maintain Highways including roads, street lighting & ground maintenance (1999 to 2019)?
- Number of Section 37 Agreements Approved (final certification issued) under Highways Act 1980 per year for the last 10 years (1999-2019)?
- Number of Section 37 Agreements Rejected/Refused (refused to issue certification) under Highways Act 1980 per year for the last 10 years (1999-2019)?
- List of all unadopted roads within the Council boundary?

Yours faithfully,

Carl McCain

Paterson, Lynette M., Wirral Metropolitan Borough Council

Dear Mr McCain

We write further to your recent Freedom of Information request in which you asked for:

- Number of Section 38 Agreements Approved (the adoption of roads into the public highway) and issued a ‘final certificate’ (sometimes referred to as the adoption certificate) under the Highways Act 1980 per year for the last 10 years (1999-2019)?
- Number of Section 38 Technical Approvals Received under Highways Act 1980 per year for the last 10 years (1999 to 2019)?
- Number of Section 38 Agreements Rejected/Refused (refused to issue certification) per year for the last 10 years (1999 to 2019)?
- Number of recorded unadopted roads within the Council boundary each year for the last 10 years (1999 to 2019)?
- Number of new build development planning permissions granted/approved per year for the last 10 years (1999 to 2019)?
- Number of new build developments for which the Council are not required to maintain Highways including roads, street lighting & ground maintenance (1999 to 2019)?
- Number of Section 37 Agreements Approved (final certification issued) under Highways Act 1980 per year for the last 10 years (1999-2019)?
- Number of Section 37 Agreements Rejected/Refused (refused to issue certification) under Highways Act 1980 per year for the last 10 years (1999-2019)?
- List of all unadopted roads within the Council boundary?

Please be advised that the information requested is not held for the period specified in your request. Although you refer to a 10 year period, the dates provided of 1999-2019 represents 20 years of records.

Under Section 12 of the Freedom of Information Act 2000, public authorities are not required to comply with a request for information if it is estimated that to do so would exceed the appropriate limit, currently set at 18.5 hours. Undertaking such a labour intensive manual exercise over a 20 year timescale would clearly exceed this limit and as such the Council relies on section 12 (1) to refuse your request.

We can provide the information requested over a shorter period of 3 years within this timeframe. Please advise whether you wish to reduce the scope of your enquiry to the past 3 years and we will endeavour to provide the information as soon as possible.

Please note that in any event, the Council does not hold a definitive list of unadopted roads within the Council boundary and as such the response for that final point of your enquiry will be N/A.

You have the right under Section 17 of the Freedom of Information Act 2000 to ask for an internal review of the refusal of the information requested. Please direct any request for an internal review to [Wirral Borough Council request email] and your request will be allocated to another officer for review.

If you are dissatisfied with the outcome of an internal review you also have the right to complain to the information Commissioner, who can be contacted at https://ico.org.uk/global/contact-us/

Yours sincerely

Lynette Paterson
Principal Information Management Officer
Wirral Council
Business Management - ICT
Treasury Building
Argyle Street
Birkenhead
Wirral
CH41 1AH

Tel: 0151 691 8201
[Wirral Borough Council request email]

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Dear Paterson, Lynette M.,

Many thanks for your reply and apologies for the confusion.

A 3 year timescale would be really helpful.

Yours sincerely,

Carl McCain

Dalton, Chelsea, Wirral Metropolitan Borough Council

Dear Mr McCain,

 

Thank you for your recent request made under the Freedom of Information
Act. We apologise for the delay in responding to your request.

 

 1. Number of Section 38 Agreements Approved (the adoption of roads into
the public highway) and issued a ‘final certificate’ (sometimes
referred to as the adoption certificate) under the Highways Act 1980
per year for the last THREE years?

Number of S38 sites adopted 2019-3 site agreements, 2018-1 site agreement,
2017- 6 site agreements, 2016 (August)-1 site agreement

 

 2. Number of Section 38 Technical Approvals Received under Highways Act
1980 per year for the last THREE years?

Number of Section 38 Agreements submitted for formal technical
approval-2019-6 sites, 2018-  3 sites, 2017- 4 sites, 2016 (August)-3
sites.

 

 3. Number of Section 38 Agreements Rejected/Refused (refused to issue
certification) per year for the last THREE years?

None refused/rejected. The Council try not to refuse/reject, we encourage
the developer to carry out any necessary outstanding works and to gain all
necessary external approvals to enable completion of the agreement.

 

 4. Number of recorded unadopted roads within the Council boundary each
year for the last THREE years?

Number of unadopted roads in new developments over the last three
years-2019-5 roads, 2018-5 roads, 2017-3 roads, 2016 (August) – 1 road.

 

 5. Number of new build development planning permissions granted/approved
per year for the last THREE years?

search this information for themselves from our website.  Searches can be
done for years and description of development. [1]www.wirral.gov.uk

 

 6. Number of new build developments for which the Council are not
required to maintain Highways including roads, street lighting &
ground maintenance?

Ref to item 4 above- 2019-5 sites, 2018-5 sites, 2017-3 sites, 2016
(August) – 1 site. The Council do not take on adoption of POS. Ground
Maintenance of these areas are covered under a private Management Plan
arranged by the developer.

 

 7. Number of Section 37 Agreements Approved (final certification issued)
under Highways Act 1980 per year for the last THREE years?

Only one site covered by S37 Agreement during the last three
years-adopted/completed 2017.

 

 8. Number of Section 37 Agreements Rejected/Refused (refused to issue
certification) under Highways Act 1980 per year for the last THREE
years?

None.

 

 9. List of all unadopted roads within the Council boundary?

Information not recorded/Not held

 

 

I trust this will be of assistance to your enquiry.

 

You have the right under Section 17 of the Freedom of Information Act 2000
to ask for an internal review if you are dissatisfied with the information
provided to you. Please direct any request for an internal review to
[2][Wirral Borough Council request email] and your request will be allocated for
review.

 

Yours sincerely,

 

Chelsea Dalton

Information Management Officer

Business Management - ICT

Treasury Building

Argyle Street

Birkenhead

Wirral

CH41 1AH

Tel: 0151 666 5201

[3][Wirral Borough Council request email]

 

PLEASE FORWARD ALL FOI RESPONSES TO [4][Wirral Borough Council request email]

 

This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
If you have received this email in error please notify the system manager.

References

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