QUESTION: Councillor W. Carey
To ask the Chief Executive if SDCC has powers to insist on developers/management company's of estates yet to be taken in charge by this local authority in the electoral area to provide sufficient road traffic signage in such estates
REPLY:
The responsibility for the provision and maintenance of road traffic signage within a housing estate that has not been taken in charge generally rests with the developer or, where applicable, the management company responsible for the estate.
As part of the planning process, developers are required to construct housing estates in accordance with the approved plans and particulars associated with the planning permission, including any conditions relating to roads, traffic management and signage. The Council also typically holds a security bond or other financial security to ensure the satisfactory completion of estate infrastructure to the required standard and in accordance with the planning permission.
Where elements of the estate are not built fully in compliance with the granted planning permission plans and particulars, the Council may instigate planning enforcement procedures. The Planning Enforcement will be managed in a prescribed manner, starting with an investigation of the alleged breach, the issuing of a 'Warning letter' if applicable. A further investigation and assessment process is conducted after inviting explanations from the developer and evidence gathering.
The Council decision will either be (a) Take no Further Action (b) Seek Voluntary Compliance (c) Issue Enforcement Notice.
However, where a developer has provided the estate infrastructure in accordance with the approved planning permission and all relevant planning conditions have been complied with, the Council's powers to require the provision of additional signage are limited. In these cases, there may be no basis for planning enforcement action.
It should also be noted that certain developments, including many apartment developments and some residential estates, are intended to remain in private ownership and management and are not designed to be taken in charge by the local authority. In such instances, responsibility for the management, maintenance and any additional traffic signage required within the development generally rests with the management company or property owner rather than the Council.
The Council will pass on information it receives to the relevant developer or management company on safety issues associated with traffic signage in Housing estates. Generally, developers and management company's will voluntarily address these traffic safety issues, as they know they may be found liable for any traffic accidents that occur as a result of any negligence.
Accordingly, the Council's ability to require additional road traffic signage within estates that have not been taken in charge will depend on the specific planning permission, the status of the development, and whether the signage in question forms part of the approved development or any outstanding works required under the planning permission.