5. Member Debate under Standing Order 11.21(iv): Unadopted roads

Part of the debate – in the Senedd at 3:52 pm on 14 February 2018.

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Photo of David Melding David Melding Conservative 3:52, 14 February 2018

I think we've heard two outstanding speeches that covered most of the ground and done so, I think, with great eloquence, because I think we all have experience of this issue and it is a matter that really does affect our constituents. It affects day-to-day life and can leave them in a very exposed financial situation. Like others, I've been very concerned to find that we're way short of best practice, often, in the way developers leave roads in new estates. We have a historical problem, which is probably more difficult to deal with, but what's happening at the moment, when we're building record low numbers of houses—it does seem astonishing that we can't regulate that activity more effectively.

I'm very concerned about what happens when roads are unadopted. Just to spell it out: roads, grass verges, pavements and playgrounds are then retained by the developer and the developer usually subcontracts day-to-day management. These companies pass on the costs to homeowners, for freeholders and leaseholders, via a deed of transfer that obliges the homeowner under the Law of Property Act 1925—I think that takes us even further back than the research note from the House of Commons Library of 1972 [Laughter.] The Law of Property Act 1925 is governing these practices, and they have to pay for the maintenance of the land. This is often referred to as an estate charge, a community charge—not a name that evokes very much happiness—or a service charge, and, unfortunately, these practices are not dying out. I share the real anger that Mike had for this being continued now.

We are already facing, generally, problems of affordability with housing. I mean, even people in good jobs and, however, no access to other wealth—or wealth—find it difficult to buy a home, and then to be faced with these sorts of charges and—. I have to say, it would never occur to me to check that the road is being built to acceptable standards and, you know, by the time you go under the road and think of the drainage and everything—these are duties of care that the planning system should be able to deliver, frankly. I think that's what we should be aiming for.

Some of the other onerous clauses on these ground rents are just remarkable—a charge for altering the property, charges even to sell the property. Some practices are perhaps similar to what we're now experiencing with the leasehold crisis coming back, and developers sometimes selling on leasehold, and then selling on those leaseholds, and doing the same with the management companies. They're not required to publish accounts to the residents and to prove the works that are being charged for are being delivered to an appropriate standard. There's a horrible lack of transparency in this area. It is antiquated and it's leaving these home owners exposed to really punishing practices. As Mike said, these matters are now devolved, as far as I understand, and they are things that we can attempt to tackle.

So, if you are minded to tackle this area, Cabinet Secretary, I think you can rely on extensive support across the Chamber, and I do hope that you will move—. You've heard the suggestion of a new law or, at least, a taskforce at first to examine the situation.

Can I just finish with the lack of data? I'm told that there are 92 km of unadopted highways in Cardiff. It is really quite remarkable—[Interruption.] Well, that's their best guess in 2010. So, it may be very different now. But really, this area cries out for reform and we should deliver it.