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Written Question
Roads: Repairs and Maintenance
Tuesday 26th July 2022

Asked by: Damian Hinds (Conservative - East Hampshire)

Question to the Department for Transport:

To ask the Secretary of State for Transport, what assessment his Department has made of the potential merits of amending the Advance Payment Code to empower local highway authorities to resolve unresolved section 38 Highways Act 1980 negotiations.

Answered by Karl McCartney

Local authorities are responsible for the setting their own design standards for their streets. It is not possible to design national standards as every community is different. It is entirely a matter for individual authorities to decide the standards for their network. The Department provides good practice guidance to assist local authorities in setting design standards

Where a developer obtains planning permission for a new development they will consider how or if they wish the roads on that development to be adopted. They may seek to have roads on that development adopted by entering into an agreement with the highway authority under the Highways Act 1980, or they may decide that their development will remain private and that the roads will not become public highway – for example as in a gated community.

Local authorities can use planning conditions or section 106 planning obligations to secure a commitment from developers to provide and maintain communal spaces and facilities. It is up to developers and local planning authorities to agree appropriate funding arrangements for developments with common areas or shared services. The Department for Levelling Up, Housing and Communities are responsible for planning policy.

No assessment has been made of amending the advance payment code to resolve section 38 Highways Act 1980 negotiations. We have previously published an advice note on the process of adopting private roads into the public road network and an updated version is to be published shortly.


Written Question
Unadopted Roads: Housing Estates
Tuesday 26th July 2022

Asked by: Damian Hinds (Conservative - East Hampshire)

Question to the Department for Transport:

To ask the Secretary of State for Transport, if officials in his Department will hold discussions with representatives of the Association of Directors of Environment, Economy, Planning and Transport on standardising procedures and requirements across local highways authorities to increase the number of housing estate roads for adoption by specifying minimum adoption standards and enable developers to offer those roads for adoption.

Answered by Karl McCartney

Local authorities are responsible for the setting their own design standards for their streets. It is not possible to design national standards as every community is different. It is entirely a matter for individual authorities to decide the standards for their network. The Department provides good practice guidance to assist local authorities in setting design standards

Where a developer obtains planning permission for a new development they will consider how or if they wish the roads on that development to be adopted. They may seek to have roads on that development adopted by entering into an agreement with the highway authority under the Highways Act 1980, or they may decide that their development will remain private and that the roads will not become public highway – for example as in a gated community.

Local authorities can use planning conditions or section 106 planning obligations to secure a commitment from developers to provide and maintain communal spaces and facilities. It is up to developers and local planning authorities to agree appropriate funding arrangements for developments with common areas or shared services. The Department for Levelling Up, Housing and Communities are responsible for planning policy.

No assessment has been made of amending the advance payment code to resolve section 38 Highways Act 1980 negotiations. We have previously published an advice note on the process of adopting private roads into the public road network and an updated version is to be published shortly.


Written Question
Housing Estates: Construction
Monday 25th July 2022

Asked by: Damian Hinds (Conservative - East Hampshire)

Question to the Ministry of Housing, Communities and Local Government:

To ask the Secretary of State for Levelling Up, Housing and Communities, what recent estimate his Department has made of the proportion of new housing being built on estates where the roads, drainage and open spaces are to remain unadopted; what the recent trends are in that proportion; and what the reasons are for those trends.

Answered by Marcus Jones

When a new development is granted planning permission, local authorities can use section 106 planning obligations to secure a commitment from developers to provide and maintain communal spaces and facilities. It is up to developers and local planning authorities to agree appropriate funding arrangements for developments with common areas or shared services.

Planning obligations may only constitute a reason for granting planning permission for the development if the obligation is necessary to make the development acceptable in planning terms; directly related to the development; and fairly and reasonably related in scale and kind to the development.

Section 38 agreements facilitate the adoption of new roads built by developers to become highways maintained by the public purse. Whether a road is offered up for adoption is determined by the developer. Where a road is offered for adoption, the Highways Authority will assess whether the road has been constructed to the correct standard and will make a decision whether or not to adopt the road. This department does not hold data on unadopted roads.

In all cases, the Government believes that it should be clear to potential purchasers what the arrangements are for the maintenance of roads and upkeep of open space, public or otherwise. Where a road is not adopted by the local authority the responsibility for maintaining the road rests with third parties, which are usually the owners of properties that front onto it. Estate rent charges are one way that residents cover the unadopted road’s maintenance. However, it is not appropriate that these homeowners have limited rights to challenge these costs.

That is why the Government intends to legislate to give freeholders on private and mixed tenure estates equivalent rights to leaseholders to challenge the reasonableness of estate rent charges, as well as a right to apply to the First-tier Tribunal to appoint a new manager to manage the provision of services covered by estate charges.


Written Question
Housing: Planning Permission
Monday 25th July 2022

Asked by: Damian Hinds (Conservative - East Hampshire)

Question to the Ministry of Housing, Communities and Local Government:

To ask the Secretary of State for Levelling Up, Housing and Communities, what assessment he has made of the potential merits of granting local planning authorities power to refuse the grant of planning permission for new housing until such time as it is known whether or not the roads, drainage and open spaces on the proposed development will be adopted.

Answered by Marcus Jones

When a new development is granted planning permission, local authorities can use section 106 planning obligations to secure a commitment from developers to provide and maintain communal spaces and facilities. It is up to developers and local planning authorities to agree appropriate funding arrangements for developments with common areas or shared services.

Planning obligations may only constitute a reason for granting planning permission for the development if the obligation is necessary to make the development acceptable in planning terms; directly related to the development; and fairly and reasonably related in scale and kind to the development.

Section 38 agreements facilitate the adoption of new roads built by developers to become highways maintained by the public purse. Whether a road is offered up for adoption is determined by the developer. Where a road is offered for adoption, the Highways Authority will assess whether the road has been constructed to the correct standard and will make a decision whether or not to adopt the road. This department does not hold data on unadopted roads.

In all cases, the Government believes that it should be clear to potential purchasers what the arrangements are for the maintenance of roads and upkeep of open space, public or otherwise. Where a road is not adopted by the local authority the responsibility for maintaining the road rests with third parties, which are usually the owners of properties that front onto it. Estate rent charges are one way that residents cover the unadopted road’s maintenance. However, it is not appropriate that these homeowners have limited rights to challenge these costs.

That is why the Government intends to legislate to give freeholders on private and mixed tenure estates equivalent rights to leaseholders to challenge the reasonableness of estate rent charges, as well as a right to apply to the First-tier Tribunal to appoint a new manager to manage the provision of services covered by estate charges.


Written Question
Housing Estates: Planning
Monday 25th July 2022

Asked by: Damian Hinds (Conservative - East Hampshire)

Question to the Ministry of Housing, Communities and Local Government:

To ask the Secretary of State for Levelling Up, Housing and Communities, what assessment his Department has made of the potential impact on residents of new housing estates of developers not offering roads, drainage or open spaces on those estates for adoption.

Answered by Marcus Jones

When a new development is granted planning permission, local authorities can use section 106 planning obligations to secure a commitment from developers to provide and maintain communal spaces and facilities. It is up to developers and local planning authorities to agree appropriate funding arrangements for developments with common areas or shared services.

Planning obligations may only constitute a reason for granting planning permission for the development if the obligation is necessary to make the development acceptable in planning terms; directly related to the development; and fairly and reasonably related in scale and kind to the development.

Section 38 agreements facilitate the adoption of new roads built by developers to become highways maintained by the public purse. Whether a road is offered up for adoption is determined by the developer. Where a road is offered for adoption, the Highways Authority will assess whether the road has been constructed to the correct standard and will make a decision whether or not to adopt the road. This department does not hold data on unadopted roads.

In all cases, the Government believes that it should be clear to potential purchasers what the arrangements are for the maintenance of roads and upkeep of open space, public or otherwise. Where a road is not adopted by the local authority the responsibility for maintaining the road rests with third parties, which are usually the owners of properties that front onto it. Estate rent charges are one way that residents cover the unadopted road’s maintenance. However, it is not appropriate that these homeowners have limited rights to challenge these costs.

That is why the Government intends to legislate to give freeholders on private and mixed tenure estates equivalent rights to leaseholders to challenge the reasonableness of estate rent charges, as well as a right to apply to the First-tier Tribunal to appoint a new manager to manage the provision of services covered by estate charges.


Written Question
Housing Estates: Planning
Monday 25th July 2022

Asked by: Damian Hinds (Conservative - East Hampshire)

Question to the Ministry of Housing, Communities and Local Government:

To ask the Secretary of State for Levelling Up, Housing and Communities, whether his Department has made an assessment of the potential merits of requiring or incentivising developers to make an early commitment to seeking adoption for roads, drainage and open spaces on new housing estates, as part of the Government’s planning reform programme.

Answered by Marcus Jones

When a new development is granted planning permission, local authorities can use section 106 planning obligations to secure a commitment from developers to provide and maintain communal spaces and facilities. It is up to developers and local planning authorities to agree appropriate funding arrangements for developments with common areas or shared services.

Planning obligations may only constitute a reason for granting planning permission for the development if the obligation is necessary to make the development acceptable in planning terms; directly related to the development; and fairly and reasonably related in scale and kind to the development.

Section 38 agreements facilitate the adoption of new roads built by developers to become highways maintained by the public purse. Whether a road is offered up for adoption is determined by the developer. Where a road is offered for adoption, the Highways Authority will assess whether the road has been constructed to the correct standard and will make a decision whether or not to adopt the road. This department does not hold data on unadopted roads.

In all cases, the Government believes that it should be clear to potential purchasers what the arrangements are for the maintenance of roads and upkeep of open space, public or otherwise. Where a road is not adopted by the local authority the responsibility for maintaining the road rests with third parties, which are usually the owners of properties that front onto it. Estate rent charges are one way that residents cover the unadopted road’s maintenance. However, it is not appropriate that these homeowners have limited rights to challenge these costs.

That is why the Government intends to legislate to give freeholders on private and mixed tenure estates equivalent rights to leaseholders to challenge the reasonableness of estate rent charges, as well as a right to apply to the First-tier Tribunal to appoint a new manager to manage the provision of services covered by estate charges.


Written Question
Infected Blood Inquiry
Wednesday 20th July 2022

Asked by: Damian Hinds (Conservative - East Hampshire)

Question to the Cabinet Office:

To ask the Minister for the Cabinet Office, when his Department plans to respond to the report by Sir Robert Francis entitled Compensation and redress for the victims of infected blood: recommendations for a framework, published on 7 June 2022.

Answered by Michael Ellis

I refer the Hon. member to the answer given to PQ 35990 on 18 July 2022.


Written Question
Housing: South of England
Monday 12th July 2021

Asked by: Damian Hinds (Conservative - East Hampshire)

Question to the Ministry of Housing, Communities and Local Government:

To ask the Secretary of State for Housing, Communities and Local Government, what recent assessment he has made of the impact of (a) an ageing population, (b) average household size, (c) net immigration and (d) other relevant factors on housing demand in the south of England.

Answered by Christopher Pincher

A number of different factors influence housing demand, and officials monitor a wide variety of indicators to assess trends in housing demand, both at a national and sub-national level. We have previously published analysis on the determinants of house price changes which shows the scale of the effect of, for example, household growth:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/699846/OFF_SEN_Ad_Hoc_SFR_House_prices_v_PDF.pdf

My officials regularly liaise with the Office for National Statistics, who provide estimates of population and household formation which take account of factors such as population demographics.


Written Question
Electric Vehicles: Costs
Monday 28th June 2021

Asked by: Damian Hinds (Conservative - East Hampshire)

Question to the Department for Transport:

To ask the Secretary of State for Transport, if he will conduct and publish an analysis of the monthly costs of ownership and operation of electric cars compared to petrol and diesel cars, based on indicative model types and scenarios of usage.

Answered by Rachel Maclean

The Government has no current plans to publish such regular analysis. The monthly cost of electric vehicle ownership will depend on the vehicle type, the driver’s recharging pattern and usage.

We will continue to support industry and motorists to make the switch to zero emission vehicles. Phasing out the sale of new petrol and diesel cars and vans by 2030 will put the UK on course to be the G7 country that will decarbonise cars and vans fastest. We expect total cost of ownership to reach price parity during the 2020s, compared to petrol and diesel cars.


Written Question
Coronavirus: Vaccination
Monday 21st June 2021

Asked by: Damian Hinds (Conservative - East Hampshire)

Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, pursuant to the Answer of 27 May 2021 to Question 4578 on exploring prioritisation of immunocompromised individuals for the planned autumn booster covid-19 vaccine programme, what key clinical studies will be considered in the decision-making process for that programme; and when the data used to inform decisions will be published.

Answered by Nadhim Zahawi

The Department has asked the Joint Committee on Vaccination and Immunisation (JCVI) to consider the need for and timing of additional doses of COVID-19 vaccines. The JCVI will consider available evidence from a range of sources in its deliberations but is not able to confirm which studies will be available at this stage. The JCVI’s deliberations will be published in due course.