New Roads (Hertfordshire)

Joe Benton Excerpts

Wednesday 23rd June 2010 Westminster Hall

[Norman Baker]

We will look at how far we can get down the track. We want to get as far down it as possible, including through changes to legislation, if we can make them. Certainly we will do what we can short of introducing legislation, if that approach is necessary.

Section 38 of the Highways Act 1980 is a well-used mechanism that can be very effective where a developer is prepared to commit to making up new roads to an adoptable standard. I am aware, however, that the existing arrangements place no obligation on developers to enter into such an agreement, even if the authority is clear that that would be squarely in the public interest. In the debate on 10 June, I indicated to my hon. Friend the Member for Kettering that I was exploring that matter with the Department for Communities and Local Government to see whether we could have

“options for legislation, including empowering local authorities to require developers to enter into section 38 agreements.”—[Official Report, 10 June 2010; Vol. 511, c. 578.]

We have had initial discussions with representatives of the Department for Communities and Local Government on the subject. They were not unsympathetic, but the issue, both in that case and with regard to advance payments under the Highways Act 1980, is simply finding a window for legislation. Both my hon. Friends will be aware that the coalition Government’s commitment is to give priority in legislation to the elements that were included in the coalition agreement, so that we can be seen to be delivering properly on what we promised the public. It is a question of how much traffic one can get on the bridge at any time. That does not mean that action will not happen, but it means that the issue will have to take its place in the queue. We will do our best in our Department to try to find a way to progress the matter, either through primary legislation or through some other means that helps move matters forward in a productive way.

The Department for Transport had a constructive meeting earlier this year with council representatives from the Kettering constituency, which was helpful in establishing the nature of the concerns and providing an initial view of some potential solutions. I am now keen to move forward by inviting—

[Mr Joe Benton (in the Chair)]

Order.