Decision Maker: Cabinet

Outcome: Recommendations Approved

Is Key Decision?: Yes

Is Callable In?: No

Date of Decision: October 16, 2025

Purpose:

Content: Decision   RESOLVED that the Cabinet agreed the acquisition of the service road in Manor Way as shown in the plan at Appendix 1; and Agreed to allocate £150,000 from contingency for the acquisition, associate legal costs and costs of making up the road to an improved standard.   Reasons for decision   1.     Manor Way service road had previously been owned by Manor Way Accommodation Road Ltd. This company was dissolved on 26 December 2023 and the land returned bona vacantia to the Crown. The service road had been a historic fly-tip hotspot. Much of this waste derived from was attracted by the poor waste management arrangements of the flats and businesses adjacent. They had historically been able to present and/or store waste in the service road. There were numerous bins, skips, trolleys and several unroadworthy vehicles that were an eyesore and a waste attractor. 2.     The businesses and landlords took little responsibility for cleansing around their bins, skips and vehicles and this allowed rubbish to accumulate further. The Council, either directly or through Community Payback operations, had undertaken some cleansing. This had been complicated by the poor quality of the road and the amount of obstructions. This prohibited the use of mechanical sweepers. 3.     The Council had received a significant volume of complaints from residents about fly-tipping in the road and had taken what enforcement action it could to stop this. Enforcement and cleansing was not sufficient to resolve the issues. The land needed to be controlled by an owner. A recent scrutiny task and finish group, under the Operations Review Committee considered the management of service roads across the Borough. Ensuring the landowner(s) took responsibility for management of service roads was key to achieving a satisfactory public realm. Manor Way service road was unique in its bona vacantia status where you could not compel the crown to clean or control the use of the road. The consequence of this status was that the resolution of faults would only be picked up by the Council, but at the same time the Council did not have the powers of land ownership to ensure it was used appropriately by those who had rights of access over it. As the road was not a highway maintained at public expense the County Council could not be compelled to maintain the road as highway authority. 4.     If the road was in Council ownership the Council would be better able to control these issues. The Council could insist on removal of “abandoned” vehicles. It could have licensed skips and required the area around them to be kept clean and clear by the licensee. The road could have been stopped for vehicle traffic at one end which would reduce vehicle borne fly-tipping. It could have required construction of purpose-built bin stores for any bins stored on the road. There would have been an immediate cost associated with legal costs of acquiring the road and making it up to a standard suitable for mechanical cleansing. The long-term financial burden should decrease. There would be a need to continue to maintain services to a standard and this report assumed any surfaces would need to be made good on 10 year cycle. Costs associated with removal of fly-tipping and hand cleansing should reduce. 5.     Legal costs may have been minimal however it was prudent to set aside a sum of £30,000 for the acquisition process. Crown Estates must have confirmed the land bona vacantia and then could have either agreed transfer to the Council or, as was likely pass the land to the Treasury Solicitor for disposal. The Council asserts there was no substantive value to the land, rather it was a burden on the public purse which could was best reduced by bringing it under the ownership of the Council. 6.     Asset Management had estimated the cost to making good the road and pavement as £120,000. The road would also have been stopped at its junction with Arundel Road. This would have been sufficient to remove uneven surfaces and enable mechanical cleansing. This report assumed the road would have required further making good on a 10-year cycle. This would not have been to a standard of the adopted highway and the report had not suggested that the service road should be come adopted highway.   Alternative Options Considered   1.     Do nothing. The road could have been left bona vacantia. All the problems associated with the road currently would have remained and the Council would have continued to have residents complain about the road therefore this option was discounted. 2.     The road could have been acquired and made up to the standard of adopted highway and put forward to the Highway Authority for adoption. This would have been more costly to the Council but would not have achieved any additional benefit above the recommended options in the report and had therefore been discounted.