§ Mr. Allan StewartI beg to move amendment No. 8, page 16, line 28, after 'shall' insert
', subject to subsection (3A) below,'.
§ Mr. Deputy Speaker (Mr. Paul Dean)With this it will be convenient to take Government amendment No. 9.
§ Mr. StewartUnder the clause, a local roads authority will have to put on the list of public roads, on request, a private road that has been made up to a satisfactory standard or constructed in accordance with a construction consent and the adoption must take place within 12 months. The amendments simply make it clear that if the road has not remained up to standard at the end of the 12 months the authority need not take it on.
§ Mr. MaxtonI hope that the Minister will be able to clarify a case that a constituent took up with me last weekend. Houses are to be built along what is at present a privately owned back lane giving access only to garages. Half of that lane is owned by the owners of the existing houses and the other half is owned by the people who propose to build two houses in a very large garden, to which the back lane would be the main access. If that lane has to be made up to the relevant standard to be taken on by the roads authority, what obligation is there on the owners of the existing houses, who intend to oppose the building plans but may be overruled, to bring their half of the road up to the relevant standard and how can those building the new houses ensure that they do so? Most of our discussions about private roads have assumed that one owner, whether it be a building contractor or someone else, will be responsible for bringing the road up to standard. What is the position when the private road is owned by two or more parties who may be in dispute as to how it should be maintained and brought up to standard?
§ Mr. StewartWhere there is a majority, the road can be required to be brought up to standard. The situation described by the hon. Gentleman, however, sounds rather complicated. I will study it in detail and ensure that he receives a written reply in due course.
§ Amendment agreed to.
§
Amendment made: No. 9, in page 17, line 9, at end insert—
'(3A) Without prejudice to any addition made under subsection (1) or (2) above, the said subsection (1) or as the case may be (2) does not impose a duty as respects a road which within the period there allowed for such addition deteriorates to a standard below that mentioned in the said subsection (1).'.