§ Mr. BarnesTo ask the Secretary of State for the Environment, Transport and the Regions if he will estimate the number of private roads in England. [50184]
§ Dr. StrangSeparate figures for England are not readily available. Records show that in 1972—the latest year for which figures exist—there were some 40,000 private streets throughout England and Wales, amounting to some 4,500 miles. The number will have declined since that time, but as records of streets made up for adoption are not held centrally it is not possible to say by how much.
§ Mr. BarnesTo ask the Secretary of State for the Environment, Transport and the Regions if he will list the statutory duties of the owners of private roads with regard to their upkeep and lighting. [50185]
§ Dr. StrangIn general, the responsibility of maintaining a private street falls to the owners of the adjoining properties (the "frontagers"). This is a matter of common law, rather than statute law, although under the Highways Act 1980 when there is an urgent need for repairs to obviate danger to traffic the local highway authority may by notice require the owners of the premises fronting the street to carry out specified repairs. The authority may also from time to time resolve to execute street works in order to make up the street to a standard they consider satisfactory, and the works may include lighting.
The common law imposes no obligations on frontagers to light streets, and while local authorities have certain statutory powers in respect of lighting there is no duty to light a private street.