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Trinity South

Tyneside, UK
2018 Aug 17
Friday, Day 229

Trinity South

Or what South Tyneside Council didn't do!

Photos that you probably wouldn't want to send home

At Keepmoat and the Council

Elsewhere on the web

What South Tyneside Council Didn't Do

Building of roads on new housing developments is governed by the Highways Act of 1980, particularly Section 38. On 24 July 2014 South Tyneside Council entered into a legal agreement under Section 38 of the Act covering construction of the new street that became Garden Gate Drive.

Work was split into two parts. Part 1 work was to be completed before any houses were occupied, Part 2 work was to be completed within two years. The fourth anniversary of the Agreement is approaching.

Part 1

One requirement of Part 1 concerned street lighting. The text below is an extract copied from the actual document.

Paragraph 11.2 is quite specific in what it says Keepmoat must do. Elsewhere in the agreement is a paragraph requiring test certificates, etc to be provided to the Council.

Shortly after, on 8 August 2014, the Council signed off the work under Part 1 as "completed to the standard listed in... the Agreement".

There is a divergence from reality here because at that point NO STREET LIGHTS EXISTED, connected to mains or otherwise.

What Happened Next

Between July and November 2014, the new houses got their new occupants.

In December 2014, a single street lighting post was erected and the light was switched on during January 2015, that was a full five months after the Council had certified all lights were installed, connected and tested.

Further streetlights were installed and connected. The final one went in during 2017 - nearly three years after the Council had certified the work as completed and that it had received the electrical test certificates for all of the street lighting.

In August 2017, in an email, the Council stated categorically that when the Part 1 certificate was issued "only one street light remained to be connected". The statement is demonstrably not true.

Part 2

The Section 38 Agreement required all work to be completed not less than 24 months after the first houses became occupied.

The work includes finishing off footways and roadways, painting white lines, providing street signs and generally doing everything to make it a livable area.

24 months set the deadline as August 2016.

This photograph was taken in June 2018 and says everything that needs to be said.

Keepmoat has been approached on several occasions about having not done the work. It's answer is quite simply that it currently has no intention of doing it.

The Council has been asked multiple times if it will hold Keepmoat to its obligations under the Agreement. It has never responded. Even when it was raised as a formal complaint, the Council chose to look only at how its staff had behaved rather than scrutinise their actions in respect of the Council's obligations.

Page date: 2018 June 7

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