Derry home owners told to pay for road works

Residents of a street in Derry have been told they will have pay for essential upgrades to footpaths and sewers themselves after the developer who built their homes went into administration.

The situation emerged after representations were made to the Transport Minister Danny Kennedy on behalf of residents of the Copperthorpe (pictured above) area in the Waterside, after concerns were raised over essential works at the development being left incomplete.

The representation was made by the SDLP’s Martin Reilly who sought an update from the Minister on progress being made on all three housing phases within the Copperthorpe area being adopted by Transport I (formerly DRD Roads Service), which would see the Minister’s department take over responsibility for street lighting, footpaths and sewerage.

Prior to construction, a developer is required to enter into an agreement with Transport NI, provide the roads, footways and sewers to the required standard.

Following a one-year maintenance period, during which the developer continues to be responsible for the roads, the developer will correct any final defects that are identified and Roads Service will then formally adopt the area.

This agreement between the developer and Transport NI is secured by a monetary bond, that may be used by Roads Service to complete the road works should the developer default.

However, it has now emerged that the bond set down by the developer of Copperthorpe was not enough to cover all the works needed in Phases 1 and 2 of the area in order for it to be adopted.

The Minister has also revealed that there was no bond agreement for Phase 3 of the street due to the developer going into administration in 2011.

He added the responsibility of ensuring that the roads and sewage in the street are ‘up to an adoptable standard’ now lies with the ‘frontagers’ – the owners of the homes that front the street and road.

In regards to Phases 1 and 2 of Copperthorpe, the Minister states: “The remedial works are substantial and include relaying/relining of a large diameter storm sewer, rectification of a carriageway and footway defects.

“It is accepted that there is a considerable difference between the bond amount and the value of the outstanding works.”

With the current situation in Phase 3, the Minister continues: “Arrangement of a bond arrangement for Phase 3 of Copperthorpe was in progress during 2011 when the developer went into administration without the bond being signed.

“My Department has been engaging with the Administrator in an effort to get a bond agreement in place, but to date, this has not been successful.

“By virtue of this, Phase 3, was not covered by the Private Street Order and my department has no remit to progress adoption of the roads and sewerage infrastructure.”

“The Private Street Order states that in the absence of a bond, the responsible persons with respect to bringing the roads up to an adoptable standard are the frontagers (home owners that front the street/road.”

The letter adds that if a new developer was to purchase Phase 3 and ‘build out the remainder of the housing’ his department would take all the necessary steps to help the developer complete the road infrastructure needed.

However, the Minister also advises the affected home owners to now go back to the solicitor who handled their purchasing for the house and ask what checks were made and what information was sought by the solicitor regarding the situation at that time.