Road Bonds and Apps 1,2,3 and 4
North Ayrshire Council · 10 June 2022
Back to Ayrshire Shared Services Committee — 10 June 2022 and its agenda
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AYRSHIRE SHARED SERVICES JOINT COMMITTEE 10 JUNE 2022 Report by the Head of Ayrshire Roads Alliance ______________________________________________________________ SUBJECT: DEVELOPMENT CONTROL UPDATE - ROAD BONDS ______________________________________________________________ PURPOSE OF REPORT 1. The purpose of this Report is to update the Joint Committee on the current position regarding road bonds held by the Ayrshire Roads Alliance on behalf of East Ayrshire and South Ayrshire Councils. RECOMMENDATIONS 2. It is recommended that the Joint Committee: (i) Notes the position regarding road bonds currently held by the Ayrshire Roads Alliance on behalf of East Ayrshire Council and South Ayrshire Council; (ii) Notes the outcome and actions from an internal audit of road bonds; (iii) Agrees that progress updates are provided to future meetings of the Joint Committee on an annual basis; (iv) Otherwise, notes the content of this report. BACKGROUND 3. The Roads (Scotland) Act 1984 requires that, for any road not constructed by a roads authority, the appropriate consent from the local roads authority is obtained to undertake this work. This is generally referred to as the Road Construction Consent (RCC). The Ayrshire Roads Alliance maintains a register of all RCCs under the remit of the Ayrshire Roads Alliance. 4. Where new roads are being constructed for housing the developers are required to provide the roads authority with security to cover the cost of constructing the roads should the developer default. The provisions are set out in the Security for Private Road Works (Scotland) Regulations 1985, as amended. This security may take the form of a cash deposit but it is generally in the form of a road bond. The security is retained by the Roads Authority until completion of the consented works, although the value may be reduced as the works progress. Road bonds are not required for local authority or housing association developments.
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5. The Joint Committee, at its meeting on 23 May 2014, remitted the Head of Roads to undertake a review of road bonds more than three years old and report to a future meeting of the Joint Committee. An annual report is now presented to the Joint Committee summarising the road bond position and providing other updates on the development control process as required. CURRENT RESIDENTIAL ROAD BONDS 6. A list of all RCCs and their associated road bonds for each Council area is shown in Appendix 1. As of 24 May 2022, ARA manages 24 road bonds with a current value of £9,336,951.61 in East Ayrshire, and 30 road bonds with a current value of £12,207,800 in South Ayrshire. 7. Appendix 2 provides details of completed road bonds and road adoptions since the previous report to Joint Committee on 4 June 2021, and Appendix 3 shows new bonds received since the previous report. 8. The current review has found that the value of the road bonds held in Appendix 1 is adequate to complete the outstanding road works on each development site across both East Ayrshire and South Ayrshire for which RCC has been issued. CONSTRUCTION TAKING PLACE WITHOUT RCC AND ROAD BONDS 9. There are no developments being constructed within East Ayrshire Council without an RCC and Road Bond in place. OTHER DEVELOPMENT MATTERS North East Troon – Stewart Milne Homes 10. An outstanding issue has been resolved at NE Troon development regarding the roundabout junction at B746 Kilmarnock Rd/Lang Rd/Commonwealth Rd. Funding has now been secured to remove the roundabout and install traffic lights, work programmed to commence week beginning 4 July 2022. Corton, Ayr – Allanvale Residential 11. Allanvale Residential have submitted a total of nine RCC applications, eight for the Corton development in Ayr and one for Auchincruive. None of the nine RCCs are listed in Appendix 1 as consent has yet to be issued. Six of the Allanvale RCC applications have been reviewed by the ARA, with subsequent requests for road bonds totalling £3.3 million and associated inspection fees of £120,000 issued in June 2020, inspection fees have been received. In accordance with ARA procedures, RCC will not be granted until the road bonds are lodged with the Council. The remaining three RCC applications as yet to be reviewed by the ARA involve a further £4.5 million in road bonds and £175,000 in inspection fees, however these have yet to be requested. It should be noted that no development is currently taking place associated with
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any of the nine RCC applications, and therefore there is no breach of the regulations BONDS CALLED-IN 12. No bonds have been required to be called in since the last report to Committee. NON-RESIDENTIAL ROAD BONDS 13. Roads authorities have a general power under section 96 of the Roads (Scotland) Act 1984 to recover maintenance costs arising from damage caused by excessively heavy, or other extraordinary, vehicles or traffic. The type of development where this applies are Wind Farms or major infrastructure projects. 14. The current status of non-residential bonds and financial guarantees is set out in the table below. In each case the bond value held has been assessed as being sufficient to cover the cost of potential works arising from extraordinary damage to roads infrastructure. 15. Construction works in relation to the Afton Wind Farm have all been completed with the exception of the replacement of a cattle grid on Afton Road which ARA propose to undertake in the current financial year. In lieu of payment of £30,000 to the Council to cover the cost of replacing the cattle grid the existing Section 96 Bond has been cancelled. 16. The Greenburn OCC is in its restoration phase and work on the reinstatement of the U720 road and use of the haul road bridge as part of the realigned public road is now complete and the road has been reopened to traffic. Formal adoption of the new section of road and the bridge has still to be concluded. Council Area Site Developer Agreement Bond Value East Ayrshire Greenburn Open Cast Coal Keir Mining Parent Company Guarantee £1.200M South Ayrshire Assel Valley Wind Farm Assel Valley Wind Energy Ltd Section 96 of Roads Scotland Act £0.107M INTERNAL AUDIT OF ROAD BOND PROCEDURES 17. Previous reports to Committee advised on the outcome of Internal Audit of Road Bonds and the actions taken by ARA to review and enhance monitoring and management of road bond processes. A further internal audit of ARA’s new processes was undertaken in early 2020 and the audit report received in August 2020 provided “Sound assurance in most areas - key controls exist
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and are applied consistently and effectively in most areas. Non-compliance has only been identified in low risk or medium risk areas”. The audit report identified some remaining scope for improvement and set out a number of recommendations. Following the audit a number of actions have been undertaken to strengthen processes, including the addition of a further overarching QA procedure setting out the key requirements in respect of management and reporting of road bonds. The new procedure is included at Appendix 4. POLICY/COMMUNITY PLAN IMPLICATIONS 18. None. LEGAL IMPLICATIONS 19. The work to manage RCCs and road bonds is carried out in accordance with the Roads (Scotland) Act 1984 and its associated statutory instruments. HUMAN RESOURCES IMPLICATIONS 20. The management of the development control function and continued review of road bonds will be undertaken within existing staff resources. EQUALITY IMPACT IMPLICATIONS 21. None FINANCIAL IMPLICATIONS 22. The road bonds currently held by the Alliance on behalf of both East Ayrshire Council and South Ayrshire Council are considered to be sufficient to complete the outstanding roadworks on each development site for which RCC has been issued. RISK IMPLICATIONS 23. Inadequate road bond values expose the roads authority to a potential financial shortfall if the roadworks have to be completed by them should the developer default. An RCC is valid for three years and the developer may ask the roads authority for an extension if the site is incomplete after this period. The value of road bonds that are more than three years old will therefore continue to be reviewed to determine their adequacy to complete the outstanding works required to comply with the RCC. Where a shortfall is identified the developer will be advised to increase the value of the road bond held when an application is made for an extension to the RCC. TRANSFORMATION STRATEGY 24. None
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BACKGROUND PAPERS Development Control Update - Road Bonds - 23 May 2014 Development Control Update - Road Bonds - 21 August 2014 Development Control Update - Road Bonds - 6 November 2015 Development Control Update - Road Bonds - 17 February 2017 Development Control Update - Road Bonds - 16 February 2018 Development Control Update - Road Bonds - 25 April 2019 Non-Residential Road Bonds – 29 August 2019 Development Control Update - Road Bonds – 4 June 2021 LIST OF APPENDICES Appendix 1 - Register of Road Bonds Appendix 2 - Completed Road Bonds and Road Adoptions since August 2021 Appendix 3 - New Bonds received since August 2021 Appendix 4 – Procedure relating to the management and reporting of road bonds and road construction consents. For further information on this report, please contact Kevin Braidwood, Head of Ayrshire Roads Alliance on 01563 503064. Implementation Officer: Kevin Braidwood, Head of Ayrshire Roads Alliance on 01563 503064.
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Appendix 1 - Road Bonds Held at 24 May 2022 East Ayrshire RCC Ref Developer Site Bond Provider Original Bond Value Current Bond Value Status EAC/CC/02/007 EXT KG Building and Civil Eng Ltd Manse Gardens, Brewlands Street, Galston NHBC £110,270 (07/03/19) £110,270 Site currently being developed. Extension to RCC approved on 29/03/19 and bond value re-calculated and increased. EAC/CC/08/013 McTaggart Construction Ltd Dunlop House, Dunlop MD Insurance Services Ltd £353,682 (04/08/16) £353,682 Site currently abandoned. Awaiting new application from developer, Bond remains unchanged at this time. EAC/CC/14/009 Bellway Homes Fardalehill, Kilmarnock, Phase 1 NHBC £952,194 (28/07/15) £95,219 (21/05/21) Site complete. Maintenance period commenced 21/05/21. Bond reduced to 10% EAC/CC/15/006 Hemingsley Homes David Dale Avenue, Stewarton, (Fisher’s Grove) HCC £196,457 (24/03/16) £40,000 (21/05/19) Roadworks complete. Developer has to resolve drainage issue with Scottish Water prior to commencing maintenance period. £40K road bond retained EAC/CC/16/003 Phase 1 Persimmon Homes Dunlop Road, Stewarton, Phase 1 NHBC £713,585 (19/08/16) £356,793 (30/10/18) Site currently being developed. Bond reduced by 50%. Extension granted on 16/09/19 EAC/CC/16/003 Phase 2 Persimmon Homes Dunlop Road, Stewarton, Phase 2 NHBC £951,566 (19/08/16) £95,156.56 (15/06/21) Site currently being developed. Bond reduced to 10% on 15/06/21. On maintenance period from 15/06/21 EAC/CC/16/003 Phase 3 Persimmon Homes Dunlop Road, Stewarton, Phase 3 NHBC £713,585 (12/02/18) £356,792.62 (15/06/21) Site currently being developed. Bond reduced to 50% on 15/06/21 EAC/CC/16/003 Phase 4 Persimmon Homes Dunlop Road, Stewarton, Phase 4 NHBC £381,205 (07/08/19) £38120.46 (15/06/21) Site currently being developed. Bond reduced to 10% on 15/06/21. On maintenance period from 15/06/21 EAC/CC/16/003 Phase 5 Persimmon Homes Dunlop Road, Stewarton, Phase 5 NHBC £624,749 (07/08/19) £312,374.48 (15/06/21) Site currently being developed. Bond reduced to 50% on 15/06/21 EAC/CC/16/004 Mooncatcher Ltd/Campbell Homes Rigg Road, Cumnock, Phase 1 Cash Deposit £193,844 (01/05/18) £168,830 (04/11/19) Site currently being developed. Remaining cash bond of £168,830 from EAC/CC/16/004 covers outstanding value of roadworks for Phases 1 – 4 EAC/CC/16/009 ARH Homes Ltd Riverside Gardens, Cronberry Cash Deposit £130,929 (14/06/16) £66,860 (19/10/18) Site currently abandoned. Bond reduced by 50%. Developer to lodge new RCC application to replace existing RCC. Existing cash bond will transfer to new consent. New site layout still to be approved through planning, no change to RCC or bond status at 06/05/22. EAC/CC/16/010 Ogilvie Homes Helen’s Terrace, Annandale, Kilmarnock NHBC £484,574 (23/06/17) £4,845 (31/07/20) Internal site roads completed by developer and roads adopted. Helen’s Terrace footway remains unadopted until after horsetail weeds have been eradicated. 10% bond value retained until the work is completed.
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RCC Ref Developer Site Bond Provider Original Bond Value Current Bond Value Status EAC/CC/17/002 Bellway Homes Fardalehill, Kilmarnock Phase 2 NHBC £1,338,781 (26/04/18) £133,878 (21/05/21) Site complete. Maintenance period commenced 21/05/21. Bond reduced to 10% EAC/CC/17/003 EXT PHASE 1 Auberne Homes Former Holmhead hospital site, Cumnock, Phases 1 Acasta European £145,818.50 (08/12/17) £145,818.50 (07/05/21) Site currently being developed. Bond total for phase 1 & 2 £291,637. EAC/CC/17/003 EXT PHASE 2 Auberne Homes Former Holmhead hospital site, Cumnock, Phases 2 Acasta European £145,818.50 (08/12/17) £145,818.50 (07/05/21) Site currently being developed. Bond total for phase 1 & 2 £291,637. EAC/CC/17/006 Bellway Homes Fardalehill distributor road, Kilmarnock, Phase 2 NHBC £511,934 (07/02/18) £51,193 (21/05/21) Maintenance period commenced 21/05/21. Bond reduced to 10% EAC/CC/17/007 Taylor Wimpey Altonhill, Kilmarnock, Phase 11 NHBC £933,558 (14/05/18) £93,356 (14/03/22) Site on maintenance period from 14/03/22, road bond reduced by 10% EAC/CC/17/008 Barratt Homes Northcraigs, Kilmarnock, Phase 1 NHBC £1,311,088 (29/05/19) £655,543.94 (08/06/21) Site currently being developed Bond reduced by 50% on 08/06/21 EAC/CC/18/003 Brae Homes Balgreen, Hollybush HCC £202,361 (27/08/19) £20,236 (18/08/21) Site completed and on maintenance period from 18/08/21, bond reduced to 10%. EAC/CC/18/010 Mooncatcher/ Campbell Homes Rigg Road, Cumnock, Phase 2 Cash Deposit £58,404 (01/05/18) See status Site currently being developed. Remaining cash bond of £168,830 from EAC/CC/16/004 covers outstanding value of roadworks for Phases 1 – 4 EAC/CC/18/013 Valley Homes (Scotland) Ltd John Street, Catrine, Phase 1A Cash Deposit £29,641 (26/11/19) £29,641 Site currently being developed EAC/CC/18/015 Phase 1 Auberne Homes/Viga Homes Main Street, Auchinleck (Phase 1) Acasta International £55,498 (12/08/20) £55,498 Site currently being developed. Bond total for Phase 1 & 2 £110,996 EAC/CC/18/015 Phase 2 Auberne Homes/Viga Homes Main Street, Auchinleck (Phase 2) Acasta International £55,498 (12/08/20) £55,498 Site currently being developed. Bond total for Phase 1 & 2 £110,996 EAC/CC/19/003 Campbell Homes Rigg Road, Cumnock, Phase 3 Cash Deposit £81,401 (01/05/18) See status Site currently being developed. Remaining cash bond of £168,830 from EAC/CC/16/004 covers outstanding value of roadworks for Phases 1 – 4 EAC/CC/19/005 Campbell Homes Rigg Road, Cumnock, Phase 4 Cash Deposit £49,718 (01/05/18) See status Site currently being developed. Remaining cash bond of £168,830 from EAC/CC/16/004 covers outstanding value of roadworks for Phases 1 – 4 EAC/CC/19/008 Barratt Homes West Former Kilmarnock College, Holehouse Road, Kilmarnock NHBC £630,903 (15/11/19) £ 315415.50 (25/10/21) Site currently being developed Bond reduced to 50% on 25/10/21 EAC/CC/19/009 Bellway Homes Ltd Fardalehill, Kilmarnock, Phase 3 NHBC £1,018,084 (21/08/20) £ 509041.91 (14/12/21) Site currently being developed Bond reduced to 50% on 14/12/21
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RCC Ref Developer Site Bond Provider Original Bond Value Current Bond Value Status EAC/CC/19/013 Campbell Homes Rigg Road, Cumnock, Phase 5 Cash Deposit £65,114.84 (07/06/21) See status Site currently being developed. LODGED AS CASH BOND 5,6&7 TOTAL £170,807.79 EAC/CC/20/002 Phase 1 Hayhill Developments Hillhead Road, Mauchline, Phase 1 Cash Deposit £218,901.66 (15/07/20) £218,901.66 Site currently being developed Bond total for Phase 1,2 & 3 £656,705 EAC/CC/20/002 Phase 2 Hayhill Developments Hillhead Road, Mauchline, Phase 2 Cash Deposit £218,901.66 (15/07/20) £218,901.66 Site currently being developed Bond total for Phase 1,2 & 3 £656,705 EAC/CC/20/002 Phase 3 Hayhill Developments Hillhead Road, Mauchline, Phase 3 Cash Deposit £218,901.66 (15/07/20) £218,901.66 Site currently being developed Bond total for Phase 1,2 & 3 £656,705 EAC/20/004B Murdoch Properties Glebe Road, Galston. Phase 2, North, Road 2. (Adoptable) Cash Deposit £44,215.84 (03/11/20) £44,215.84 Site currently being developed EAC/CC/20/007 Avant Homes (Scotland) Loudoun Street, Draffen, Stewarton NHBC £2,125,456 (26/03/21) £2,125,456 Site currently being developed EAC/CC/20/006 Glencairn Estates One Recreation Road, Cumnock Cash Deposit £106,370.27 (07/06/21) £106,370.27 Site currently being developed. EAC/CC/21/005 Campbell Homes Rigg Road, Cumnock, Phase 6 Cash Deposit £61,114.61 (07/06/21) See status Site currently being developed. LODGED AS CASH BOND 5,6&7 TOTAL £170,807.79 EAC/CC/21/006 Campbell Homes Rigg Road, Cumnock, Phase 7 Cash Deposit £44,578.34 (07/06/21) See status Site currently being developed. LODGED AS CASH BOND 5,6&7 TOTAL £170,807.79 EAC/CC/21/009 Campbell Homes Rigg Road, Cumnock, Phase 8 Cash Deposit £99,888.44 (09/03/22) 99,888.44 Site currently being developed. EAC/CC/21/011 J. Campbell, New Cumnock Muirkirk Road, Lugar AVIVA £108,370.21 (28/10/21) 108,370.21 Site currently being developed. EAC/CC/21/007 Miller Homes Ltd Irvine Road, Kilmaurs NHBC £1,743,070.61 (10/08/21) £1,743,070.61 Site currently being developed. South Ayrshire RCC Ref Developer Site Bond Provider Original Bond Value Current Bond Value Status SAC/133/05/12 Stewart Milne NE Troon Phase 1, Troon NHBC £849,603.00 £424,801.00 Site complete – maintenance inspection to be arranged SAC/134/06/12 Taylor Wimpey N E Troon Distributor Road, Phase 2A NHBC £576,486.63 £576,486.00 Work ongoing
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RCC Ref Developer Site Bond Provider Original Bond Value Current Bond Value Status SAC/135/07/12 Stewart Milne NE Troon Housing 1, Troon NHBC £1,110,614.00 £555,307.00 Work complete – maintenance period cannot commence until SAC/133/05/12 placed on maintenance. SAC/138/03/14 Bellway Homes Ltd Kilmarnock Road, Brassie NHBC £508,825.00 £254,412.00 Work complete – maintenance period cannot commence until SAC/133/05/12 placed on maintenance. SAC/142/06/14 Mactaggart & Mickel Greenan, Phase II, Ayr NHBC £1,970,572.00 £985,286.00 Work ongoing SAC/146/03/15 Stewart Milne/Mac and Mic Townend Brae Phase 1, Symington NHBC £274,302.00 £27,430.00 Work complete – in maintenance period SAC/147/04/15 Bellway Homes Ltd Kilmarnock Road, Phase 2, Troon NHBC £424,252.00 £212,126.00 Work complete – maintenance period cannot commence until SAC/133/05/12 placed on maintenance. SAC/152/03/16 Stewart Milne Homes Townend Brae Phase 2, Symington NHBC £664,026.00 £66,402.00 Work complete – in maintenance period SAC/158/01/17 Tom Bennet Culzean Road, Maybole Cash Deposit £153,879.00 £15,388.00 Final joint inspection to be carried out prior to site being adopted SAC/159/02/17 Mactaggart & Mickel Townend Brae, Symington Phase 3 NHBC £610,581.00 £61,058.00 Work complete – in maintenance period SAC/161/04/17 Taylor Wimpey N E Troon, Phase 3 NHBC £584,889.22 £584,889.00 Work ongoing SAC/162/01/18 Stewart Milne N E Troon, Phase 4 NHBC £676,681.87 £338,640.00 Work ongoing SAC/163/02/18 Mactaggart & Mickel Greenan, Ayr Phase 3 NHBC £67,181.00 £67,181.00 Work ongoing SAC/166/05/18 Taylor Wimpey N E Troon Distributor Road, Phase 2B NHBC £576,486,63 £576,486.00 Work ongoing SAC/167/06/18 Taylor Wimpey N E Troon Distributor Road, Phase 2C NHBC £576,486,63 £576,486.00 Work ongoing SAC/168/07/18 Taylor Wimpey N E Troon, Phase 5 NHBC £346,121.63 £346,121.00 Work ongoing SAC/170/01/19 Milestone Developments West Parish, Maybole Cash Deposit £10,933.00 £10,933.00 Work ongoing SAC171/02/19 Cala Homes Greenan Phase 6 NHBC £963,940.94 £963,940.00 Work ongoing SAC/175/06/19 Westpoint Homes Seafield Hospital NHBC £577,447.62 £577,447.00 Work ongoing SAC/176/01/20 Taylor Wimpey N E Troon phase 6 NHBC £329,369.00 £329,369.00 Work ongoing SAC/177/02/20 Persimmon Homes Tarbolton Road, Monkton Phase 1 NHBC £509,382.85 £509,382.00 Work ongoing SAC/178/03/20 Persimmon Homes Tarbolton Road, Monkton phase 2 NHBC £707,634.85 £707,634.00 Work ongoing SAC//187/12/20 Taylor Wimpey N E Troon, Phase 7 NHBC £395,682.75 £395,682.00 Work ongoing SAC/192/17/20 Taylor Wimpey N E Troon, phase 8 NHBC £797,174.00 £797,174.00 Work ongoing
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RCC Ref Developer Site Bond Provider Original Bond Value Current Bond Value Status SAC/193/01/21 Mactaggart & Mickel Greenan, Phase 4 NHBC £661,142.00 £661,142.00 Work ongoing SAC/194/02/21 Milestone Developments Tunnoch Farm, Phase 1B Evo Surety £540,000.00 £540,000.00 Work ongoing SAC/199/07/21 Cala Homes Greenan, Phase 8 NHBC £372,104.00 £372,104.00 Work ongoing SAC/201/09/21 Persimmon Homes Monkton, Phase 6 NHBC £432,257.00 £432,257.00 Work ongoing SAC/203/11/21 Persimmon Homes Monkton, Phase 7 NHBC £242,207.00 £242,207.00 Work ongoing Appendix 2 - Completed Road Bonds and Road Adoptions since August 2020 East Ayrshire RCC Ref Developer Site Bond Release Date Adoption Date Comments EAC/CC/05/011 EXT King Homes Holmhead, Cumnock, Phase 8 22/11/21 24/11/21 All development completed and adopted EAC/CC/04/005 George Wimpey Altonhill Distributor Road, Kilmarnock, Phase 2 11/03/22 11/03/22 All development completed and adopted EAC/CC/08/003 Bellway Homes Margaret Parker Avenue, Western Road, Kilmarnock 08/06/21 08/06/21 All development completed and adopted EAC/CC/11/003 Stewart Milne Homes Kilwinning Road, Dalry Road, Stewarton, Phase 1 18/01/21 18/01/21 All development completed and adopted EAC/CC/11/004 Stewart Milne Homes Kilwinning Road, Dalry Road, Stewarton, Phase 2 18/01/21 18/01/21 All development completed and adopted EAC/CC/11/005 Stewart Milne Homes Kilwinning Road, Dalry Road, Stewarton, Phase 3 18/01/21 18/01/21 All development completed and adopted
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RCC Ref Developer Site Bond Release Date Adoption Date Comments EAC/CC/11/010 Taylor Wimpey Kilwinning Road, Dalry Road, Stewarton, Phase 4 18/01/21 18/01/21 All development completed and adopted EAC/CC/12/003 Taylor Wimpey Altonhill, Kilmarnock, Phase 8 11/03/22 11/03/22 All development completed and adopted EAC/CC/14/004 Keepmoat Homes Former Stoddard’s carpet factory site, Barbadoes Road, Kilmarnock, Phases 1, 2 & 3 24/03/22 24/03/22 All development completed and adopted EAC/CC/14/005 Barratt Homes Glasgow Road, Kilmarnock, (Craighall Farm) 21/08/20 21/08/20 All development completed and adopted EAC/CC/15/001 Taylor Wimpey Altonhill, Kilmarnock, Phase 9 11/03/22 11/03/22 All development completed and adopted EAC/CC/15/002 Taylor Wimpey Altonhill, Kilmarnock, Phase 10 11/03/22 11/03/22 All development completed and adopted EAC/CC/15/008 Barony Developments Cairn Road, Cumnock 21/10/20 21/10/20 All development completed and adopted EAC/CC/16/001 Persimmon Homes Dunlop Road, Stewarton (Roundabout Works) 15/04/21 15/04/21 House building on Phases 1-5 ongoing EAC/CC/16/011 Milestone Developments Robert Burns Avenue, Drongan, Phase 3, (Shanter Crescent) 19/10/20 19/10/20 All development completed and adopted EAC/CC/17/011 Hayhill Developments Hayhill House 10/03/22 22/03/22 All development completed and adopted South Ayrshire RCC Ref Developer Site Bond Release Date Adoption Date Comments
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Appendix 3 - New Bonds received since August 2020 East Ayrshire RCC Ref Developer Site Bond Provider Bond Value Status EAC/CC/19/009 Bellway Homes Ltd Fardalehill, Kilmarnock, Phase 3 NHBC £1,018,084 (21/08/20) Site currently being developed Bond reduced to 50% (£509041.91) on 14/12/21 EAC/CC/19/0013 Campbell Homes Rigg Road, Cumnock, Phase 5 Cash Deposit £65,114.84 (07/06/21) Site currently being developed. LODGED AS CASH BOND 5,6 &7 TOTAL £170,807.79 EAC/20/004B Murdoch Properties Glebe Road, Galston. Phase 2, North, Road 2. (Adoptable) Cash Deposit £44,215.84 (03/11/20) Site currently being developed EAC/CC/20/006 Glencairn Estates One Recreation Road, Cumnock Cash Deposit £106,370.27 (07/06/21) Site currently being developed. EAC/CC/20/007 Avant Homes (Scotland) Loudoun Street, Draffen, Stewarton NHBC £2,125,456 (26/03/21) Site currently being developed. EAC/CC/21/005 Campbell Homes Rigg Road, Cumnock, Phase 6 Cash Deposit £61,114.61 (07/06/21) Site currently being developed. LODGED AS CASH BOND 5,6 &7 TOTAL £170,807.79 EAC/CC/21/006 Campbell Homes Rigg Road, Cumnock, Phase 7 Cash Deposit £44,578.34 (07/06/21) Site currently being developed. LODGED AS CASH BOND 5,6 &7 TOTAL £170,807.79 EAC/CC/21/009 Campbell Homes Rigg Road, Cumnock, Phase 8 Cash Deposit £99,888.44 (09/03/22) Site currently being developed. EAC/CC/21/011 J. Campbell, New Cumnock Muirkirk Road, Lugar AVIVA £108,370.21 (28/10/21) Site currently being developed. EAC/CC/21/007 Miller Homes Ltd Irvine Road, Kilmaurs NHBC £1,743,070.61 (10/08/21) Site currently being developed.
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South Ayrshire RCC Ref Developer Site Bond Provider Bond Value Comments SAC/197/12/20 Taylor Wimpey N E Troon, Phase 7 NHBC £395,682.00 Site currently being developed SAC/193/01/21 Mactaggart & Mickel Greenan, Phase 4 NHBC £661,142/00 Site currently being developed SAC/194/02/21 Milestone Developments Tunnoch Farm, Phase 1B Evo Surety £540,000.00 Site currently being developed SAC/199/07/21 Cala Homes Greenan, Phase 8 NHBC £372,104.00 Site currently being developed SAC/201/09/21 Persimmon Homes Monkton, Phase 6 NHBC £432,257.00 Site currently being developed SAC/203/11/21 Persimmon Homes Monkton, Phase 8 NHBC £242,207.00 Site currently being developed
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Appendix 4 – Procedure relating to the management and reporting of road bonds and road construction consents. PROCEDURE RELATING TO THE MANAGEMENT AND REPORTING OF ROAD BONDS AND ROAD CONSTRUCTION CONSENTS 1 PURPOSE 1.1 The purpose of this procedure is to set out the requirements for the management of road bonds and Road Construction Consents as well as the requirements for internal and external reporting of road bonds held by the Ayrshire Roads Alliance. 2 SCOPE 2.1 This procedure covers the management and reporting of road bonds and Road Construction Consents across East and South Ayrshire Councils. 3 BACKGROUND 3.1 The Roads (Scotland) Act 1984 requires that, for any road not constructed by a roads authority, the appropriate consent from the local roads authority is obtained to undertake this work. This is known as Road Construction Consent (RCC). The Ayrshire Roads Alliance undertakes the day to day management of Road RCCs on behalf of East and South Ayrshire Councils. 3.2 Where new roads are being constructed for housing, developers are required to provide the roads authority with security to cover the cost of constructing the roads should the developer default. The provisions are set out in the Security for Private Road Works (Scotland) Regulations 1985, as amended. This security may take the form of a cash deposit but it is generally in the form of a road bond. The security is retained by the Roads Authority until completion of the consented works, although the value may be reduced as the works progress. 3.3 Similarly, Section 96 of the Roads (Scotland) Act 1984 allows that the Roads Authority can seek a Bond or other financial guarantee where extraordinary damage may be caused to the roads infrastructure by a private body – typically where heavy or excess loads are being transported in respect of commercial developments. 3.4 The requirements for the management and reporting of road bonds is set out in Accounting Policy Bulletin (APB) 8A: Financial Guarantees. 3.5 It is the responsibility of the Head of ARA to ensure that a register is maintained of all road bonds, financial guarantee or deposits that have been requested from a developer and that this is subject to appropriate monitoring and review. 3.6 ARA QA Procedure DEVC-01 “Procedure relating to Road Construction Consent and Road Adoptions’ sets out the detailed procedure and process mapping for the day to day management of RCCs and Road Bonds from initial application to final adoption.
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3.7 This procedure, DECV-02, sets out the overall management responsibilities and reporting requirements to ensure that there is appropriate management and scrutiny of RCCs and Road Bonds. The obligations set out in this document aim to meet the requirements of APB8A and Internal Audit recommendations. 4. PROCEDURE 4.1 The levels of management responsibilities and reporting requirements for the key decision points in the management of RCCs and road bonds are set out in Table 1. Table 1: Minimum level of responsibility for approvals Engineer/ Technician Section Manager/ Team Leader Strategic Manager Head of Service Day to day control of RCCs and Road Bonds including continuous updating of RCC Register Granting of RCC - Signing of CC4 and DEVC-L08 Road Bond Reduction - Signing of DEVC-L10 & DEVC-L11 Approval of QA letters and Forms Approval of QA Procedures DEVC-01 and DEVC-02 Approval of Quarterly Report Approval of Annual Report to ASSJC Referral to Legal Service Day to day control of RCCs and Road Bonds 4.2 The Engineers and Technicians within the Traffic Section are responsible for the day to operation of the development control process. They will be responsible for ensuring that the process set out in DEVC-01 ‘Procedure relating to Road Construction Consent and Road Adoptions’ is adhered to and that the RCC register is continuously updated. Management Approval of Key RCC Process Stages 4.3 DEVC-01 ‘Procedure Relating to Road Construction Consent and Road Adoptions’ sets out the detailed process relating to RCCs and Road Bonds including the key decision- making stages within the process. To ensure proper scrutiny line management has a responsibility to check and approve the key decision making stages following review of supporting information presented by RCC case officer staff. The key decision-making stages are in relation to granting of RCC and for Road Bond Reductions. The following documents must only be signed by supervisory or management staff: • Granting of RCC - Signing of CC4 and DEVC-L08 • Road Bond Reduction - Signing of DEVC-L10 & DEVC-L11 4.4 The Head of Service must be made aware of any RCCs or Road Bonds where there is a concern or divergence from the approved procedures and must be advised where it is considered necessary to escalate matters to Legal Services.
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Management Approval of written procedures and process maps 4.5 It is important that senior ARA management are aware of and take responsibility for the Development Control written procedures. It is a requirement that the ARA Service Manager will approve the DEVC-01 and DEVC-02 documents. All letters and forms referred to in the Procedures must be approved by the Team Leader or Section Manager. Quarterly Report 4.6 The Engineers and Technicians will provide a quarterly update listing of all RCCs and road bonds setting out their current status. This will be reviewed by the Section Manager/Team Leader before being sent to the Service Manager and Head of Service for review and comment. The Quarterly Report will also highlight any development sites where there are or could be potential issues or concerns which may need further management action, including possible recourse to Legal Services. The Quarterly Report will contain information on the following: • RCCs submitted but not yet approved • Approved RCC sites under development • RCC sites on maintenance period • RCC sites awaiting adoption • RCC sites with less than 6 months to complete • RCCs lapsed • RCC Road Bonds Called-In • Non-residential bonds Annual Report 4.7 A report will be submitted on an annual basis to the Ayrshire Shared Services Joint Committee (ASSJC) setting out the current position regarding road bonds held by the Ayrshire Roads Alliance on behalf of East and South Ayrshire Councils. This sets out for public record the currents status of road bonds held by ARA. The report will set out the following: • List all current residential road bonds held (including RCC Ref, developer, site location, bond provider, bond value, and current status) • List all completed road bonds and adoptions since the previous report to the ASSJC • List all new road bonds received since the previous report to the ASSJC • List all non-residential road bonds held • Provide a written narrative on any significant matters and/or areas of concern • Advise the Committee on any other relevant development control policy and guidance matters. End.