The History of the Kirby Fields Road Fund

The Conservation Area of Kirby Fields, situated within the village of Kirby Muxloe, consists of a range of residences, which are accessed off the main B5380.
The roads within the Kirby Fields Conservation Area fall into two categories:
· those adopted (maintained by the Council) and
· those unadopted (not maintained by the Council).

The Kirby Fields area has developed over the last 100 years. New individual houses have been erected and also some small developments have been built. While the roads within some of these newer developments (the side roads) have been adopted by the Council, these residents can only gain entry and exit access to their properties by making use of the unadopted roads, since each entry road into Kirby Fields falls into the unadopted category.

It is not only the residents within Kirby Fields who make use of the unadopted roads, but visitors, essential services and in times of crisis, the emergency services. It is therefore in everyone’s interest that the roads are maintained to the best possible standards that funds allow. The upkeep and maintenance of the unadopted roads therefore falls to the residents.

Over 20 years ago a voluntary committee (Kirby Fields Roads Fund Committee), made up of local residents, was established to collect a modest annual contribution from residents and with the funds collected oversee the maintenance of the unadopted roads.

On an ongoing basis, minor maintenance and repairs were carried out. However, in 2003 it was realised that as costs were escalating, capital reserves diminishing and with major roadwork required within the next 5 years, annual contributions were reviewed and increased for the first time since 1984.

Currently, residents living on unadopted roads contribute £60 annually (due 10th February) and those living on adopted roads contribute £30.

Kirby Fields Road Fund Ltd

In July 2005, Kirby Fields Roads Fund became a Company Limited by Guarantee – Kirby Fields Roads Fund Ltd (KFRF Ltd). This enabled the Fund to take out Public Liability insurance to protect both the volunteer Board Members and also the residents.

The Roads Fund is run in exactly the same way as before, but obviously there are legal implications to being a Limited Company which must be complied with. There is a Chairman, Company Secretary, Treasurer and Board Members, with formal Minutes being taken at meetings. An Annual General Meeting is held and an Annual Return submitted to Companies House. All Board Members are volunteers and receive neither reward nor payment for their time.

Legal Issues

It must be emphasised the KFRF Ltd does not take away a resident’s legal liability. KFRF Ltd only maintains the surface of the unadopted roads (not the sub-structure, drains, gullies, street lights, overhanging trees etc., which remain the responsibility of householders).

Why are there two different levels of contribution?

Historically, the local authority collected fees from house owners through the domestic rates system. Within that system, there was a contribution toward the upkeep of adopted roads, and in 1984 when the old system of Road Fund contributions was set up, this was the situation.

Since the residents who lived on adopted roads were already contributing via the rates toward their upkeep, they were asked to pay only a token amount toward the running costs for the unadopted roads within Kirby Fields. By contrast, residents who lived on unadopted roads paid a smaller amount to the local authority via the rates, on the basis that they had additional moneys to find to support their unadopted roads. Therefore, their contribution was set higher.

When the Poll Tax was introduced in 1990, the system changed. All householders within Kirby Fields then paid the same road contribution to the local authority, irrespective of the type of road they lived in. The local authority had declared that contributions to the roads were for all the roads within the county and not just the road outside a resident’s property. With the abolition of the Poll Tax and introduction of the Community Charge, the contribution levels to the then Roads Fund did not change.

Will The Unadopted Roads Within Kirby Fields Be Adopted?

The KFRF asked Leicestershire County Council this question. In his reply dated 11th November 2002, Mr M Dakin, Assistant Engineer at Leicestershire County Council, confirmed that the County Council have no plans to adopt any of the unadopted roads within Kirby Fields.

He said that if the roads were to be adopted, the carriageway would need to be 5.5m wide and pavements 1.8m wide on each side of the road. A turning head would need to be provided at that end of Portland Road and the visibility splays on other roads would need improving. In order to do all this, land would have to be taken from householder’s gardens. Trees and hedges would be lost and the character of Kirby Fields changed irrevocably. There would also be a very substantial cost to householders. Although some householders might prefer the roads to be adopted, it appears highly unlikely that they ever will be.

What are the Benefits of Having a Road Fund?

· Increased property value.

· Property easier to sell.

· More pleasant surroundings.

· Easier and safer to walk, cycle, drive, push a pram etc.

· Less chance of being sued following injury/damage to pedestrians/cyclists/vehicles.

· Much easier to get contractors out to mend larger areas of the road surface than for individual potholes.

· Volunteers keep an eye on the road surface on your behalf.

· Cost spread annually, rather than having to fund very large one-off payments.

· Advice when householders have a major problem (e.g. if the substructure of the road develops a problem).

· A well respected committee (Board Members) able to liaise with local authorities etc. on resident’s behalf when problems occur that can affect the road surface.

Conclusion

If the residents of Kirby Fields wish to protect the value of their property and retain acceptable access to them, then ongoing maintenance of the unadopted roads is essential.
It is hoped that the current funding arrangements will provide enough money to cover future costs, although the price of oil, upon which much of the material used to maintain the road surface depends, continues to rise.

And Finally…

A reminder that the KFRF Ltd’s remit is to keep the road surface in as good condition as possible within its financial limits. It is only the road surface that is covered by road fund contributions – not pavements, not verges, not drains, not street lamps and not the ground underneath the road surface.

The road fund will not become involved in supporting or opposing planning applications or in issues relating to traffic.
However, if they are likely to adversely affect the road surface, KFRF Ltd will liaise with the appropriate authorities on behalf of residents.