Consent for Conduit and Pipe Works – major and minor
All new works within the private roads (including paths and verges) require the written consent of the Duryard Trust Management Committee (DT); ‘works’ include those required to increase the capacity of existing installations.
Most consents, in common with works agreed in the last 40+ years will require a legal agreement ensuring –
1. The primary beneficiaries of the works have paid their DT contributions up to date, in accordance with the 1864 deed.
2. Works are completed to the standard required by Devon County Council in the Adopted Highway and New Roads and Street works Act; or to an alternative agreed specification, where works are outside of tarmac areas.
3. Works do not facilitate a development or use –
a. Beyond one which can, reasonably, be construed and foreseen from the terms of the 1864 deed.
b. Which is materially in conflict with the terms of the 1864 deed; taking into consideration modern/present circumstances.
4. Works do not create an ongoing adverse effect on the rights and use of the roads, by other owners, as provided by the 1864 deed.
5. Minimal disruption during works, to be agreed in advance with DT.
6. Primary beneficiaries of the works, will pay their DT contributions going forward (reaffirm).
7. The common interests of all owners are protected.
8. Where possible new services are made available to all owners.
9. The location and depth of the conduits/pipes are properly documented.
10. It is clear who is responsible for the costs of maintaining the works going forward.
11. The works do not have any adverse effects on DT’s insurance or on-going premiums.
12. Works are carried out by contractors with the necessary competence and level of insurance.
We regret this has become necessary for all works including minor works as, in good faith, we have previously agreed to minor telecommunications works, which on completion, were substandard and the primary beneficiary subsequently failed to pay DT contributions.
The reasonable legal fees incurred by DT entering into such an agreement will be borne by the applicant.
Pot Hole Repairs
Any material used must not be hazardous or contain tar, material should not exceed 50mm in size. The base of the potholes should be broken up (e.g. by scraping with a backhoe bucket) to a depth of 75mm before being backfilled with the material and rolled to refusal. This is to avoid early failure of the repair due to delamination between the base of the pothole and the repair.
The roller used must be sufficiently heavy and/or provide sufficient vibration to fully compact the full depth of new and loosened material.
Development
Any works requiring heavy vehicle movements will require a road condition survey report before work commences and agreed re-instatement works on completion. The route must remain unobstructed throughout the works and some temporary repairs may be required during works to maintain safety. All survey costs and the costs of these repairs and re-instatement are the responsibility of the owner of the site.
New or Replacement Boundary Fencing/Walls
This applies only when the installation is adjacent (within 2 metres) to an estate road or path.
If you intend installing a new boundary fence or wall (of any height) in place of a grass bank, hedge or open space. Please submit a photo of the current boundary condition, along with a basic plan of your proposal to the Management Committee for written approval. This is to protect visibility and to avoid inadvertent installations onto trust property.
Also please seek written approval If you are replacing an existing wall or fence and wish to increase its height; unless it is less than 1 metre high.
New Entrances or Entrance Widening
To maintain safety please submit a photo of the location, along with a basic plan of your proposal to the Management Committee for written approval.
CONTRACTORS PLEASE NOTE
If you carry out works on Trust land without written approval from the Management Committee you may be held directly liable.
SKIPS should not be located on the Estate roads without permission.