This is levied by all the ‘frontagers’ along Welcomes, Uplands and adjoining roads. Spur roads maintained by the Council pay 50% of the full road levy unless the deeds prescribe that the full levy is payable. The rate of road levy is voted upon annually at the AGM and the funds applied in accordance with the constitution. The levy is based on the Council Tax Band of the property.
In the event of arrears (fortunately there are only a few who seem happy enjoy the benefits of the roads but do not contribute to their upkeep) WURA seek to recover unpaid levies on an amicable basis and resort to the courts only as a last resort. Under the Halsall v Brizzell case the legal commentary stated ‘the users of the roads contained in the deed are bound by this deed, if they desire to take it benefits’. In another case Wilkinson v Kerdene the commentary stated ‘a party may not take the benefit of a covenant (in their title) without also accepting the burden which goes with it’.
On sale of a property it is necessary to use form TA6 to declare a dispute (under Section 2.1) with the Road Association to the buyers for the arrears of road levy which will require to be paid.
The current rates (August 2019) are:
If you pay by standing order please remember to review and amend the amount payable each financial year – this will save our Treasurer a lot of work requesting any increase due.
There is an HGV road levy charged for use of our private roads during the building phase to compensate for wear and tear. Construction or logistical method statements are required which show the estimated tonnage and lorry movements to be expected. The current tariff (February 2019) can be viewed here. The Association reserves the right to alter these rates without notice or increase them if the projected HGV traffic is deemed to be excessive in the opinion of the Road Committee. It needs to be understood that Welcomes Road has no formal foundations or structure and as such is easily damaged by heavy lorries. In exceptional cases the Road Association would expect the users to make good the road at their expense.