Archived decisions

Contact: David Veal, tel 01329 824366 email: [email protected]

1. Summary

1.1 This report considers maintenance implications associated with adopting developer funded works within the existing publicly maintainable highway network under Section 278 agreements and new estate roads covered by Section 38 agreements. It proposes that all future Section 278 and Section 38 agreements include a wider range of commuted sums to be included to cover maintenance costs.

2. Recommendations

2.1 That the following policy be endorsed and incorporated in the Highway Management Maintenance Plan:

Hampshire County Council will require developers to pay a commuted sum towards maintenance of items that have a higher maintenance cost compared with conventional materials or items, or would not be required save for the development.

2.2 That, where appropriate, Section 278 and Section 38 agreements include provision for commuted sums towards maintenance of items of work scheduled in the attached appendix.

2.3 That the Movement Access Streets and Spaces document or its successor be updated accordingly.

2.4 That District Councils be informed of the new policy.

3. Background

3.1 For many years there has been growing concern about the increased costs associated with the maintenance of developer funded highway improvement schemes and the construction of new estate roads. The two areas of particular concern relate to the cost and frequency of maintaining non-standard and high quality materials, and on maintaining the additional area of the highway network.

3.2 At present current policy is to request commuted sums for limited types of works. The standard Section 278 and Section 38 agreement includes provision for the following commuted sums:

(i) maintenance of soakaways and hydrobrakes;

(ii) non-standard/decorative street lighting;

(iii) new landscaping works and maintenance of existing landscaping and trees;

(iv) structures; and

(v) traffic signals and traffic and travel information systems (Intelligent Transport Systems [ITS]).

3.3 Section 278 (3) and Section 38 (6) of the Highways Act 1980 enables a highway authority to seek commuted sums from developers. The Chief Executive has confirmed that the guidance available supports the principle of taking commuted sums from developers, and has also reinforced the need for a definitive policy for a wider range of works should a challenge by a developer occur through the courts.

3.4 A working group has been looking at expanding the range of commuted sums for individual items of work which can be incorporated into Section 278 and Section 38 agreements. A schedule of items for which it is proposed commuted sums will be sought from developers is shown in the attached appendix. Other local authorities are already seeking a wider range of commuted sums and the schedule has taken account of these findings.

3.5 Although there is a clear need for long term maintenance of the highway network which will include new works, the requirement for commuted sums will be assessed for each scheme prior to the drafting of Section 278 and Section 38 agreements. There may be social and economic benefits of a scheme progressing which may affect the justification of collecting commuted sums.

3.6 To avoid costly management of funds it is proposed, subject to the individual agreement, that each commuted sum will not be held against a particular scheme but will contribute to the overall maintenance of the network. During the life of the scheme future maintenance will be prioritised and funded accordingly from the highway maintenance budget as required.

3.7 Commuted sums will be held in specific accounts for the various types of maintenance works as follows:

(i) highway works (carriageway/footways, etc);

(ii) drainage, soakaways, hydrobrakes and other drainage features;

(iii) landscaping;

(iv) traffic and travel information systems, including real-time bus passenger information and variable message signs, etc;

(v) street lighting, including illuminated signs; and

(vi) bus shelters.

3.8 The life cycle is the number of years that an item is expected to last prior to replacement/reconstruction. Hence the commuted sum will be based on the total additional maintenance cost of the item or the replacement cost of the item.

4. Impact Assessments

4.1 Assessment of the Race Relations (Amendment) Act has been considered in the development of this proposal. No adverse impact has been identified in terms of race, creed or gender.

5. Conclusion

5.1 As a result of increased costs associated with the maintenance of developer funded highway improvement schemes and the construction of new estate roads, it is proposed that all future agreements under Section 278 and Section 38 of the Highways Act 1980 include a wider range of commuted sums to cover future maintenance costs.

1195Rpt/DV

APPENDIX

COMMUTED SUMS PROPOSED SCHEDULE OF ITEMS AND CHARGES

Other items to be included in exceptional circumstances.