Most new developments require access or to the public highway with some schemes having the need for new adoptable roads.
Preplanning advice is essential and often the constraints of the existing highway can have a significant impact on any proposed site layout. We will always start liaison with the Local Authority Highways Department at the earliest opportunity to get the best understanding of local conditions and requirements.
If necessary we can work with our specialist traffic consultants for impact assessments and safety audits to deliver the optimum solution that will be acceptable to the planning authority.
Following Planning Approval we will develop the proposals to prepare all necessary drawings and documentation to obtain technical approval from the Highways Department. The issue of our coloured plans will enable the necessary Section 38 and 278 Agreements of Highways Act (see below) to be put in place allowing construction to begin and the infrastructure to be adopted.
Section 38 - Highways Act 1980, Adoption of New Highways
This section relates to the creation of new public highways upon private land. It is an agreement between the local authority and landowner for the construction of a new highway to a specified standard which will be owned and maintained by the authority.
The highways authority will require detailed design proposals from the developers consultants to be submitted for approval prior to construction works. Following technical approval coloured plans showing the extent of the new highway will be submitted for inclusion with the agreement.
Outside of the design team, the developer should also allow for the cost of traffic consultants who will carry out safety audits of the proposed scheme. Audits are required from the start of design through to completion of the construction work. The audit reports will be submitted to the highways authority.
A bond for the cost of the works will be secured under the agreement to enable the authority to complete the work should the developer default on their obligations to complete the work.
The authority will require fees for checking and supervision of the works which are approximately 6-8% of the construction costs.
The developer will also in some circumstances be required to pay Commuted sums. These are often applied by authorities for highway designs which require on going maintenance such as open space and verges or materials that have a shorter design life. With the increasing use of sustainable drainage systems such as permeable paving, commuted are likely applied more frequently.
Section 278 - Highways Act 1980, Works Within The Highway
This section relates to proposed modifications to the existing highway. This agreement is often required where new developments connect with the existing roads and alterations to the highway are required. Improvements to the existing highway to accommodate new development would also be covered.
Detailed design proposals will need to be submitted for technical approval in the same way as for Section 38 agreements.
The developer will effectively be carrying out the work on behalf of the authority. A bond will be required for the cost of the works and fees will be required. (See section 38 Agreements).
As an alternative to the above process the local authority may opt to carry out the works at the developer’s expense.
Section 104 - Water Industry Act 1990, Sewer Adoption
This section relates to the construction of new sewers which will adopted by the water authority as public sewers.
The water authority will require detailed design proposals from the developers consultants to be submitted for approval prior to construction works. Following technical approval coloured plans showing sewer runs and manholes will be submitted for inclusion with the agreement.
A bond for the cost of the works will be secured under the agreement to enable the authority to complete the work should the developer default on their obligations to complete the work.
Fees for checking and supervision of the works will also be payable by the developer which are approximately 3% of the construction costs.
In addition to the technical checking costs of the drainage being offered for adoption the developer should also make allowance for the cost of capacity checks of the wider network. This can cost several thousand pounds.
Another significant cost will be for infrastructure charges which can be in the order of £250 per dwelling. This fee will be used by the authority for future expansion and maintenance of the system.