Decision details

Policy on Commuted Sums for maintaining infrastructure in association with S278 and S38 Highway Agreements HI19 (18/19)

Decision Maker: Cabinet Member for Highways and Infrastructure

Decision status: Recommendations Approved

Is Key decision?: Yes

Is subject to call in?: Yes

Purpose:

In association with development proposals, third parties enter into agreements with the County Council under Sections 278 and 38 of the Highways Act 1980.  These agreements enable them to make modifications to the existing publicly maintainable highway and also to offer up new highways for adoption by the County Council.

Where this infrastructure will create an additional maintenance burden on the authority, commuted sums are secured for the future maintenance of the asset that is being adopted.

To provide clarity on the authority’s approach to commuted sums and the assets that will attract commuted sums, a new policy has been produced (see Appendix A).   The new policy applies current contractor rates to ensure that the full cost of maintaining the asset is identified.

The Cabinet Member for Highways and Infrastructure will be recommended to adopt the new policy on commuted sums as the County Council’s approach to securing contributions for the future maintenance of assets adopted under S278 and S38 Highway Agreements.

Decision:

The Cabinet Member for Highways and Infrastructure has:

(a)   Approved the Commuted Sums Policy attached as Appendix A to this report to be effective from 1st April 2019; and

(b)   Delegated authority to the Director of Highways and Transport to review the sums in Appendix 1 of the Policy on a biennial basis and, where appropriate, to uplift them to take account of any increases in maintenance costs.

 

Interests and Nature of Interests Declared:

None.

Publication date: 21/12/2018

Date of decision: 21/12/2018

Effective from: 07/01/2019

Accompanying Documents: