Issue details

Policy on Commuted Sums for maintaining infrastructure in association with S278 and S38 Highway Agreements

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 type: Key

Reason Key: Affects more than 1 ward;

Decision status: Recommendations Approved

Divisions affected: (All Divisions);

Notice of proposed decision first published: 07/08/2018

Decision due: December 2018 by Cabinet Member for Highways and Infrastructure

Lead member: Mr Roger Elkins

Lead director: Executive Director Economy, Infrastructure and Environment

Contact: Andrew Howick, Highway Agreements Team Manager Email: Tel: 033 022 25704.

Consultation process

Representations concerning this proposed decision can be made to the Cabinet Member for Highways and Infrastructure, via the officer contact, by the beginning of the month in which the decision is due to be taken.


Internally with officers in the highways and transport, finance, and legal services teams

Democratic Services Contact: Judith Shore Tel: 033 022 26052

West Sussex Plan Priority: A Prosperous Place


Background papers

  • None