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Highway Adoption Implementation Stage Steve Johnson Head of Network Management. Highway Adoption - Implementation. Session will cover Background information Overview of implementation phase Legal agreement – Section 38 How the process should work Delays to the process Case studies

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Highway adoption implementation stage steve johnson head of network management

Highway AdoptionImplementation StageSteve JohnsonHead of Network Management


Highway Adoption - Implementation

  • Session will cover

    • Background information

    • Overview of implementation phase

      • Legal agreement – Section 38

      • How the process should work

    • Delays to the process

    • Case studies

    • Summary of current agreements


Background information highways maintainable at public expense
Background information – Highways Maintainable at Public Expense

  • Until 1835 Highways Act – all highways maintainable by inhabitants of parish

  • With 1835 Act – all existing public highways remained publicly maintainable.

  • Adoption procedure applies

  • Publicly maintainable highways:

    Existed before 1835

    Adopted since 1835

    Constructed by Secretary of State for Transport or by the highway authority


Background information highways maintainable at public expense1
Background information – Highways Maintainable at Public Expense

  • HCC do not maintain all roads within the county

    • Motorways and trunk roads – Highways Agency

    • Private Roads/Streets – developers, residents, managing companies

  • Statutory Duty - list of all roads maintainable at public expense

  • Best practise – record private roads/streets

  • Gazetteer

  • HCC as Highway Authority maintain approx 4,920km

  • Further 1,091km recorded as private road


Overview of implementation phase
Overview of Implementation Phase Expense

  • Section 38 of the Highways Act 1980

    • Power of highway authorities to adopt by agreement

    • Sets out basis for adoption

    • HCC recover their costs

    • Requirements for bond

    • Requirement for commuted sum – future maintenance


Overview of implementation phase1
Overview of Implementation Phase Expense

  • Section 38 of the Highways Act 1980

    • Parties include HCC as Highway Authority, developer, land owner, and bank (bond)

    • HCC standard template

    • Highway authority has no power to force developer to put roads forward for adoption

    • Relies on developer to progress


Overview of implementation phase2
Overview of Implementation Phase Expense

  • Herts Highways responsible for S38 in 8 out of 10 districts

    • Dacorum, East Herts, Hertsmere, North Herts, St. Albans, Three Rivers, Watford, Welwyn & Hatfield

  • Agency agreements in Broxbourne and Stevenage

    • Carryout certain functions of Highway Authority including Section 38 agreements relating to residential roads

    • Work to HCC standards and procedures

    • Joint inspections with Borough and County officers prior to issue of certificates


Overview of implementation phase3
Overview of Implementation Phase Expense

  • How the process should work

    1. Post planning – developer approaches implementation team for application pack

    2. Agree extent of adoption based on HCC policy and developer requirements (proposal to change – TPP to identify)

    3. Fee estimate provided

    4. County Secretaries instructed

    5. Designs prepared by developer – Roads in Hertfordshire

    6. Designs checked – independent safety audit


Overview of implementation phase4
Overview of Implementation Phase Expense

  • How the process should work

    7. Designs approved

    8. Legal agreement signed – bond in place

    9. Construction – HCC (Agent) supervise

    10. Works completed – including any remedial

    11. Completion certificate issued – bond reduced

    12. 12 month maintenance starts

    13. Stage 3 safety audit carried out – outlined in agreement


Overview of implementation phase5
Overview of Implementation Phase Expense

  • How the process should work

    14. Sewers adopted

    15. Final inspection and remedial carried out

    16. Maintenance certificate issued

    17. Commuted sums paid by develop

    18. Bond released

    19. Road becomes maintainable at public expense


Delays to the process
Delays to the process Expense

  • Developer doesn’t enter into agreement at start of project

  • Designs change, structures added, additional phases - Highway Authority withhold maintenance certificate

  • No direct access onto public highway

  • Sewers not adopted

  • Land issues to be resolved

  • Developers change

  • Staff changes – over period of time – schemes inherited

  • Design doesn’t comply with HCC standards

  • Protracted negotiations on agreement

  • Remedial not completed


Case studies silk mill road
Case Studies – Silk Mill Road Expense

  • Draft agreement 2000 – Wilcon Homes

  • Couldn’t adopt as no access onto public highway as Brook End not adopted.

  • Brook End

    • Initially dealing with Westbury Homes

    • Taken over by Persimmon

    • Sewers not adopted until 2008

    • Finally adopted June 2008

  • 2nd draft issued 2004

  • 3rd draft issued 2009

  • Restructure within Taylor Wimpey – change of staff so little progress

  • Remedial to be completed

  • Current Status – ongoing negotiation


Case studies lilbourne drive
Case Studies – Lilbourne Drive Expense

  • Works have been complete for a number of years.

  • Developer had not conveyed the highway easements

  • Deed of Easements needed with each of the frontages.

  • Current Status – easements resolved and scheme adopted 21st January 2010



Case study the hedgerows
Case Study - The Hedgerows Expense

  • Adoption delayed - layout did not conform to original agreement drawing.

  • Current Status – agreement in place, deed of variation required

Case Study - Pixmore Avenue

  • Works commenced without technical approval

  • Installed proposed highway drainage system within footway without consent

  • s278 Agreement had to be modified to include Section 50 clauses

  • Awaiting clarification and confirmation of SUDS storage tanks suitability.

  • Current status – scheme still active


The brambles remedial
The Brambles - Remedial Expense

Current Status – agreement not in place, remedials to be completed, sewer adoption


Yearling close non standard design
Yearling Close – Non standard design Expense

Current Status – agreement not in place, drainage issues and remedial works to be completed


Summary of current agreements
Summary of current agreements Expense

  • List of Section 38 agreements in pack

  • Sites we are working on to adopt

  • Historic schemes – inherited by Herts Highways in 2002 - funding

  • 48 sites – agreements in place

  • 76 sites – agreement being prepared

  • Approximately 200 roads



Improvements
Improvements Expense

  • Guidance for developers

  • Proactive stance

    • Close working with developers cleared 36 sites in East Herts since 2004

  • Similar approach in South West and Mid Herts

  • Restructure of team

  • Investigation & developing process for calling in bond on one or two sites as a trial

  • Standard report to members/JMP’s - highway adoption


Summary
Summary Expense

  • Key issues

    1. Follow legislation

    2. Need to work with developers to progress

    3. Early involvement of Highway Authority

    4. Land ownership and easements agreed

    5. Designed and constructed to relevant standards – departures agreed with Highway Authority

    6. S 38 agreement in place.

    7. Utility apparatus adopted by relevant authority (sewers)

    8. Number of roads/streets are private


Section 38 agreements agency
Section 38 Agreements - Agency Expense

  • Broxbourne

    • Roads under construction – 7

    • Roads completed but S38 not signed – 15

    • Roads completed S38 signed and in maintenance period – 11

    • Roads completed S38 signed, maintenance period expired but remedial works – 1

    • Total Unadopted roads - 34


Section 38 agreements agency1
Section 38 Agreements - Agency Expense

  • Stevenage

    • Agreements in maintenance period – 7

    • Agreements being progressed - 14



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