Freedom of information response

All years specified refer to financial years.

Highway Bond Provision

1. What is the total bond value for S278 and S38 agreements for ?

S278                   S38/278                      S38                  Total

a) 2020-21               £776,406.46            £0                                           £32,237.96              £808,644.42

b) 2021-22               £9,981.26                £45,000                              £150,000                      £204,981.26

c) 2022-23               £1,200,000              £0                                           £500,000                 £1,700,000

2.       What is the total number of bonds completed in ?

                                Released                 entered into

a) 2020-21,              7                              3

b) 2021-22               4                              3

c) 2022-23               7                              2

3.       What items of adoptable highway infrastructure currently attract commuted sums, and what are the individual costs?

Please see Council’s published Fees and Charges tariff rates

4.       What is your inspection fee or percentage applicable relevant to the bond provision for S278 and S38 agreements?

Please see Council’s published Fees and Charges tariff rates

S278 Timescales

5.       What was the average time taken from technical submission to technical approval of a S278 agreement in?

a) 2020-21               dependant on scheme; typically 6 months

b) 2021-22               dependant on scheme; typically 6 months.

c) 2022-23?             dependant on scheme; typically 6 months.

6.       What was the average time taken from technical approval to the completion of a Section 278 legal engrossment in?

a) 2020-21               dependant on scheme; typically 3 months.

b) 2021-22               dependant on scheme; typically 3 months

c) 2022-23?             dependant on scheme; typically 3 months

7.       What was the average time to grant a Streetworks Permit, post execution of Legal Engrossment in ?

a) 2020-21               Depends on the duration of works and traffic management involved but generally as the requirements of a Street works notice Short 3 days, medium Two weeks and Major permit a month.

b) 2021-22               Depends on the duration of works and traffic management involved but generally as the requirements of a Street works notice Short 3 days, medium Two weeks and Major permit a month

c) 2022-23?             Depends on the duration of works and traffic management involved but generally as the requirements of a Street works notice Short 3 days, medium Two weeks and Major permit a month

S38 Timescales

8.       What was the average time taken from technical submission to technical approval of a S38 agreement in?

a) 2020-21               dependant on scheme; typically 6 months.

b) 2021-22               dependant on scheme; typically 6 months.

c) 2022-23?             dependant on scheme; typically 6 months.

9.       What was the average time taken from technical approval to the completion of a Section 38 legal agreement in?

a) 2020-21               dependant on scheme; typically 3 months

b) 2021-22               dependant on scheme; typically 3 months

c) 2022-23?             dependant on scheme; typically 3 months

10.      What was the average total time taken from technical submission to formal adoption of a S38 agreement in?

a) 2020-21               dependant on scheme size and developer. Usually from 18 months to several years.

b) 2021-22               dependant on scheme size and developer. Usually from 18 months to several years..

c) 2022-23?             dependant on scheme size and developer. Usually from 18 months to several years..

Survey questions

1. What is an appropriate timescale for the submission and final execution of a S38/S278 Agreement?

Target of between 3 months and 6months (depending on size and complexity

2. Do you have target timescales for submission to final execution? If yes, what are they?

Target of between 3 months and 6months (depending on size and complexity

3. What improvements do you think could be made to the overall process from submission to engrossment?

Prevention of developers from starting works before agreements are in place

4. What improvements are you already considering/ have already implemented?

N/A

5. Would you consider using the developer obtained tender value for calculating the bond provision for S278 and S38 agreements? What conditions would you need in place to do/consider doing this?

No. Not on its own

6. Would you consider completion of a legal agreement before confirmation of Land Title Registration?

No

7. What is an appropriate total bond value of a S278/S38 agreement?

Depends on the scheme extents, location, complexity, category of road, etc

8. Would the planning process benefit from a national standard for a) bond provision values, b) inspection fee percentages and c) statutory timescales for approval?

1. No
2. No
3. No