Bond value for s278/s38 from 2020-2023 - financial years
Case reference FOI2024/00325
Published 29 February 2024
Request
All years specified refer to financial years.
Highway Bond Provision
1. What is the total bond value for S278 and S38 agreements for:
a) 2020-21
b) 2021-22
c) 2022-23
2. What is the total number of bonds completed in:
a) 2020-21
b) 2021-22
c) 2022-23
3. What items of adoptable highway infrastructure currently attract commuted sums, and what are the individual costs?
4. What is your inspection fee or percentage applicable relevant to the bond provision for S278 and S38 agreements?
S278 Timescales
5. What was the average time taken from technical submission to technical approval of a S278 agreement in:
a) 2020-21
b) 2021-22
c) 2022-23
6. What was the average time taken from technical approval to the completion of a Section 278 legal engrossment in:
a) 2020-21
b) 2021-22
c) 2022-23
7. What was the average time to grant a Street Works Permit, post execution of Legal Engrossment in:
a) 2020-21
b) 2021-22
c) 2022-23
S38 Timescales
8. What was the average time taken from technical submission to technical approval of a S38 agreement in:
a) 2020-21
b) 2021-22
c) 2022-23
9. What was the average time taken from technical approval to the completion of a Section 38 legal agreement in:
a) 2020-21
b) 2021-22
c) 2022-23
10. What was the average total time taken from technical submission to formal adoption of a S38 agreement in:
a) 2020-21
b) 2021-22
c) 2022-23
Survey questions
1. What is an appropriate timescale for the submission and final execution of a S38/S278 Agreement?
2. Do you have target timescales for submission to final execution? If yes, what are they?
3. What improvements do you think could be made to the overall process from submission to engrossment?
4. What improvements are you already considering/ have already implemented?
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?
6. Would you consider completion of a legal agreement before confirmation of Land Title Registration?
7. What is an appropriate total bond value of a S278/S38 agreement?
8. Would the planning process benefit from a national standard for:
a) bond provision values
b) inspection fee percentages
c) statutory timescales for approval
Response
All years specified refer to financial years.
Highway Bond Provision
1. What is the total bond value for S278 and S38 agreements for:
a) 2020-21
b) 2021-22
c) 2022-23
Please see the attached spreadsheet.
2. What is the total number of bonds completed in:
a) 2020-21
b) 2021-22
c) 2022-23
Please see the attached spreadsheet.
3. What items of adoptable highway infrastructure currently attract commuted sums, and what are the individual costs?
Please see the attached spreadsheet.
4. What is your inspection fee or percentage applicable relevant to the bond provision for S278 and S38 agreements?
7.5%
S278 Timescales
5. What was the average time taken from technical submission to technical approval of a S278 agreement in:
a) 2020-21
b) 2021-22
c) 2022-23
We do not record these dates so are unable to provide this information.
6. What was the average time taken from technical approval to the completion of a Section 278 legal engrossment in:
a) 2020-21
b) 2021-22
c) 2022-23
Please see the attached spreadsheet.
7. What was the average time to grant a Street Works Permit, post execution of Legal Engrossment in:
a) 2020-21
b) 2021-22
c) 2022-23
Street Works Permits are dealt with under the required statutory timescales from the time when a Street Works Permit application is made by the Developer.
S38 Timescales
8. What was the average time taken from technical submission to technical approval of a S38 agreement in:
a) 2020-21
b) 2021-22
c) 2022-23
We do not record these dates so are unable to provide this information.
9. What was the average time taken from technical approval to the completion of a Section 38 legal agreement in:
a) 2020-21
b) 2021-22
c) 2022-23
Please see the attached spreadsheet.
10. What was the average total time taken from technical submission to formal adoption of a S38 agreement in:
a) 2020-21
b) 2021-22
c) 2022-23
We do not record the technical submission dates so are unable to provide this information.
The questions below fall outside the remit of the Freedom of Information Act but to assist we have answered as follows:
Survey questions
1. What is an appropriate timescale for the submission and final execution of a S38/S278 Agreement?
The process is very much dependent on how long it takes for technical information requested by the local authority to be provided by the developer. Also, whether or not the developer can obtain a bond. Land ownership issues can hold the process up as we are waiting for the developer to resolve this. As a result you cannot define an appropriate timescale.
2. Do you have target timescales for submission to final execution? If yes, what are they?
No.
3. What improvements do you think could be made to the overall process from submission to engrossment?
For the developer/their solicitors to be more timely in providing information requested.
4. What improvements are you already considering/ have already implemented?
None.
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.
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?
The cost of construction based on the Local Authority term contract rates.
8. Would the planning process benefit from a national standard for:
a) bond provision values
b) inspection fee percentages
c) statutory timescales for approval
We have no opinion on this.
Documents
This is Herefordshire Council's response to a freedom of information (FOI) or environmental information regulations (EIR) request.
You can browse our other responses or make a new FOI request.