S278 / S38 Highways Agreements
Case reference FOI2023/00090
Published 10 February 2023
Request
In accordance with the terms of the Freedom of Information Act 2000, I write with the below requests for information:
Highway Bond Provision
1. What is the total bond value for S278 and S38 agreements for a) 2019-20, b) 2020-21 and c) 2021-22?
2. What is the total number of bonds completed in a) 2019-20, b) 2020-21 and c) 2021-22?
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
1. What was the average time taken from technical submission to technical approval of a S278 agreement in a) 2019-20, b) 2020-21 and c) 2021-22?
2. What was the average time taken from technical approval to the completion of a Section 278 legal engrossment in a) 2019-20, b) 2020-21 and c) 2021-22?
3. What was the average time to grant a Streetworks Permit, post execution of legal engrossment in a) 2019-20, b) 2020-21 and c) 2021-22?
S38 Timescales
1. What was the average time taken from technical submission to a response to the submission of a S38 agreement in a) 2019-20, b) 2020-21 and c) 2021-22?
2. What was the average total time taken from technical submission to formal adoption of a S38 agreement in a) 2019-20, b) 2020-21 and c) 2021-22?
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 and c) statutory timescales for approval?
Response
In accordance with the terms of the Freedom of Information Act 2000, I write with the below requests for information:
Highway Bond Provision
1. What is the total bond value for S278 and S38 agreements for a) 2019-20, b) 2020-21 and c) 2021-22?
A:
a) 2019-20 S38 = £1,629,600 S278 = £1,627,000,
b) 2020-21S38 = £5,326,840 S278 = £707,650 and
c) 2021-22? S38 = £594,500 S278 = £683,000
2. What is the total number of bonds completed in a) 2019-20, b) 2020-21 and c) 2021-22?
A:
a) 2019-20 S38 = 8 S278 = 11,
b) 2020-21S38 = 11 S278 = 10 and
c) 2021-22? S38 = 3 S278 = 7
3. What items of adoptable highway infrastructure currently attract commuted sums, and what are the individual costs?
A: SUDS ponds, Non Std. Paving & Surfacing , Soakaways. Costs vary individually, there is no set figure.
4. What is your inspection fee or percentage applicable relevant to the bond provision for S278 and S38 agreements?
A: 7.5% for both
S278 Timescales
1. What was the average time taken from technical submission to technical approval of a S278 agreement in a) 2019-20, b) 2020-21 and c) 2021-22?
A: This data is not held
2. What was the average time taken from technical approval to the completion of a Section 278 legal engrossment in a) 2019-20, b) 2020-21 and c) 2021-22?
A: This data is not held
3. What was the average time to grant a Streetworks Permit, post execution of legal engrossment in a) 2019-20, b) 2020-21 and c) 2021-22?
S38 Timescales
A: This data is not held
1. What was the average time taken from technical submission to a response to the submission of a S38 agreement in a) 2019-20, b) 2020-21 and c) 2021-22?
A: This data is not held
2. What was the average total time taken from technical submission to formal adoption of a S38 agreement in a) 2019-20, b) 2020-21 and c) 2021-22?
A: This data is not held
Survey questions
1. What is an appropriate timescale for the submission and final execution of a S38/S278 Agreement?
A: This depends on the complexity of the case
2. Do you have target timescales for submission to final execution? If yes, what are they?
A: No
3. What improvements do you think could be made to the overall process from submission to engrossment?
A: The process works OK as it stands currently, subject to staffing pressures
4. What improvements are you already considering/ have already implemented?
A: Increase staffing/training
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?
A: No, we calculate our own bond values
6. Would you consider completion of a legal agreement before confirmation of Land Title Registration?
A: We have in the past, aware this is an issue at present with LR delays.
7. What is an appropriate total bond value of a S278/S38 agreement?
A: Value of works + 10% contingencies
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?
A: Yes
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.