Highway Adoption Implementation Stage Steve Johnson Head of

Highway Adoption Implementation Stage Steve Johnson Head of Network Management www. hertsdirect. org

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 www. hertsdirect. org

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 www. hertsdirect. org

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, 920 km Further 1, 091 km recorded as private road www. hertsdirect. org

District Publicly maintainable [km] 279 Private [km] Dacorum 681 117 East Herts 939 311 Hertsmere 374 66 North Herts 813 187 St. Albans 586 118 Stevenage 260 28 Three Rivers 335 77 Watford 212 20 Welwyn and Hatfield 439 131 4, 918[km] 1, 091[km] Broxbourne TOTAL www. hertsdirect. org 36

Overview of Implementation Phase • 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 www. hertsdirect. org

Overview of Implementation Phase • 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 www. hertsdirect. org

Overview of Implementation Phase • Herts Highways responsible for S 38 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 www. hertsdirect. org

www. hertsdirect. org

www. hertsdirect. org

Overview of Implementation Phase • 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 www. hertsdirect. org

Overview of Implementation Phase • How the process should work 7. Designs approved 8. 9. 10. 11. 12. 13. Legal agreement signed – bond in place Construction – HCC (Agent) supervise Works completed – including any remedial Completion certificate issued – bond reduced 12 month maintenance starts Stage 3 safety audit carried out – outlined in agreement www. hertsdirect. org

Overview of Implementation Phase • How the process should work 14. Sewers adopted 15. 16. 17. 18. 19. Final inspection and remedial carried out Maintenance certificate issued Commuted sums paid by develop Bond released Road becomes maintainable at public expense www. hertsdirect. org

Delays to the process • • • 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 www. hertsdirect. org

Case Studies – Silk Mill Road • • 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 2 nd draft issued 2004 3 rd draft issued 2009 Restructure within Taylor Wimpey – change of staff so little progress Remedial to be completed Current Status – ongoing negotiation www. hertsdirect. org

Case Studies – Lilbourne Drive • 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 21 st January 2010 www. hertsdirect. org

Lilbourne Drive – Easements not secured www. hertsdirect. org

Case Study - The Hedgerows • • 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 • s 278 Agreement had to be modified to include Section 50 clauses • Awaiting clarification and confirmation of SUDS storage tanks suitability. • Current status – scheme still active www. hertsdirect. org

The Brambles - Remedial Current Status – agreement not in place, remedials to be completed, sewer adoption www. hertsdirect. org

Yearling Close – Non standard design Current Status – agreement not in place, drainage issues and remedial works to be completed www. hertsdirect. org

Summary of current agreements • 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 www. hertsdirect. org

Summary of HH Section Agreements District Signed Agreement in Prep stage Total No. of roads affected n/a n/a Dacorum 4 2 6 11 East Herts 7 12 19 34 Hertsmere 2 2 4 8 North Herts 7 14 21 38 St. Albans 10 14 24 34 Stevenage n/a n/a Three Rivers 1 4 5 10 Watford 3 6 9 13 Welwyn and Hatfield 14 22 36 52 TOTAL 48 76 124 200 Broxbourne www. hertsdirect. org

Improvements • • 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 www. hertsdirect. org

Summary • Key issues 1. 2. 3. 4. 5. 6. 7. 8. Follow legislation Need to work with developers to progress Early involvement of Highway Authority Land ownership and easements agreed Designed and constructed to relevant standards – departures agreed with Highway Authority S 38 agreement in place. Utility apparatus adopted by relevant authority (sewers) Number of roads/streets are private www. hertsdirect. org

Section 38 Agreements - Agency • Broxbourne – Roads under construction – 7 – Roads completed but S 38 not signed – 15 – Roads completed S 38 signed and in maintenance period – 11 – Roads completed S 38 signed, maintenance period expired but remedial works – 1 – Total Unadopted roads - 34 www. hertsdirect. org

Section 38 Agreements - Agency • Stevenage – Agreements in maintenance period – 7 – Agreements being progressed - 14 www. hertsdirect. org

Highway Adoption - Implementation Questions? www. hertsdirect. org