Highway Adoption Implementation Stage Highway Adoption Implementation Stage Steve Johnson Head of Network Management

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 Highway Adoption - Implementation

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 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

DistrictPublicly maintainable [km] Private [km] Broxbourne27936 Dacorum East Herts Hertsmere37466 North Herts St. Albans Stevenage26028 Three Rivers33577 Watford21220 Welwyn and Hatfield TOTAL4,918[km]1,091[km]

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

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

Overview of Implementation Phase 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 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

Overview of Implementation Phase 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 month maintenance starts 13.Stage 3 safety audit carried out – outlined in agreement

Overview of Implementation Phase 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 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 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 nd draft issued rd 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 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

Lilbourne Drive – Easements not secured

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

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

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 funding 48 sites – agreements in place 76 sites – agreement being prepared Approximately 200 roads

Summary of HH Section Agreements DistrictSigned Agreement Agreement in Prep stage TotalNo. of roads affected Broxbournen/a Dacorum42611 East Herts Hertsmere2248 North Herts St. Albans Stevenagen/a Three Rivers14510 Watford36913 Welwyn and Hatfield TOTAL

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

Summary 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 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 - Agency Stevenage –Agreements in maintenance period – 7 –Agreements being progressed - 14

Highway Adoption - Implementation Questions?