Highways in Residential and Commercial · PDF file1.8 Highway Alteration, ... important and...

D e s i g n G u i d e

P a r t T h r e e

Highways in Residential and Commercial Estates

H i g h w a y A d o p t i o n P r o c e e d u r e s

D E V O NC O U N T Y C O U N C I L

E N V I R O N M E N T

PART 3

HIGHWAY ADOPTIONPROCEDURES

CONTENTS

Section

1.1 Introduction

1.2 Purpose and status of the guide

1.3 The planning framework

1.4 Highways eligible for adoption

1.5 Statutory provision for the adoption of streets

1.6 Section 38 Agreements

1.7 Inspection and Adoption without Agreements

1.8 Highway Alteration, Stopping Up and Diversion Agreements

1.9 Technical Approval of Structures

Appendices3A The Person to contact for discussion on Planning Permission or

Section 38 Agreement3B A simplified flow chart showing adoption procedures for a Section

38 Agreement3C Checklist to assist in design 3D Documentation required for Section 38 Agreements3E Section 38 Agreement inspection and adoption procedures3F (Technical Approval of Structures and3G ( and3H ( Design Check Certificates

PA R T TH R E E - HI G H W A Y AD O P T I O N PR O C E D U R E S

PA G E 1 JA N 96

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HI G H W A Y S I N RE S I D E N T I A L A N D CO M M E R C I A L ES T A T E S - DE S I G N GU I D E

PA G E 2

1.1 INTRODUCTION

This Part of the Design Guide describes how a developer can advance hisproposals in order to achieve an adoptable road. (An adoptable road isone which by its function, condition, layout and specification is suitablefor the County Council to adopt and maintain at public expense.) It setsout the purpose and status of this Guide, the planning framework withinwhich proposals are considered, what roads are eligible for adoption, andhow such adoption is achieved.

All developers are strongly advised to complete a Section 38 Agreementfor the adoption of estate roads before work commences on them.

1.2 PURPOSE AND STATUS OF THE GUIDE

1.2.1 This Design Guide is a policy document approved by Devon CountyCouncil. It replaces the previous documents entitled “Residential EstatesDesign Guide - Highways and Footpaths” and “Residential Estates -Specification” published in April, 1989. It details the hierarchy, layoutand specification for highways that would be eligible in principle foradoption and sets out the procedures that should be followed to achievea highway adoption Agreement.

1.2.2 The County Council is the Local Highway Authority for all the publiclymaintained highways in Devon other than motorways and trunk roads,and, as such, is responsible for the adoption of these new highways inDevon. However agency arrangements exist, at present in the districts ofTorbay Borough and Exeter City, for the adoption of roads in their area.

1.2.3 A highway consists of all vehicular and pedestrian thoroughfares that areavailable for public use; it may thus include roads, footpaths, footways,cycleways, alleyways, courtyards, and their related verges, visibility splaysand service margins.

1.2.4 The purpose of the document is to set out the principles andphilosophies to be considered in the design of estate highway layouts andto provide advice on appropriate dimensions. Developers and estatedesigners are encouraged to interpret this advice so as to achieve apleasant environment and to provide safe and adequate pedestrian,vehicle and cycle access to the residential or commercial premises.

1.2.5 The principal pedestrian, cycle and vehicular access routes to residentialand commercial premises should be eligible for adoption to safeguardtheir future maintenance, drainage and lighting. The current legislationas contained in the Highways Act 1980 enables new streets to be adoptedby an Agreement between the developer and the Local HighwayAuthority; this procedure means that the Advance Payments Code doesnot apply. (How this Code is applied is covered in Section 1.7).


PA G E 3

Purpose of the

Guide

JA N 96

Role of the

County Council

Why Estate

Roads Should

Be Adopted

1.2.6 This Guide takes into account the advice from circulars and technicalmemoranda provided by the Departments of Environment andTransport; however, the Departments of Environment and Transportpublication “Design Bulletin 32” (second edition, 1992) is the basis formuch of the advice given for residential roads. The County Council’s ownpublication “Traffic Calming Guidelines” is also used as a source ofadvice.

1.3 THE PLANNING FRAMEWORK

1.3.1 Planning applications for new estate development are determined by theappropriate Local Planning Authority, either the District Councils orDartmoor and Exmoor National Parks. These Planning Authoritiesconsult the County Council as Local Highway Authority, under theprovisions of the General Development Order 1995.

1.3.2 Developers and their agents are encouraged to meet the representativesof the Planning Authority and the Highway Authority to discuss theirproposed estate layout in advance of the submission of a planningapplication. (A chart showing the person to contact is attached asAppendix 3A.)

1.3.3 Determination by the Local Planning Authority of any planningapplication is governed by the Development Plans, namely the CountyStructure Plan and the relevant Local plan. Also, there may well be aDevelopment Brief, which sets out how the development is to beintegrated into the surrounding area.

1.3.4 The Structure Plan is prepared by Devon County Council and is a writtenstatement of broad policy for up to 15 years ahead. It sets out policies andproposals for major land uses that include residential and industrial land,and for highways and their relationship to development.

1.3.5 The Structure Plan also defines the Devon Road Network, which consistsof a Major and Minor Road Network. The Major Road Networkcomprises the National Routes and Primary and Secondary CountyRoutes, while the Minor Road Network comprises Local Distributor,Collector and all other roads. The design of the junctions of residentialroads with existing roads is dependent on a number of factors, includingtheir classification in the Devon Road Network, traffic flows and existingroad width.

1.3.6 The Local Planning Authorities are responsible for preparing Local Plansfor their areas. These Local Plans make detailed proposals for the futurepattern of development by interpreting the general proposals of theStructure Plan. They, like Structure Plans, are statutory documents andare of prime importance in the determination of any planningapplication or appeal.


PA G E 4

Local Plans

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basis of the

Guide

The

Consultation

Process

Pre-application

Discussion

The Plan-led

System

The Structure

Plan

1.3.7 Developers are urged to establish at an early stage from these Plans andother local policies whether there are any constraints on access to the siteor specific requirements for roads, footpaths and cycleways. For instance,developments in Conservation Areas will need special consideration inorder not to prejudice their singular character.

1.3.8 It is recommended that a Design Brief is prepared for residential estateslarger than 50 dwellings and for commercial developments of more than1.2 hectares (3 acres). This Brief may be prepared by the PlanningAuthority, in consultation with the Highway Authority, and whereappropriate with the developer. The preparation of the Design Briefcould include these factors:-• site characteristics and features • connections with existing highways • pedestrian and cyclist desire lines • relationship to off site facilities • penetration by public transport • existing private street APC liability • any proposed highway schemes • any existing new street orders, building lines • access visibility • access and site gradients - i.e. whether a road alignment is feasible • surface water disposal • off site highway works • highway stopping up or diversion orders • general highway characteristics in the locality

(speed restriction zones etc).

1.3.9 Much of the Devon landscape is of exceptional quality; the village sceneand historic townscape in Devon make the County attractive to bothvisitors and residents; Conservation Areas highlight the importance ofcertain town and village areas. Therefore, development shouldcontribute to the quality of the environment rather than detract from it.The design of new housing and commercial estates in suchenvironmentally sensitive areas should respect and complement thecharacter and scale of the landscape or townscape that provides thesetting for the site.

1.3.10 The layout of the street and the use of materials in constructing it are animportant and integral element of design, and are just as significant aschoice of materials in the buildings or their elevation in detail incontributing to the sense of local distinctiveness.

1.3.11 As soon as the Local Planning Authority has granted full planningpermission and approved all the reserved matters regarding an estateroad layout, it is recommended that the developer makes an applicationto the County Council or Agent Authority for a Section 38 Agreement sothat the estate roads and footpaths will be adopted. (The details of theprospective highways that are agreed with the Local Planning Authorityand Local Highway Authority should be consistent with those necessaryfor the Section 38 Agreement. Therefore, Section 38 Agreementdiscussions should commence at this stage). A simplified flow chart


PA G E 5 JA N 96

Design Brief

Conserving the

Environment

Section 38

Agreement

showing the adoption procedure is shown in Appendix 3B; it should benoted that there are several steps after the granting of any necessaryplanning permission.

1.4 HIGHWAYS ELIGIBLE FOR ADOPTION

Engineer refers to the County Environment Director or his representative.

Carriageways are parts of the highway which are intended for use by vehicles.

Footways are parts of the estate highways which are intended for use bypedestrians and which generally are parallel with the carriagewayand only separated by a kerb or verge.

Footpaths are pedestrian routes which are located away from carriageways.

Verges are grassed or ground cover planted parts of the highway that are provided for highway visibility, vehicle overhang and statutory undertakers’ mains and apparatus routes.

Cycleways are routes particularly identified for cycles and may be part of a carriageway, adjacent to a footway or footpath, or otherwiseseparate.

1.4.1 The roads and footways that are eligible for adoption are those that(i) serve more than a single commercial property, or more than three

individual dwellings (ii) provide a principal means of access for pedestrians, vehicles and

cycles (iii) are laid out in accordance with the principles of this Design Guide,

and(iv) conform to the then current construction specification of the

County Council.

At the detailed planning approval stage those areas that could beadopted should be identified and agreed with the Engineer.

1.4.2 The Highway Authority will expect all visibility areas to be offered foradoption. Other verges and planted areas are eligible for adoption if:(a) the verges are adjacent to Local Distributor Roads(b) the verges are adjacent to Residential Access Roads or Ways and

which are provided in the place of footways as a vehicle overhangmargin or to accommodate the statutory undertakers’ mains andapparatus and other services

(c) landscaped areas are within the highway envelope, e.g. at trafficcalming features

(d) landscaped areas are slightly in excess of what is required forvisibility etc., in order to achieve a more satisfactory layout.

Small areas of privately maintained ground sandwiched between publiclymaintained areas are unacceptable.


PA G E 6

Verges and

Landscaped

Areas

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Definitions in

This Guide

Roads and

Footways that

are Eligible for

Adoption

1.4.3 An agreed commuted sum for maintenance may be required for any softlandscaping within the adopted highway, following which the CountyCouncil will make arrangements for the long-term maintenance of anylandscaped areas.

1.4.4 Footpaths and cycleways will be adopted if they are the primary means ofaccess to a group of three or more dwellings or a number of commercialunits or if they provide desirable and/or essential links within the estates.

1.4.5 Normally, car parking areas outside the highway envelope, specificallyallocated to individual dwellings or to which access is gained separatelyfrom the carriageway (e.g. garage courts), will not be adopted.Furthermore, communal areas of parking, for instance in HousingCourts, are to be outside the highway envelope and will not be adopted.

1.4.6 Structures - i.e. embankments and retaining walls - that support thehighway, whether it be carriageway, footpath, footway or verge, may beadopted by the County Council.

1.4.7 Structures that support land above the highway will not be adopted;however, calculations and details of these will normally be required toensure that there is no possibility of an adverse effect on the highway (seeSection 1.9).They will also be subject to inspection, and therefore theestimate of the construction cost of the wall will be included in thecalculation of the inspection fee. To insure against the developer beingin default of the Agreement and the Highway Authority having tocomplete the works including the construction of retaining walls above orbelow the carriageway, the estimated cost of these retaining walls will beincluded in the Bond calculated by the Engineer.

1.4.8 Lighting of streets and footpaths will be adopted.

1.4.9 Street names and numbering are the responsibility of the DistrictCouncil. Details should be agreed with the District Council, andgenerally the developer should provide street nameplates in accordancewith that Authority’s specification.

1.4.10 Any scheme for the provision of new highways outside a residential orcommercial estate, or the alteration of existing highways, is to be subjectto a Highway Safety Audit, both during the design process and when theworks are completed.

1.4.11 The Highway Authority will normally be responsible only for those drainscarrying surface water from the highway. If roof water or water from anyother source is introduced, the drain will then become a surface watersewer to be adopted and maintained by South West Water or its Agents.In such circumstances the developer must enter into a separateagreement with South West Water for its adoption. Only the gullies andtheir connections will be adopted by the Highway Authority where asurface water sewer carries anything other than highway water. (TheCouncil will complete a Section 38 Agreement only when a Section 104 ofthe Water Industry Act 1991 or similar agreement has already been madewith the Water Authority). Furthermore, outfalls require the consent ofthe National Rivers Authority and South West Water, for which a fee maybe payable.


PA G E 7 JA N 96

Footpaths and

Cycleways

Parking Areas

Embankments

and Retaining

Walls

Lighting

Street Naming

and Numbering

Highway Safety

Audits

Drainage

JA N 96

1.4.12 Before the new highway is adopted by the County Council all servicepipes or cables etc. must be approved and adopted by the appropriatestatutory authority. Developers may be required to provide writtenevidence of acceptance by these authorities before the works can beapproved before the commencement of the maintenance period.

1.5 STATUTORY PROVISION FOR

THE ADOPTION OF STREETS

1.5.1 The Highways Act 1980 requires that a Highway Authority should protectthe owners of residential and commercial premises from the ultimateliability of private street works charges; the two provisions within the Actthat are relevant are:(a) the Advance Payments Code under Sections 219 - 225 (b) a Highway Adoption Agreement under Section 38.

1.5.2 The Advance Payments Code (APC) of the Highways Act 1980 has beenadopted by the County Council as Highway Authority. Consequently,once building regulation approval is obtained and building workscommence, a developer is obliged to deposit or secure to the satisfactionof the County Council a sum of money representing the estimated futureliability for street works charges within the proposed development. Aschedule of exemptions is detailed in Section 219 of the Act; one of theexemptions is the completion of a Section 38 Agreement for the ultimateadoption of the street.

1.5.3 A Section 38 Agreement is a voluntary Agreement between the HighwayAuthority and the owner of the street for its ultimate adoption, and is thenormal method of ensuring that works are carried out to an adoptablestandard. The County Council has adopted the Model Agreementproduced by the Association of Metropolitan Authorities in 1988 onbehalf of the Local Authority Associations and the House BuildersFederation.

ALL DEVELOPERS ARE STRONGLY ADVISED TO COMPLETE ASECTION 38 AGREEMENT FOR THE ADOPTION OF NEW STREETSBEFORE ANY WORK COMMENCES ON THEM.


PA G E 8

Statutory

Undertakers

and Other

Services

The Highways

Act 1980

The Advanced

Payments Code

The Highway

Adoption

Agreement

1.6 SECTION 38 AGREEMENTS

(DETAILED REQUIREMENTS)

1.6.1 A Bond to cover the cost of the works necessary to achieve an adoptedhighway and the associated administration costs for each Section 38Agreement, as estimated by the Engineer, must be provided by a memberof the British Insurance Association or one of the Joint Stock ClearingBanks. The purpose of the Bond is to ensure that the Highway Authoritycan complete the highway works if the developer defaults for any reason.

1.6.2 An Inspection Fee is also payable, currently 6% of the Engineer’sestimate of the cost of the works. (See also Appendix 3D, paragraph 2.3).

1.6.3 Developers proposing to enter into a Section 38 Agreement should makeearly contact with the appropriate area office of the Highway Authorityfor the following reasons:(a) early discussion with the Highway Authority can avoid unnecessary

and abortive design work (b) if the developer has begun work on site and a Section 38

Agreement is still being pursued but has not been completed, thenthe APC deposit must be paid in the interim period; (APC depositswill be repaid to developers upon the signing of a Section 38Agreement); the Highway Authority will not discuss Section 38matters unless and until such APC sums have been deposited

(c) early completion of the Section 38 Agreement will avoid difficultywith the eventual adoption of the works due to absence ofinspection (see para. 1.7.4).

1.6.4 In advance of the initial discussion with the Highway Authority, thedeveloper may well wish to consider the Design Brief for thedevelopment, and those factors outlined in section 1.3 for smaller sitesand those not having a design brief.

1.6.5 There are some useful Appendices at the end of this Part of the DesignGuide, as follows:-Appendix 3C: A check list that may prove helpful in ensuring a layout

includes sufficient detailAppendix 3D: Information on documentation required for a Section 38

AgreementAppendix 3E: Information on procedures for inspection and adoption

of the works

1.6.6 Commuted sums for the future maintenance of landscaping may berequired by the Highway Authority, as outlined in paragraph 1.4.3.


PA G E 9

The Bond

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The Inspection

Fee

Why

Discussions

with the

Highway

Authority are

Essential

Appendices

Commuted

Sums

1.7 CONSTRUCTION OF NEW STREETS

WITHOUT A SECTION 38 AGREEMENT.

1.7.1 If a developer constructs a private street, that is, a street not maintainableat public expense, the Advance Payments Code contained in theHighways Act 1980 applies (clauses 219 to 225). This Code protectsfuture frontagers of any street constructed by a developer that is notmaintainable at public expense. Firstly, it requires that before newbuildings are erected in private streets (i.e. a road or street notmaintainable at public expense) the sum likely to be needed for streetworks shall be paid to the local authority, or security given for it.Secondly, it provides that when development has reached a certain stagefrontagers are able to require the carrying out of street works and theadoption of the street.

1.7.2 Therefore, where a development involves the construction of new estateroads it is common for developers to enter into a Section 38 Agreementwith the Highway Authority under which the developer constructs thestreet to the satisfaction of the authority. Where such an agreement isentered into the Advance Payments Code has no application.

1.7.3 However, if the developer is unable or unwilling to enter into a Section38 Agreement, the provisions of the Advance Payments Code will be fullyapplied, thus normally requiring the payment of a deposit to the CountyCouncil representing the liability estimated by the Engineer for streetworks charges on each property in the development.

1.7.4 As a consequence, the new roads will not be inspected by the Engineerduring the construction period; if subsequently the developer decidesthat he wishes the new roads to be adopted, he must then enter into aSection 38 Agreement, with agreed drawings, and he will be required toi) prove the quality of the works to the satisfaction of the Engineer; (in

order to do this, it will normally be necessary to complete a series ofinspections, boreholes, drainage tests and camera survey as requiredby the Engineer, at the developer’s cost)

ii) the developer will then be required to undertake any necessaryremedial or reconstruction works.

Only after this can the maintenance period commence (the minimumlength of which would be twelve months).

1.7.5 Even under the above circumstances where the new street or road is notoffered for adoption, it will still be necessary for a developer to agreewith the Engineer the works required to the existing highway in order tocomplete the connection to the existing road network and mains services.The developer is not permitted to proceed with any works within, or thataffect the highway, until these verge crossings and road openingprocedures have been completed, together with any necessary notices tothe Statutory Undertakers.


PA G E 10JA N 96

Advanced

Payments Code

1.8 HIGHWAY ALTERATION, STOPPING UP

AND DIVERSION AGREEMENTS

1.8.1 Off-site highway works may be necessary to achieve a satisfactorydevelopment e.g. alterations to an existing road, or the resurfacing ofadjacent roads or footpaths. Contributions may be required for off-siteworks where damage may be caused to the existing highway network as aresult of construction traffic. In such cases a separate legal agreementwith Devon County Council as Local Highway Authority is requiredbefore any of these works commence, as it is an offence to carry outworks in a public highway without legal authority.

1.8.2 If the development involves the diversion or stopping up of an existingpublic highway, footpath, bridleway or County Road, then an Orderunder the Town and Country Planning Act 1990 has to be obtained fromthe Department of Transport before the part of the development that isdependent upon the diversion or stopping up of the existing highway iscommenced.

1.8.3 The Agreements for the highway works will normally provide consent foropening of the existing highways or crossings within a verge or footway.Reinstatements are to be carried out in accordance with the proceduresoutlined in the New Roads and Street Works Act 1991.

1.8.4 Private sewers or drains in the proposed or existing highway may wellrequire a licence.

1.8.5 On certain identified traffic sensitive routes, (normally the principaltraffic routes), there are embargo periods when works that affect thehighway will not be permitted. Details of the these periods and theaffected routes can be obtained from the Area Offices or County Hall.


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Off-site

Highway Works

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Diversion,

Stopping Up

etc. of

Highways

Road Opening

and Verge /

Footway

Crossings

Restrictions on

Works on the

Highway

1.9 TECHNICAL APPROVAL OF STRUCTURES

1.9.1 This section sets out the procedural requirements for the technicalapproval of structures that affect, or may affect, an existing or futurepublic highway in a development to which Section 38 of The HighwaysAct 1980 applies; its principles are also relevant to developments underSections 176-180 of the above Act and Section 106 of the Town &Country Planning Act 1990.

1.9.2 In general this procedure applies to bridges and culverts greater than0.75m span, retaining walls supporting the highway with a retainedheight greater than 0.75m and walls supporting land above the highwaywith a retained height greater than 1.0m. The purpose is to ensure thatall structures with possible public highway implications are safe, durable,and in the case of structures proposed for adoption, designed forminimum maintenance.

1.9.3 The County Council as Technical Approval Authority (TAA) will notcarry out detailed checks of the calculations nor their accuratetranslation into contract drawings although generally such calculationsand drawings shall be submitted. The responsibility rests with theDeveloper’s designer to ensure and certify that reasonable professionalskill and care has been used in the preparation of the scheme. A samplepro forma of the certificate is contained in Appendix 3G. At least onesignatory shall be a chartered civil or structural engineer.

1.9.4 This procedure is specific to structural design and is in addition to themore general requirements, approvals, agreements and certificationrequired under planning and development legislation.

1.9.5 The remainder of this section describes how a developer can achieve asatisfactory structure associated with a Section 38 Agreement. (For othersituations or agreements, and in more complex cases, it is important toconsult the TAA at an early stage. Furthermore, retaining walls submittedunder Section 167 of the Highways Act are approved by a differentprocedure and administered by the appropriate District Council.)

1.9.6 All structures with potential highway implications (both new and existingstructures) require technical approval. The procedures relate to design,construction, assessment, alteration, strengthening, and repair. The typesof structures include bridges, tunnels, subways, culverts, retaining walls,reinforced earth structures, gantries, pipe bridges, buried corrugatedsteel structures and temporary structures; however, this list is notexhaustive and, if in doubt, the TAA should be consulted to determineapplicability. The specific criteria are detailed in the flow chart shown inAppendix 3F.

1.9.7 The majority of structures associated with Section 38 applications will berelatively small and generally be within Category 0 or 1 (see below).Larger and more complex structures are subject to a more rigorouschecking and certification procedure and the requirements should bediscussed with the TAA.


PA G E 12JA N 96

Scope

Summary

1.9.8 All highway structures shall be classified into one of the followingcategories in order to establish the need for Approval in Principle andthe type of independent check. The following guidelines are not rigidboundaries and each case shall be decided on its merits having regard toits complexity and the consequences of failure:-

Category 0

Minor structures which conform in all respects to current Standards andCodes of Practice. For example:-(i) single span of under 10m and statically determinate.(ii) buried structures less than 3m cumulative span/diameter.(iii) multi-cell buried structures of cumulative span less than 5m, having

more than 1m cover.(iv) Assessments for single span simply supported structures under 10m

and masonry arches under 6.5m span. (v) retaining walls with a retained height of less than 3m.

Category 1

Simple structures that can be analysed by statical methods and where allaspects of the design are in accordance with current Standards and Codesof Practice. For example:-(i) simply supported spans less than 20m and less than 25 skew.(ii) buried concrete box type structures with less than 7.5m span.(iii) retaining walls with a retained height of less than 7m.

Category 2

Intermediate structures which have redundant features and may containdepartures from Standards i.e. all those not within the parameters ofcategories 0, 1 and 3.

Category 3

Complex structures which require sophisticated analysis with any one ofthe following features:-(i) high redundancy.(ii) unconventional design aspects.(iii) spans exceeding 50m, skew exceeding 45.(iv) difficult foundation problems.

1.9.9 Any doubts regarding the appropriate structure category should bereferred to the TAA. Informal discussion with the TAA, especially in thecase of Category 1 structures which need Approval in Principle, in orderto agree design parameters and standards may prevent abortive designwork.

1.9.10 Categories 0 and 1 will require a check by another engineer within thedesign team. This includes assessments, designs and contract drawingstogether with bar bending schedules. Although the form and detail of thecheck to be carried out by the checking team is for the checker to decide,


PA G E 13 JA N 96

Structural

Category

Design/

Assessment/

Checking

his analytical work shall be independent of that of the designer andcarried out without reference to the designer’s calculations. Calculationsheets shall not be given by the designer to the checker. The checkershall be responsible for the applicability and accuracy of all computerprograms used and also ensure the validity of the program for eachapplication.

1.9.11 For all structures intended for adoption, two copies of the drawings andone copy of the calculations, together with a location plan, shall besubmitted for comment. When the details are agreed the designer shallsubmit the appropriate design/check certificate(s) completed withoriginal signatures. Structures not intended for adoption require only alocation plan and the design/check certificate(s). A copy of the endorsedcertificate will be returned to the Designer. A sample pro forma is givenin Appendix 3G. Consulting engineers may already possess their own ‘in-house’ version of this form and this may be used as long as all theinformation required by the pro forma is included.

1.9.12 Where structures are to be adopted by the Highway Authority a completeset of ‘as constructed’ drawings, indexed calculations, reinforcementschedules and such other information requested shall be supplied to theTAA. Where a maintenance manual is specifically requested by the TAA itshall comply with the Appendix 3H.

1.9.13 Any structure proposed for adoption will be adopted at the same time asthe road it supports, crosses or abuts, subject to satisfactory completion ofthe TA procedure. Adoption may be delayed if the required ‘asconstructed’ details are not supplied.


PA G E 14

‘As constructed’

details

JA N 96

Effective date

of adoption

Certification

APPENDICES


PA G E 15 JA N 96


PA G E 16JA N 96

Area in which Local Planning Authority Highway Authorityproposal lies (District Council or National Park) (or its Agent)

Exeter Director of Planning and Property Director of Technical ServicesExeter City Council Exeter City CouncilCivic Centre tel Exeter Civic Centre tel ExeterExeter EX1 1NN (01392) 77888 Exeter EX1 1JN (01392) 77888

Torbay Borough Planning Officer Borough EngineerBorough of Torbay Borough of TorbayTown Hall tel Torquay Town Hall tel TorquayTorquay TQ1 3DR (01803) 296244 Torquay TQ1 3DR (01803) 296244

Teignbridge Director of Planning and DevelopmentTeignbridge District CouncilForde HouseNewton Abbot tel Newton AbbotTQ12 4XX (01626) 61101(except Dartmoor National Park area)

East Devon Chief Engineer and Planning OfficerEast Devon District CouncilCouncil Offices, KnowleSidmouth tel SidmouthEX10 8HL (01395) 516551

Mid Devon Director of Planning with Technical ServicesMid Devon District CouncilAilsa House, Tidcombe LaneTiverton tel TivertonEX16 4DZ (01884) 255255(except Dartmoor National Park area)

Dartmoor National Park OfficerNational Park Dartmoor National Park See appropriate Area

Parke Development Bovey Tracey tel Bovey Tracey Control OfficerTQ13 9JQ (01626) 832093

South Hams Director of Planning and HousingSouth Hams District CouncilFollaton House, Plymouth RoadTotnes tel TotnesTQ9 5NE (01803) 864499(except Dartmoor National Park area)

West Devon Borough Planning OfficerBorough of West DevonOaklands DriveOkehampton tel OkehamptonEX20 1LH (01837) 52901(except Dartmoor National Park area)

Plymouth City Planning OfficerPlymouth City CouncilCivic Centre tel PlymouthPlymouth PL1 2EW (01752) 668000

Torridge Director of Planning and Technical ServicesTorridge District CouncilRiverbank House tel BidefordBideford EX39 2QG (01237) 476711

North Devon Director of PlanningNorth Devon District CouncilCivic Centre tel BarnstapleBarnstaple EX31 1EA (01271) 327711(except Exmoor National Park area)

Exmoor National Park OfficerNational Park Exmoor National Park

Exmoor HouseDulverton tel DulvertonSomerset TA22 9HZ (01398) 23666

Alan MitchardArea Development Control Officer(East/South/Torbay)Devon County CouncilCivic CentreExeter tel ExeterEX1 1JR (01392) 383816

John HallidayArea Development Control Officer(South West)Devon County CouncilTreverbyn, Plymbridge RoadPlympton tel PlymouthPlymouth PL7 4LE (01752) 385244

John MansonArea Development Control Officer(North)Devon County CouncilCivic CentreBarnstaple tel BarnstapleEX31 1ED (01271) 388502

Appendix 3A

THE PERSON TO CONTACT FOR DISCUSSION ON PLANNING

PERMISSION OR SECTION 38 AGREEMENT.

JA N 96


PA G E 17

N

SOUTHHAMS D.C.

TEIGNBRIDGE D.C.

EAST DEVON D.C.

MID DEVON D.C.

NORTH DEVON D.C.

TORRIDGE D.C.

WESTDEVON B.C.

PLYMOUTH C.C. TORBAY B.C.

DARTMOORNATIONAL

PARK

EXMOORNATIONAL

PARK

EXETER C.C.

LOCAL PLANNING AUTHORITIES IN DEVON

JA N 96


PA G E 18

Appendix 3B

SIMPLIFIED FLOW CHART TO SHOW

HOW A ROAD CAN BE ADOPTED

BY AGREEMENT UNDER SECTION 38 OF THE HIGHWAYS ACT 1980

There are FIVE MAIN STEPS (the paragraphs referred to are from Part 3 of the Design Guide)in entering anAgreementas listed below:

Step Activity

1 see para 1.6.3 Discuss proposal with the Local Planning Authoritytogether with the County Council

2 see section 1.3 Submit Planning Application to appropriate Local PlanningAuthority

Following the granting of Detailed Planning Permission there may befurther consultation on minor details with Local Planning Authority

3 see Appendix Submit Section 38 application to Highway Authority3D para 1.1 for comment

4 see Appendix Amend above as necessary after receiving comments, and3D para 1.1 re-submit with two extra copies

5 see Appendix Enter into Section 38 Agreement with Highway Authority,3D section 2 including the payment of legal costs and Inspection Fee

SEVERE DIFFICULTIES CAN OCCUR IF WORKS COMMENCE IN ADVANCE OFCOMPLETING A SECTION 38 AGREEMENT

This chart will assist in preparing the necessary details and to discuss the proposals with the rightpeople.

You are urged to seriously consider entering aSection 38 Agreement with the County Council.

A Section 38 Agreement is the normal method of ensuring that estate roads are built to an adoptable standard,

in order to protect new home owners from the ultimate liability for private street works charges.

There are great advantages for both the Developer and the County Council as Highway Authority if they enter

into a Section 38 Agreement together. The benefit to the County Council is that the process can proceed to

adoption with certainty.

The advantage to the developer is that, in the absence of such an Agreement, he is obliged to deposit, or to

secure to the satisfaction of the County Council, a sum representing the relevant costs of constructing the road,

footway and any other associated works in connection with the proposed development (see paragraph 1.5.2)

What Happens During the Construction and Maintenance of the Works:• Once an Agreement is in force, the Developer should make arrangements with the County Council or its

Agent to inspect the works.

(Normally, no inspections will be undertaken before an Agreement takes effect.)

• After the satisfactory completion of works, the Maintenance Period will commence.

• At the end of the Maintenance Period (usually 12 months), when all the defective items have been

corrected, the County Council will adopt the roads.

• The Developer’s obligations to the Highway Authority are now complete.

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SUPPORTING INFORMATION

OFF STREET FACILITIES

Appendix 3C

CHECK-LIST FOR DETAILED DESIGN

This list is intended to enable developers to check that all aspects of the design have beenincluded and/or are adequate for submission to the Highway Authority

In Plan In Section

Width Vertical Alignment

AligCrossfall / Camber

Junction Layout Construction

Junction Radius Kerb Detail

Junction Visibility Ramp Detail

Forward Visibility Speed Restriction Detail

Speed Restrictions - spacing

S

Gullies

FOOTWAYS

In Plan In Section

Width Gradient

Alignment Crossfall

Pedestrian Crossings Construction

Pedestrian Barriers Edging

Vehicle Crossings Vehicle Crossing Construction

Service Routes Pedestrian Barrier Detail

MAINTENANCE/SERVICE MARGINS

In Plan In Section

Width Gradient

Pedestrian Crossings Crossfall

Vehicle Crossings Construction

Service Routes Edging

Boundary Demarcation Vehicle Crossing Construction

Pedestrian Barrier Detail

DRAINAGE

In Plan In Section

SW Outfall SW Manholes

SW Route SW Outfall

SW Manholes SW Pipe Specification

Gully Connections FW Manhole

FW Route Trench Bedding/Backfill

FW Manholes Depth of Cover

In Plan In Section

Proximity of Parking Spaces Drive Construction

Alignment Parking Space Gradient

Garage Set-Back Parking Space Construction

Drainage Drainage Details

Vehicle Turning

Access Pedestrian Visibility

Access Vehicle Visibility

Drainage Calculations

C B R Report

Drainage

Vehicle Curve Calculations

Drainage Outfall Consent - wayleave from landowner

Drainage Outfall Consent - from NRA

HIGHWAY BOUNDARY

In Plan In Section

Retaining Walls Cutting Slopes

Boundary Fence/Wall Embankment Slopes

Embankments Retaining Walls

Cuttings Wall/Fence/Bank Details

Highway Overhang

VISIBILITY SPLAYS

In Section

Height

Means of Retention (rear of splay)

In Plan In Section

Width Gradient

Alignment Crossfall

Route Construction

Vehicle Crossings Edging

Motorcycle Barriers Vehicle Crossing Construction

Bollards Barrier Detail

Service Routes Bollard Detail

Gullies Cutting Slope

Embankment Slope

Retaining Wall

NOTE: This list is not necessarily comprehensive,and developers should ensure for themselves thatALL requirements of the Design Guide are met.

CARRIAGEWAY FOOTPATH

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PA G E 20

Appendix 3D

DOCUMENTATION REQUIRED

FOR SECTION 38 AGREEMENTS

1. Preliminar y Submission

1.1 To avoid abortive work the developer is advised to submit, informally in the first place, 3 setsof the plans and associated engineering details. These will be returned with a list of anydetails of recommended modifications. When all material matters have been agreed, thestreet lighting requirements of the Engineer will be forwarded to the developer.

1.2 Well before the required Agreement date, details of and calculations for all structuresshould be submitted. The developer is solely responsible for the accuracy of the submittedcalculations, as more fully detailed in Section 1.9.

2. The Final Submission

2.1 Plans, Drawings and Calculations

The final submission for a Section 38 Agreement should include:-

(i) 9 copies of the 1/200 or 1/500 scale plans (as appropriate to the size of scheme and detail tobe shown), and sections showing complete details of the estate road layouts. These are to bebased on an accurate site survey, including highway drains, and foul and surface watersewers.

The plans should indicate:-a) the hard surfaced area to be adopted by the Highway Authority coloured pale brown

where constructed in concrete block paving, coloured grey where constructed ofbituminous materials, and verges and landscaping areas that the Highway Authorityhave agreed to adopt coloured green

b) the boundary of the land owned by the developer and the subject of the Agreementedged in red

c) the proposed highway drainage including any off site drainage to be adopted, colouredblue

d) the manner in which surface water is disposed of off site; this should include line andlevels of a sewer subject to a Section 104 or similar Agreement the developer has madewith South West Water or its agents

e) the agreed position of street lighting columns, indicated by a red circle f) the proposed line of statutory undertakers’ apparatus g) the horizontal alignment of the road including curve radii, road width, setting out

details i.e.. radius centres, tangent points etc.

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PA G E 21

(ii) 5 copies of drawings showing the engineering details:-a) a longitudinal section on the centre line of each road showing existing ground levels and

proposed centre line and channel levels at a maximum of 20m intervals related whereverpossible to Ordnance Datum or otherwise to an identified datum; the section should alsoshow distance in figures from the point of origin, gradients of the proposed road, lengthand radius of vertical curves and invert levels of manholes; proposed pipe sizes andgradients between manholes. Suitable scales are 1/500 horizontal and 1/100 vertical

b) cross-sections should be provided where necessary at appropriate intervals to a naturalscale of 1/100 showing existing and proposed levels; these should show crossfalls ofcarriageways and footways and cutting and embankment levels and slopes, together withany retaining walls adjacent to the proposed highway; whether or not they are part of theadopted highway; kerb and pavement construction details should be shown on a typicalcross-section

iii) Structural, drainage, and road curve calculations should also be submitted.

2.2 Other Information Required

(a) Name and registered address of developer.(b) Name and address of bondsman, who should be either a member of the British

Insurance Association or one of the Joint Stock Clearing Banks.(c) Name and address of solicitor.(d) Proposed phasing of development.(e) The proposed date of commencement of work.(f) The target date for the first residential occupation.(g) The target date for the completion of works.(h) Details of any easements for off-site drainage works with evidence of permission to

discharge.

2.3 Following receipt of the completed details the Engineer will provide his estimate of the costof the works (based on recently submitted tender prices) which will be the Bond figurerequired for the Agreement. The Inspection Fee will also be calculated, based on theEngineer’s estimate of the cost of the works (currently 6% of the estimate) and an Invoicefor this amount will be supplied to the developer and/or his agent. Site inspections cannotnormally start until the Agreement has been signed and bonded, and the Inspection Feepaid.

Appendix 3E

SITE INSPECTION OF WORKS

FOR SECTION 38 AGREEMENTS

1. Developers are required to notify the Highway Authority of the commencement of any workon the proposed roads and footpaths so that inspection can be arranged. In addition,before any works within the existing highway are undertaken, approval must be obtainedfrom the Engineer, and notice given to any affected statutory undertaker.

Developers should note that work undertaken without a Section 38 Agreement will not beinspected and will NOT be adopted until all the works have been proven at the developer’sexpense. Such works may also be subject to an extended maintenance period, together witha security bond and seperate inspection fee.

2. The developer shall afford the Engineer’s representative all facilities necessary for theinspection of each of the stages of construction as set out in the Section 38 Agreement.

3. The works at each stage will be inspected by the Engineer provided that adequate notice isgiven in accordance with the Agreement and any supplementary advice given to thedeveloper (normally 2 working days)

4. Should any revisions to the Agreement drawings be requested by the developer, theseshould always be referred to the relevant Area Development Control Officer, whose addressis shown in Appendix 3A.

5. The developer will be required, on satisfactory completion, to maintain all works submittedfor adoption for a period of at least twelve months (the Maintenance Period). Subject to hiscarrying out any remedial works during and at the end of the maintenance period, to thesatisfaction of the Engineer, the street will become a highway maintainable at publicexpense. Responsibility for street lighting will be assumed by the County Council onsatisfactory completion of the Works.

6. Before the Works are finally adopted as a publicly maintained highway, the developer mustprovide written evidence that any sewer that is laid within the highway has been adopted bythe Drainage Authority. Similar evidence will also be required for any other StatutoryUndertakers, plant, pipes, cables and equipment.

7. The Highway Authority’s Section 38 Agreement is based on the Model Agreement producedby the Association of Metropolitan Authorities and the House Builders Federation. A copyof this Agreement is available on request.


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PA G E 23 JA N 96

Bridges and culverts greaterthan 0.75m span or

internal diameter require Technical Approval

Walls supporting thehighway with a

retained height greaterthan 0.75m requireTechnical Approval

Walls supporting land above the highway with a retained height

greater than 1.0m and closer to the highway than 1.5 times themaximum wall height require

Technical Approval

Yes

No

Yes

No

Consult TAA if in doubtof structure category

(see para 1.9.8)

When details agreed byTAA submit design &

check certificate

On receipt of endorsedcertificate site works

can commence

Submit drawings andcalculations for comment

On completion of works provide 'as built' details

Submit GA and design &check certificate

TA procedure complete

On receipt of endorsedcertificate site works

can commence

Discuss requirementsfor 'Approval in

Principle' with TAA

When approvedprepare detailed design

Is it intended that thestructure be adopted by the Highway Authority?

Category 0 ?

Appendix 3F

TECHNICAL APPROVAL PROCEDURE

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Appendix 3G

DESIGN & CHECK CERTIFICATECERTIFICATE A(Form of Certificate to be used by the Design Office for Structures in Category 0 or 1)

1. We certify that reasonable professional skill and care has been used in the preparation of the design of:

.......................................................................................................................................(name of structure(s))with a view to securing that:

i. It has been designed in accordance with the following standards:(list standards)

ii. It has been checked for compliance with the relevant Standards in i.

iii. It has been accurately translated into Contract Drawings and Bar Bending Schedules all of whichhave been checked. The unique numbers of these Drawings and Schedules are:(list documents)

Signed................................................................................DESIGN TEAM LEADER

Name .................................................................................

Professionalqualifications .....................................................................

Signed................................................................................PARTNER/DIRECTOR or his Nominee

Name: ................................................................................

Professionalqualifications .....................................................................

Date: ..................................................................................

Name and address of Consulting Engineers:

...........................................................................................

...........................................................................................

2. The certificate is accepted by the Technical Approval Authority

Signed................................................................................

Name: ................................................................................TAA DEVON COUNTY COUNCIL

Date: ..................................................................................

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Appendix 3H

MAINTENANCE MANUALS AND SCHEDULES -

RECOMMENDED CONTENTS

1. INTRODUCTION

1.1. For each structure or for a group of minor structures of similar design (e.g.culverts, sign gantries) where required by the TAA, the Designer shall preparean individual Manual of Information from the design and construction phaseswhich could have possible implications for the future maintenance. This willbe complementary to the ‘as-constructed’ drawings.

2. CONTENTS

2.1 Details of specification used in construction.

2.2. The Designer shall produce an outline description of the Works, with a stripmap showing the location of the various highway structures.

2.3 The following items should be considered for inclusion as appropriate. Thelists are not exhaustive, and designers should consider adding other itemswhich could be of value. The lists should give the name and address of thesupplier, sub-contractors, and where appropriate, the source.For concrete, the list should include:-cement; GGBFS; PFA; aggregates; ready mixed concrete; admixtures; mixproportions; reinforcing bars; prestressing wire; strand or bar.For steel, the list should include:-plate; rolled sections; prefabricated steelwork; etc.Sources of imported fill should be included.

2.4 This list should give the name of the manufacturer/supplier/sub-contractor;the part number and manufacturer’s drawing number if not given on the “as-constructed” drawings. Items should include: expansion joints; bearings;parapets; waterproofing systems; precast units; reinforced earth components;brick; precast; or masonry facings; lighting system; and moving bridgeequipment. Any makers’ recommendations for inspection and maintenanceshould be included.

2.5 Certification and Test Records should be grouped in Appendices or folders,and should include mill certificates, cement analyses, cube test results,equivalent sodium oxide and chloride ion content in the mix.

2.6 Details of all corrosion protection treatments; metal coatings, surfacepreparation, paint systems - including supplier, type of paint and wet and dryfilm thickness, date of protection and where applied.

2.7 A short report, supplemented with instrument readings, sketches orphotographs as appropriate, of problems encountered and solutions adoptedduring construction which could have repercussions on future maintenanceshould be included.

2.8 Details, including drawings of access to the site, walkways, ladders, manholesetc. and of security measures to prevent unauthorised access, should beincluded.

Specification

Strip Map

Materials

Components

Certification and

Test Records.

Paint

Problems During

Construction

Access and

Security

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