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SCHEDULES

SCHEDULE 8PROTECTIVE PROVISIONS

PART 6FOR THE PROTECTION OF LOCAL HIGHWAY AUTHORITIES

Application, etc.

53.—(1) The provisions of this Part of this Schedule apply for the protection of local highway authorities unless otherwise agreed in writing between the undertaker and a relevant highway authority.

(2) An agreement for the purpose of sub-paragraph (1) includes, but is not limited to, an agreement made under article 17 (agreements with street authorities) of this Order, or under the 1980 Act.

(3) Any approval or consent of a local highway authority required under this Part of this Schedule—

(a)must not be unreasonably withheld or delayed;

(b)must be given in writing;

(c)in the case of a refusal must be accompanied by a statement of grounds for refusal; and

(d)may be subject to any conditions as the local highway authority reasonably considers necessary.

54.—(1) In this Part of this Schedule—

“bond sum” means the sum equal to 150% of the costs of carrying out the specified works (to include all the costs plus the commuted sum) or such other sum agreed between the undertaker and the relevant highway authority;

“the cash surety” means the sum agreed between the undertaker and the relevant highway authority, acting reasonably;

“commuted sum” means such reasonable sum calculated as provided for in paragraph 67 (commuted sums) of this Part of this Schedule to be used to fund the future cost of maintaining the specified works;

“detailed design information” means such drawings, specifications and other information, as are relevant to and reasonably required in respect of any specified works, to comprise the following—

(a)

site clearance details;

(b)

boundary, environmental and mitigation fencing;

(c)

road restraint systems (vehicle and pedestrian);

(d)

drainage and ducting as required by DMRB CD 535 Drainage asset data and risk management and DMRB CS551 Drainage surveys – standards for Highways;

(e)

earthworks as required by DMRB CD 535 Drainage asset data and risk management and DMRB CS551 Drainage surveys – standards for Highways;

(f)

highway pavements, pavement foundations, kerbs, footways and paved areas;

(g)

traffic signs and road markings;

(h)

traffic signal equipment and associated signal phasing and timing detail;

(i)

road lighting (including columns and brackets);

(j)

electrical work for highway lighting and traffic signs;

(k)

highway structures;

(l)

landscaping, planting and any boundary features which will form part of the local highway;

(m)

utility diversions insofar as in the existing or proposed local highway;

(n)

a schedule of timings for the works, including dates and durations for any closures of any part of the local highway;

(o)

stage 1 and stage 2 road safety audits prepared in accordance with paragraph 57 (road safety audits);

(p)

traffic management proposals including any diversionary routes;

(q)

a schedule of the existing local highway condition prior to commencement of construction related activities;

(r)

a specification of the condition in which it is proposed that the local highway will be returned once the specified works have been completed;

(s)

tracking plans, including a version of such plans in AutoCAD format or such other software format as the relevant highway authority may reasonably request;

(t)

highway alignment drawings;

(u)

drainage contour plans and drainage calculations;

(v)

visibility splay plans; and

(w)

any temporary works structures which are to be erected or retained under the Order or otherwise;

“DMRB” means the Design Manual for Roads and Bridges or any replacement or modification of that standard for the time being in force;

“final certificate” means the final certificate issued by a relevant highway authority under paragraph 63 (maintenance) of this Part of this Schedule;

“maintenance period” means the period from the date of the provisional certificate being issued to the date of the final certificate being issued, unless otherwise agreed in writing between the undertaker and the relevant highway authority;

“provisional certificate” means the certificate issued under paragraph 62 (provisional certificated) of this Part of this Schedule;

“specification for highways works” means the specification for highways works published from time to time by the relevant highway authority setting out the requirements and approvals procedures for work, goods or materials used in the construction, alteration, improvement or maintenance of the local highway network; and

“specified works” means any part of the authorised development that involves the construction, alteration or improvement of a local highway.

(2) For the purposes of its obligations to procure a bond under this Part of this Schedule, the undertaker may procure a bond in relation to the specified works, and a separate bond in relation to the commuted sums, and in those circumstances references in this Part of this Schedule to “bond” and “bond sum” means both bonds together.