Transport, Highways, and Access

Obligation

Provision or payment of highway work

Criteria

T1. All development proposals will be assessed on their own merits in relation to the impact they have upon the highway network, against relevant Local Plan overarching transport policies and site-specific policies. There are no types of development which are exempt from necessary highway infrastructure obligations.

Timing / triggers of provision or payment:

T2. The developer is required to implement the agreed highway infrastructure works in such a way that the works can be adopted by the highway authorities once it has been agreed that they are built to an adoptable standard. In general, the developer is obliged to submit suitable detailed engineering drawings to the highway authorities prior to any commencement of the development on site, for the highway authorities' approval.

T3. Unless otherwise agreed, before occupation of a development, the developer is usually obliged to implement the approved scheme and the highway authorities will issue a certificate of practical completion. The developer will still have responsibility for maintaining the highway works for a minimum of 12 months and to carry out any remedial works required since the issue of the certificate of practical completion. After the 12-month period, or when the remedial works have been satisfactorily completed, a certificate of adoption will be issued, and the works adopted by the highway authorities.

T4. Developers will be required to pay fees to cover ECC's and NH's costs incurred in approving the detailed engineering drawings, processing and advertising Traffic Regulation Orders, and for inspecting the highway works and issuing the relevant certificate. Details of these fees are to be included in a S106 agreement.

T5. Where appropriate, a S278 Agreement under the Highways Act can be entered into between the developer and the Highway Authorities. This agreement enables a developer to carry out works on a public highway and is separate to a S106 agreement. The full details of the processes will be set out in any relevant S106 or S278 Agreements.

Maintenance plans / payments

T6. Where the infrastructure works include items with the possibility of a major maintenance requirement e.g. traffic signals or where the works are beyond the usual ECC or NH specification, the highway authorities require a commuted sum from the developer to maintain that infrastructure. Where the highway authorities take on assets from developers, there is a requirement for maintenance costs for the life of the assets, and replacement costs at the end of their useful life. Further information on this matter is available in Essex County Council's Developers' Guide to Infrastructure Contributions (2020 or as amended).

Other consideration to be included as part of the obligation

T7. Where a developer intends to carry out works to/ in the public highway they will be required to provide third party insurance.

T8. Developers will be required to enter into a bond for an amount specified by ECC or National Highways to ensure that the highways works are completed to their satisfaction, should the developer default on any of its obligations in relation to the works. This bond will vary dependent on the works required. The bond can be a formal bond with an approved third-party surety or it can be a deposit in cash to ECC or National Highways.

T9. Land compensation bonds will be required where there is a possibility of existing properties being affected by new highway development, e.g. by increased noise resulting from new highway development, including the possibility of a reduction in value.

Justification

Essex County Council (ECC) and National Highways as the highway authorities for Brentwood Borough area and are consulted on planning proposals that affect their highway network. They provide advice on the scope of obligations for highway infrastructure works where it is considered that there is a need to mitigate the impact of new development(s) on the highway network.

Policy background

Policy MG05: Developer Contributions

Policy BE08 Strategic Transport Infrastructure

Strategic Policy BE09: Sustainable Means of Travel and Walkable Streets

Policy BE10: Sustainable Passenger Transport

Policy BE11: Electric and Low Emission Vehicle

Policy BE12: Mitigating the Transport Impacts of Development

Policy BE13: Parking Standards

Site specific policies