Officer Decisions (archive)

Permit for Works Scheme

Section 16(1) of the Traffic Management Act 2004 requires Devon County Council to secure the expeditious movement of traffic on the road network. To further comply with the statutory duty, it is proposed that licences issued by Development Management (DM) are incorporated into the Permit for Works Scheme. This will require private developers to obtain a permit in advance of undertaking works on the road network.

This proposal seeks to include Section 278 Highways Act 1980: Agreements as to Execution of Works (Including hybrid 278 / 38 Agreements)

Proposal agreed by Meg Booth, Director of Climate Change, Environment and Transport in consultation with Councillor Stuart Hughes, Cabinet Member for Highway Management on 7 September 2023:

From: Councillor Stuart Hughes <stuart.hughes@devon.gov.uk>
Sent: 07 September 2023 16:09
To: Meg Booth <meg.booth@devon.gov.uk>
Subject: Re: Permit for Works Scheme – Development Management Works

Yes happy with that Meg

Sent from Outlook for iOS
________________________________________
From: Meg Booth <meg.booth@devon.gov.uk>
Sent: Thursday, September 7, 2023 3:54:12 PM
To: Councillor Stuart Hughes <stuart.hughes@devon.gov.uk>
Subject: Permit for Works Scheme – Development Management Works

When the cabinet approved the permit scheme, one of the recommendation included,

that the Chief Officer of Highways, Infrastructure and Waste be given delegated authority to make minor alterations/adjustments to the Roadworks Permit Plan in consultation with the Cabinet Member for Highways.

I am minded to make a decision to include developers work in the scheme as per the attached reasoning. Would you be content if this happened ?

Meg

Permit for Works Scheme – Development Management Licences

Proposal

To incorporate licences issues under by Development Management (DM) into the Permit for Works Scheme.

Licences to be included are:

• Section 278 Highways Act 1980: Agreements as to Execution of Works (Including hybrid 278 / 38 Agreements)

Envisaged go live date: Quarter 1 of 2024

Overview

Works by developers are currently regulated through licences under the Highways Act 1980. The purpose of this document is to produce a Business Case for introducing DM licences into the Permit for Works Scheme.

It is not mandatory for a Local Highway Authority (LHA) to run a Permit Scheme or include DM licences; however, Section 16 of the Traffic Management Act 2004 places a duty on LHA’s to secure the expeditious movement of traffic on the authority’s road network. Greater regulation on DM licences would help compliance with that duty.

Aspects of the proposal have been discussed with DCC’s legal team.

Strategic Case Summary

Devon has some unique confounding factors which exacerbate the impact of any Street Works operations. Devon is a rural county with a high proportion of older residents who are particularly reliant on the private car. Alongside this, Devon attracts 28 million-day visitors and 20 million overnight visitors each year.

Since April 2020, DM has received instructions for approximately:

• 58 x 278 agreements
• 151 hybrid agreements (both 278/38 and 38/278)

The type of work undertaken under DM licences generally has a greater impact on the road network due to the following aspects:

• Generally, in urbanised areas.
• Often adjoining main roads.
• Complex works requiring longer road occupation.
• Includes more impactive traffic management set ups such as traffic signals or closures.

Scheme Benefits

Permits for work require approval, ensuring that an independent competent officer has reviewed and assessed the impact of the works.

The application process of a permit allows certain ‘conditions’ to be placed on works to mitigate any network impacts. It also allows better management of works durations.

The team who processes permits (Network Operations Support Team) can view a DfT system which will highlight a ‘local considerations’ lists. This list can act as additional information when approving how the works should take place, examples include the location of schools, hospitals, special events or community occasions that should not be interrupted by works. This system/information is restricted to the NOST team.

Local communities and other works promoters would be advantaged by works data being automatically provided to various platforms such as Street Manager and One Network as it will aid ‘self-service’ coordination by applicants. The published data will support the Customer Call Centre and other teams to resolve customer enquiries at the first contact point.

Exact business processes are still to be defined; however, it has been identified that there is potential for more focused enforcement opportunities by utilising the existing Network Enforcement Officers already on the network.

Financial Case

There are no statutory powers to charge for the processing of a permit for DM licences.

The financial benefit to the authority is the reduction of failure demand through lower complaints. Recent examples include the Lidl development on Pinhoe Road Exeter, which received a high-level customer contact.

Given the application volumes involved, it is envisaged that the work can be absorbed by the existing NOST team. Therefore, no further estate costs would be required.

The alternative option is to continue with existing arrangements of coordinating through the existing licence process only.

This option removes the ability to place specific conditions to direct how the works will be undertaken, for example, no work during peak commuting times. It also holds restrictions on enforcement if the rules are not followed.

N/A

Victoria-Ann Walsh, Highway Systems Manager. Email victoria.walsh@devon.gov.uk, call 01392 383000

7 September 2023