Section 278 and Section 38 agreements

1. Confirm which of these individual elements your Authority includes within your bond requirement for all highways work for S278 and S38 agreements?  

Full road construction costs including street lighting and drainage

2. Provide the total bond value for S278 and S38 agreements for the past 3 financial years, and the total number of bonds completed in each year? 

We do not hold this information in a central record as it has no relevance to Devon County Council as an averaged value, so it is not held in that form. To extract this information would therefore require a review of each of the many agreements we enter into every year and opening and analysing each individual agreement. To review the number of agreements over the past three years would take a significant length of time and would take in excess of the appropriate time limit of 18 hours. We are therefore not obliged to disclose this information pursuant to s.12 of the Freedom of Information Act 2000.

3. Confirm what items of adoptable highway infrastructure currently attract commuted sums, and what are the individual costs? 

We negotiate commuted sums for any infrastructure we consider to be additional to normal estate road provision including, but not exclusively, structures, traffic signals and crossings, Suds and other non-positive drainage. We do not have fixed costs, they are considered and charged on a site by site basis

4. Confirm your inspection fee or percentage applicable relevant to the bond provision for S278 and S38 agreements?

s278 – 7%

s38 – 6%

Highway S38/S278 Timescales – Section S278 Agreements relating to residential developments during each of the past 3 financial years

1. Confirm the average time taken to from a technical submission to technical approval?

We do not hold this information in a central record as it has no relevance to Devon County Council as an averaged value, so it is not held in that form. To extract this information would therefore require a review of each of the dozens of agreements we enter into every year and opening and analysing each individual agreement. To review the dozens of agreements over a number of years would take a significant length of time and would take in excess of the appropriate time limit of 18 hours. We are therefore not obliged to disclose this information pursuant to s.12 of the Freedom of Information Act 2000

2. Confirm what is the average time from technical approval to the completion of a Section 278 legal engrossment? 

Please see our response to question 1 above

3. Confirm the average time to grant a Streetworks Permit, post execution of Legal Engrossment? 

We do not operate a roadworks permit scheme in Devon. The scheme planned to start in March 2020 has been delayed. We therefore do not hold this information.

Section 38 Road Adoptions relating to residential developments during each of the past 3 financial years

  1. Confirm what is the average time taken from technical submission to a response to the submission?
  2. Confirm what is the average time taken from the response to Technical Approval?
  3. Confirm what is the average time taken from Technical Approval to the completion of a Section 38 legal agreement?
  4. Confirm what is the average time taken from the completion of a Section 38 legal agreement to the commencement of the maintenance period?
  5. Confirm what is the average time taken from the commencement of the maintenance period to the date of formal adoption?
  6. Confirm the average time from the issue of the Final Certificate to the cancellation of the bond?
  7. If you reduce the value of the bond as a development progresses at what stages do you reduce the value, and by what percentage?

Please see our response to questions 1 and 2 above