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Terms and conditions for contractors constructing a vehicle crossing or access ramp on the highway


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Definitions

  • Licensor: Devon County Council – referred to as ‘the Council’ throughout this document
  • Licensee: The contractor given a licence by the Council to undertake the work
  • Vehicle crossing: A vehicle crossing (often referred to as a dropped kerb) is a specially constructed section of pavement or verge to enable vehicular access to a property
  • Core sample test: Test of the quality of construction of an area of highway which shows the type of materials used, depth of materials and air-voids

Relevant legislation

Section 171 of the Highways Act 1980, states that:

‘A person may, with the consent of the highway authority for a street that is a highway maintainable at the public expense, …make a temporary excavation in it.’

Section 67 of the New Roads and Street Works Act 1991, states that:

‘It is the duty of an Undertaker executing street works … to secure that… the execution of the works is supervised by a person having a prescribed qualification as a supervisor’ and ‘to secure that, … there is on site at all times when any such works are in progress at least one person having a prescribed qualification as a trained operative.’

Section 71 of the New Roads and Street Works Act 1991, states that:

‘An Undertaker executing street works shall in reinstating the street comply with such requirements as may be prescribed as to the specification of materials to be used and the standards of workmanship to be observed.’

Public liability insurance

The licensee must at all times be covered by public liability insurance which:

  • has minimum cover of £5 million
  • indemnifies the Council from and against all actions, claims, losses and expenses whatsoever in respect of loss of life or personal injury or damage to property, howsoever caused, arising out of or in any way attributable to the construction of the vehicle crossing

A copy of the insurance certificate must be held on site as it may be inspected at any time.

Competency requirements

The safety of the public and those working on the highway is paramount. All work must be in accordance with:

  • Chapter 8 of the Traffic Signs Manual
  • Safety at Street Works and Road Works – A Code of Practice

Supervisor and operatives must be competent to carry out this type of work, work on the highway, and be fully accredited under the Street Works Qualification Register accredited under the New Roads and Street Works Act 1991 and its associated regulations and codes of practices.

All street works qualification cards must be carried on site as they may be inspected at any time

Notice period

We require 20 working days’ notice of the construction start and end dates. No work will commence before the licence is issued – if approved.

Utility apparatus

Prior to any excavation, investigation must be carried out to determine the location of any underground apparatus on site. If apparatus is found, arrangements must be made with those who own the apparatus, to ensure the safety of the public and the workforce, and to ensure no apparatus is damaged. If in doubt, contact the Council for further advice before proceeding.

Any variation to the specification due to on-site conditions must be approved by the local neighbourhood officer. For example, if an unexpected underground service is found during excavation, work must not proceed until approved by the local neighbourhood officer.

Quarry tickets

All quarry tickets must be retained and provided for inspection if requested by the Council.

Damage to the public highway

Any damage to the street caused by the Undertaker will be made good by the Council at the expense of the licensee in accordance with the provisions of Section 133 of the Highways Act 1980.

Sub-contractors

Any sub-contractor must also abide by our terms and conditions.

Additional points

The licensee must have full permission from the property owner to carry out the works as proposed. The licensee is responsible for the work carried out, both during the construction and for a guarantee period of two years after completion.

The licensee is responsible to check whether planning permission is required. Please contact the local planning authority for advice. Devon County Council is separate from the planning authority, and approval for a vehicle crossing does not include planning consent for any proposed works on private property.

Under the Construction (Design and Management) Regulations 2015 (CDM2015) the licensee is fully aware of and shall carry out duties as the contractor for the domestic client and where applicable their duties as the principal contractor where the domestic project involves more than one contractor.

The licensee also understands and accepts for this specific project that Devon County Council is the licencing authority only and has no CDM2015 duties under this licence agreement.

The vehicle crossing or access ramp will be constructed to the specification approved by Devon County Council. If you don’t, you will not be authorised to carry out work until all problems have been resolved to our satisfaction.

Non-compliance with terms and conditions

Revocation of a licence

The Council has the right to cancel the licence at any time if any of the terms and conditions subject to which the licence has been granted are not complied with.

Construction inspections

Any site may be inspected at any time during construction. Work will be stopped, and any of the following problems must be resolved before the Undertaker will be allowed to continue:

  • Insufficient or out-of-date street works qualification cards.
  • Insufficient or out-of-date public liability insurance.
  • Signing, lighting and guarding not compliant with ‘Safety at Street Works and Road Works – A Code of Practice’ (known as the red book).
  • Construction not compliant with the vehicle crossing specification.
  • Poor quality of workmanship.
  • Unable to provide quarry ticket.

Core sample tests

Any site may be subject to a core sample test following construction, which will test the construction for materials, depth and air-voids. In the event of failure the Undertaker must reconstruct the crossing to the satisfaction of the Council, and pay the Council the full cost of the core sample as detailed in the Council’s fees and charges.

Report to Health and Safety Executive (HSE)

The Council will report instances of non compliance to the HSE where there is concern for public safety.

Report to Trading Standards

The Council may report instances of non compliance to Trading Standards where there is either a concern for public safety or the supply of a service under the Supplied Goods and Services Act.

Temporary suspension

The Council may refuse to issue further licences until the non-compliance has been resolved.

Vehicle crossing and access ramp specification

For the construction of a vehicle crossing or access ramp over footways or verges, Section 184, Highways Act 1980.

1. Minimum widths

a. Minimum crossing width for a vehicle crossing to be 2.7 m.

b. Minimum crossing width for an access ramp (for a wheelchair or mobility scooter etc) to be 1.2 m.

2. Gates and boundary lines

Where gates are to be provided these should open inwards. If the surfacing material of the drive and footway are similar then a boundary line is required, for example, concrete edgings.

3. Dropper kerbs

a. Dropped kerbs for vehicle crossings to have a minimum upstand of 25 mm, unless otherwise agreed with DCC, to minimise surface water egress.

b. Dropped kerbs for access ramps kerbs should be flush with the carriageway for ease of use, unless otherwise agreed with DCC, for instance, to minimise surface water egress and ponding.

c. Dropper kerbs to be used to taper into existing kerbing, maximum slope 1:12, but for access ramps 1:20 is ideal.

d. If the kerb radius is less than 12 m then the appropriate radius kerbs will be used.

4. Gradients

a. Maximum slope of crossing between the carriageway and the entrance should be 1:12 for vehicle crossings and 1:20 for access ramps, unless otherwise agreed with Devon County Council.

b. Maximum slope of the crossfall on the footway is 1:40 but less is preferable.

5. Surface water drainage

a. If the driveway slopes towards the carriageway then drainage must be provided to prevent surface water flowing onto the public highway, for which planning permission will be required if connected to the existing or new drainage system. If constructed from permeable materials, then planning permission may not be necessary.

b. If the driveway is to be a gravel finish then a gravel trap will be required within the property boundary to prevent gravel from migrating onto the public highway. A gravel trap can consist of a 300 mm wide strip of concrete at a gradient sufficient to create a vertical lip of 25 mm or more on the driveway side. This reduces the likelihood of gravel being tracked out onto the public footway.

c. The property owner must maintain gravel traps and surface water drainage so that it continues to be effective.

6. Materials

a. All construction materials must conform with current national specifications.

b. Surface courses must not contain limestone aggregate.

c. Construction materials should match the existing footpath (except paving slabs) and kerbing unless otherwise agreed by Devon County Council.

d. Crossings should be edged with 50 x 150 mm precast concrete edgings when adjacent to a verge.

7. Kerbs

a. Kerbs to be laid on a wet concrete bed 100 mm thick with 225 mm thick concrete backing to within 30 mm of the top of the kerb.

b. Edgings to be laid on 100 mm concrete base with 100 mm thick surround front and back to within 30 mm of the top of the edging.

c. All concrete to be Grade ST1 BS8500-1:2015.

d. Natural stone kerbs must be reused with similar concrete bed and backing to the PCC kerbs.

8. Utility services

a. If utility services are uncovered during excavation then the relevant company must be contacted and protection agreed.

b. Under no circumstances should any pipe, cable or duct etc. be left in bound materials.

9. Light duty crossing

The following types of construction are suitable for access to a single residential property for cars and light vans (if larger vehicles are likely to be used or the crossing will serve three or more properties then the heavy-duty type should be provided):

a) Bituminous

  • 30 mm thickness of AC 6 dense surf 100/150 MCHW clause 909 53 PSV
  • Tack coat between surface/binder course and on all vertical faces
  • 70 mm thickness of AC 20 dense bin 100/150 MCHW clause 906
  • 150 mm thickness of Granular Sub Base MCHW clause 803 on a pre-compacted formation

b) Block paving

  • 80 mm thick block paviers with a minimum PPTV of 45
  • 50 mm of clean naturally occurring silica sand with rounded or sub rounded particles MCHW clause 1107
  • 150 mm thickness of Granular Sub Base MCHW clause 803 on a pre-compacted formation

c) Concrete

  • 100 mm thickness of PAV 1 concrete BS8500-1:2015
  • Waterproof membrane
  • 100 mm thickness of Granular Sub Base MCHW clause 803 on a pre-compacted formation

10. Heavy-duty crossing

The following type of construction is suitable for access to commercial and other private properties for vehicles in excess of 5 tonnes unladen weight and up to a maximum of 20 tonnes laden weight plus access to 3 or more properties (for vehicle crossings in excess of this weight please contact the neighbourhood engineer for an industrial specification).

a. Concrete (heavy-duty crossings)

  • 150 mm thickness of PAV 1 concrete BS8500-1:2015 with one layer of B283 mesh reinforcement to BS 4483 in the bottom of the slab with 50mm of cover
  • Waterproof membrane
  • 150 mm thickness of Granular Sub Base MCHW clause 803 on a pre-compacted formation

b. Bituminous (heavy-duty crossings)

  • 30 mm thickness of AC 6 dense surf 700/100 MCHW clause 909 53 PSV
  • 70 mm thickness of AC 20 dense bin 70/100 MCHW clause 906
  • 100 mm thickness of AC 32 dense base 70/100 MCHW clause 906
  • Tack coat between all bituminous bound layers and all vertical faces
  • 150 mm thickness of Granular Sub Base MCHW clause 803 on a pre-compacted formation

Typical layout for a vehicle crossing

Diagram illustrating a typical layout for a vehicle crossing

Typical layout for an access ramp for a wheelchair or mobility scooter

A diagram illustrating a typical layout for an access ramp for a wheelchair or mobility scooter

Example plan for submission with an application

The following is an example of a plan that can be submitted with an application showing measurements and an outline of where the vehicle crossing is going to be located.

An example of a plan required to illustrate the construction of a dropped kerb