Highways development
Highways development
Planning applications for new developments, and associated transport and highway needs.
New developments often have an impact on the existing highway or result in the creation of new highway. It is important that developers liaise with Highway Development Management at the earliest opportunity. They must adhere to national and local policies, standards and guidance.
The Highways Development Management team is part of the wider Highways Infrastructure Team.
They are responsible for:
- dealing with the highway related aspects of new developments
- providing advice on pre-planning and planning applications
- reviewing the associated transport and highways implications on the Local Road Network
- securing legal agreements
- undertaking technical approval, supervision, and implementation of the agreed highway elements of a scheme, for both developers works on the existing highway and the creation of new highways, until they become Highway Maintainable at Public Expense
Guidance for new developments
The following provide design guidance for proposed new developments:
National guidance
Adoption of roads by highway authorities on GOV.UK
Manual for Streets: Designing and modifying residential streets on GOV.UK
Manual for Streets 2: Designing and modifying non-trunk roads and busy streets on GOV.UK
Inclusive mobility: making transport accessible for passengers and pedestrians on GOV.UK
Inclusive mobility: using tactile paving surfaces on GOV.UK
Cycle infrastructure design (LTN 1/20) on GOV.UK
Permeable surfacing of front gardens: guidance on GOV.UK
National Planning Policy Framework on GOV.UK
Local policies
Planning Application Validation requirements
Note 37. Travel Plans, Transport assessment and statements
Northumberland Local Plan: Section 9 Connectivity & Movement, Appendix E Parking Standards (PDF)
Legal Agreements (S38, S59 & S278)
For work on existing highway and for the creation of new highway developers will be expected to enter into legal agreements, (pursuant to the Highways Act 1980) with Northumberland County Council.
Section 38: Creation of new highway
If a developer wishes the Highway Authority to adopt any new highway constructed in accordance with Section 38 of the Highways Act 1980. It will need to be established that it is of benefit to the public. The developer will then be expected to enter into a S38 Agreement with the Highway Authority.
A Section 38 Agreement requires the developer to complete the street(s) covered by the Agreement.
This must be done in accordance with the plans that have received Technical Approval and are referenced within the Agreement.
The developer must also complete any other works required by the Highway Authority. These works ensure the street(s) comply with the authority’s specification and adoption standards.
On satisfactory completion and the serving of a maintenance period the streets become maintainable by the Highway Authority at the public expense.
Such agreements are voluntary; a developer may not wish to offer roads for adoption, or the Highway Authority may not wish to adopt. In these circumstances the roads will remain privately maintainable. It is likely that planning permission will be subject to a condition requiring details of a management and maintenance scheme.
Section 278: Work within the existing highway
Only the Highway Authority is permitted to carry out works to the existing public highway. However, Section 278 of the Highways Act 1980 allows for the carrying out of works to the public highway for the benefit of a third party on behalf of the Highway Authority, where the Highway Authority is satisfied that the works are to the benefit of the public.
A Section 278 Agreement, between the Developer and the Highway Authority, is required to permit works on the public highway to be conducted and sets the specification and technical standards by which the works must be constructed. Works must not be commenced until the agreement is signed and sealed.
Section 59: Extraordinary Maintenance
Section 59 of the Highways Act 1980 relates to the recovery of expenses due to extraordinary traffic. It provides for the highway authority to recover the cost of excess expenses incurred in repairing roads damaged by an operator causing excessive weight or extraordinary traffic to pass along a highway. In determining whether a development would result in extraordinary traffic, NCC as Highway Authority take the following criteria are into account:
- is the site directly accessed via an unclassified, ‘C’ or 'B' class road
- are there any weight, height, or width limit restrictions along the access route
- is there a bridge or structure along the access route
- assessment of the need for repairs arising from a specific operator’s use of a section of highway, which exceeds repairs that would ordinarily be expected to be required
Design checks and technical approval
To ensure that works are conducted in a manner and to a standard that is acceptable to the Highway Authority it is necessary that the detailed design works undergo a technical checking and formal approval process. The technical approval process can typically take 3 to 6 months to complete. The Highway Authority is unable to guarantee a conclusion within any specific timescale.
Timescales depend on the quality of the proposed design, the nature of the works, and rely on the co-operation of the developer and / or their representatives in terms of any necessary amendments to submitted designs. Failure to undertake and return amended designs in a timely manner can delay the signing and sealing of the agreement and subsequently affect the overall agreement completion time. Where a Traffic Regulation Order is necessary additional time may be required. It is the responsibility of the developer / applicant to provide sufficient lead-in time for works on the public highway.
It should be noted that where planning permission is subject to a condition requiring the submission and approval of details of works which will be subject to a Section 38 Agreement it is unlikely that the Highway Authority will be able to recommend that the condition be discharged unless the technical approval process has been satisfactorily completed.
Email: highwaysplanning@northumberland.gov.uk to be put in touch with the appropriate officer to discuss requirements for the technical approval and the relevant agreement process.
Highway works specification
The Northumberland County Council (NCC) technical specification for Highways Works provides those undertaking works on the public highway with the information to ensure that construction works when conducted that fulfil the criteria will be considered as being to an adoptable standard.
The technical specification is not a highway design guide, and the foreword provides guidance on nationally set design documents that should inform how scheme design is approached and developed.
Read the specification for Highways works (PDF).
Stopping up and diversion of highways
As part of development proposals, there may be a need to stop up or divert highways or public rights of way. When related to a planning permission stopping up can be taken up under the Town and Country Planning Act. Early engagement with Highways Development Management should take place to establish whether stopping up or diversion of highway is required because of a proposed development.
Information and access to forms in relation to stopping up associated with planning applications can be found in the following location.
Apply to stop up or divert highway on the Department for Transport website.
Applications can be submitted alongside planning applications, to the Department for Transport casework team. They will process and determine stopping up applications under Section 247, 248, 249 and 251 of the Town and Country Planning Act 1990.
A planning permission does not offer a guarantee that a stopping up order will be successful and a stopping up order cannot be made without a valid planning permission.
Fees
We are currently reviewing this.
Road safety audits
A Road Safety Audit (RSA) is necessary where changes to the local highway network are proposed as a consequence of either the access arrangement (s278 works) or off-site highway improvements (s38 works), in respect of a development scheme.
All RSA's shall be undertaken at the developer’s expense and in accordance with National Guidance and the Highway Authority (NCC Highways) Protocols, which in Northumberland stipulates NCC Highways function as the ‘Overseeing Organisation.’
To obtain a copy of Northumberland County Council’s protocols, forms and arrange an RSA
Email: highwaysplanning@northumberland.gov.uk
Commuted sums
A commuted-sum payment is required in connection with all highway infrastructure that require “extraordinary” maintenance or are non-standard e.g. infiltration drainage systems, structures, ornamental street lighting columns, soft landscaping.
Costs will be calculated based on design life of the specific asset and future year replacement / maintenance costs taking account of inflationary pressures.
Contact the highway development management team
Email: highwaysplanning@northumberland.gov.uk
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