Commuted sums

The purpose of commuted sums as set out in the national guidance document “Commuted Sums for Maintaining Infrastructure Assets”, now managed by the Association of Directors of Environment, Economy, Planning & Transport (ADEPT), is to ensure there is a mechanism by which the highway authority can recover costs from the developer for the maintenance of adopted “extra over” assets and areas (that do not contribute to safe functioning of the highway), or alternative materials that may incur additional maintenance costs. 

This section details the council’s commuted sums policy and how charges for eligible highway assets are calculated.

The aim of this policy is to offer a transparent and consistent approach to commuted sums levied where new highway infrastructure is being adopted by the council.

Commuted sum legislation and national guidance

Commuted sums are typically secured through Section 38 and/or Section 278 legal agreements made with developers and landowners, as provided for by the respective Sections of the Highway Act.

In producing this policy, substantial weight has been given to the guidance document ‘Commuted sums for maintaining infrastructure assets’ produced by the County Surveyors’ Society Association, now managed by the Association of Directors of Environment, Economy, Planning, and Transport (ADEPT). This guide sets out best practice approach for the application of commuted sums including understanding whole life costs to ensure undue burdens are not placed on maintenance budgets and the public purse. However, it stresses that commuted sums should be applied in a reasonable manner that does not stifle innovation and is fair to all parties.
 

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