Applying commuted sums

The requirement for commuted sums under both Section 38 and 278 can be divided into five categories.

  • Areas and assets constructed under Section 38 agreements which are not required for the safe and satisfactory functioning of the highway and are therefore “extra over”. Examples are additional areas of carriageway, such as a 'square' surrounding a turning head (see Design Layouts), hard landscaping and grass verges (see Design Layouts ‘Green Infrastructure’).
  • The cost of maintaining some features of the adoptable works which can be considered as extra over. Examples include highway structures, public transport assets, trees and other green infrastructure, parking bays and noise fencing
  • The additional cost of maintaining permitted alternative materials and features which are extra over.  Examples include surfacing materials and street lighting equipment
  • Drainage systems, for example, flow-attenuation devices and SuDS.

The above is not intended to be an exhaustive list, cases where commuted sums are normally required are set out in other parts of the LHDG. Discussions with the council must be undertaken regarding commuted sums at the earliest possible opportunity and certainly before any planning application. 
 

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