Constructing section 278 highway works

To minimise risk to LCC, construction works must not start until the following conditions have been met. 

Technical approval legal agreements, surety and fees

Technical approval has been issued and the Section 278 agreement has been completed and signed by all parties.

Road space booking has been obtained and any required Temporary Traffic Regulation Orders (TTROs) have been secured. 

An appropriate surety is in place and all fees have been paid.

Health and safety

Written confirmation must be provided that the Health and Safety Executive has been notified of the Client for the works for the purposes of the Construction (Design and Management) Regulations. The legal agreement will indemnify the council against all claims, liabilities and actions. This process is administered by Development Approvals and Legal Services as part of the legal agreement process. 

Developers are also required to submit full details of any traffic management proposals for the construction of the road works for approval by the appropriate area office inspector. 

Contractor approval and insurance

It is essential that a reputable contractor with relevant experience is employed to carry out the construction works. The council reserves the right to determine the acceptability of the developer’s proposed contractor and sub-contractors. References must be provided on request.

The council must be indemnified (protected from legal responsibility) against any claims by third parties arising from the road works. Before approving the contractor, written evidence must be provided that they hold a minimum of £10 million public liability insurance with no limit on the number of claims.

Notification of start

Five weeks’ notice must be given by email to the road adoptions team road.adoptions@leics.gov.uk of the intention to begin or restart construction work.

Pre-start meeting

A ‘pre-start’ meeting will be required, this will be arranged by the County Council once the legal agreement has been completed. The developer can find a list of people who should be present at the meeting, and a typical agenda, in the Pre-start Meeting Guide.

Site inspection

Inspections will only be undertaken to check that works are being constructed in accordance with the approved drawings and requirements. The developers are responsible for the day-to-day supervision of the road works construction.

An inspections checklist will be issued to the works promoter at the pre-start meeting and will need to be completed and signed off by the relevant Development Inspector prior to the issue of provisional and final certificates.

Works must be supervised by a competent and experienced engineer.

Access to the works must be given to council representatives as required. Please contact the road adoptions team to discuss concerns regarding construction, however satisfactorily completion in accordance with requirements remains the responsibility of the developer.

Timescale for completing the highway works

Once the developer has begun work on site it is the developer’s responsibility to complete the highway works to the council’s satisfaction and within a ‘reasonable’ period, as stipulated in the agreement, to minimise any potential disruption to highway users. A programme of works should be provided.

Where developers do not complete the highway works within the specified time limit and an extension will be agreed, the council reserves the right to charge fees towards the council’s additional administrative and inspection costs. The council may call on the bond or use the surety monies lodged to complete the works.
 

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Development Approvals