Issuing a provisional certificate
We will issue a provisional certificate of completion when:
- Any adoptable assets are completed and inspected to council satisfaction and no defects have been identified
- Installation of all illuminated assets is completed to council satisfaction and the appropriate electrical test certificates are provided;
- Any green infrastructure that the council adopt has been appropriately planted and established in accordance with the agreed specification
- The Value of Trees toolkit is currently being trialled; a 10% discount from the full commuted sum is being offered to developers for employing the toolkit during scheme development. Please speak to Forestry for further information
- The Provisional Certificate will not be issued until as built drawings and relevant details have been supplied to council specification
- Stage 3 road safety audit has been completed, where required, and all necessary changes have been completed to the council’s satisfaction
- A drawing has been provided that clearly illustrates the extent of land that is to be dedicated/adopted as part of the process, and the land ownership extent of the dedicating parties.
Bond reduction
When a provisional certificate is issued, the amount of bond can be reduced to 20% of the original amount or £10,000 (whichever is the greater). The exception to this is where the developer is paying a commuted sum in which case the bond will be reduced to 20%of the original amount or £10,000 (whichever is the greater), plus the total value of the commuted sum.
The developer's maintenance period
Typically, the developer is responsible for maintaining the highway works for a minimum period of 24 months. This allows for any defects in the works to become apparent during use.
Where Section 278s form part of a multiple phase development, an extended maintenance period may be to be included within the legal agreement, particularly where it is expected that the completed 278 works will be subject to construction traffic during the remaining development phases. The duration of the maintenance period will depend on the overall timescales for the development and therefore will be determined on a case-by-case basis.
Minor changes to technically approved plans
Where minor changes to the technically approved plan(s) that form part of the completed s.278 agreement have been proposed by the Developer, these must be approved in writing (email acceptable) by the Relevant Officer within a reasonable time; the approved replacement plan(s) showing any/all minor variations to areas originally proposed for dedication as public highway, will be inserted within the completed section 278 deed packet.
The council defines a minor change to s.278 plans as an inconsequential variation to the extents of features already included in the original plans. Where new features have been included, or where features have been entirely removed from plans, then a supplemental agreement may be required. The council retains the right to request a supplemental agreement on a case-by-case basis.
Final certificate
A final certificate of completion will be issued when:
- Following the maintenance period, an inspection of all adoptable assets will be carried out to ensure works have been completed and maintained to the council’s satisfaction. A list of any outstanding remedial works will be compiled, which must be completed to the council’s satisfaction
- All commuted sums are paid following calculation of the uplifted commuted sum value by council development approvals engineer
- All other costs and charges are paid including costs for the bulk clean and lamp change for illuminated signs and/or street lighting
- Where the new road is subject to a road safety audit, stage 4 must have been completed to council satisfaction. We will decide whether the council can issue the final certificate once the 12-month report has been completed
- Provision of the health and safety file, in electronic format, in accordance with the latest Construction (Design and Management) Regulations
- Agreement of the land dedication plan.
- All relevant clauses in the council's standard conditions have been adhered to.
The council will then inform developers that the bond can be cancelled and highway can be adopted to be maintained at public expense. The Council will consider the adoption of Section 278 works prior to associated Section 38 works being complete but this will be assessed on a case-by-case basis further to discussion with the relevant approvals officer.
Extension to the agreed construction programme
If the highway works are not complete after the time limit specified in the agreement, the council may grant an extension of up to twelve-months. However, the bond will be reassessed and a fee will be charged.
If a period of three years has elapsed since the issuing of the provisional certificate and the issuing of the final certificate is outstanding, a further extension may be granted and additional charges made.