When entering into either a Section 278 agreement or Section 38 agreement the developer will be required to indemnify the council (protect from legal responsibility) against any claims arising from the works.
The developer is also responsible for:
- commissioning and paying for all Road Safety Audits;
- ensuring that the audits are carried out to the guidance as stated in GG119 by a suitably qualified, experienced and accredited safety audit team that is independent from the works’ designers;
- submitting the audits to us, along with the designers’ response (the audit report will not be considered until the designers’ response has been received); and
- ensuring any audit recommendations are completed to the council’s satisfaction.
CVs and Briefs
The council reserve the right to request RSA CVs for the appointed Audit Team as well as copies of information provided as part of the audit process. Should it be considered that the competency of the Audit Team or level of information provided be insufficient, the stage of audit may have to be repeated at the expense of the developer.
It is strongly recommended that the audit team are provided with a Road Safety Audit brief to ensure that sufficient information is provided to be able to undertake the appropriate stage of Road Safety Audit. An example Road Safety Audit brief, alongside a template designer’s response and audit team CV checklist can be found on the Road safety audit checklist and templates part of the LHDG.
Construction (Design and Management) Regulations
The developer must also comply with all aspects of the Construction (Design and Management) Regulations 2015 and indemnify the council (protect the council from legal responsibility) against all claims, liabilities and actions.
Supporting Documents
The following documents are available in Templates, checklists and forms
- RSA Brief Template
- RSA CV Checklist
- RSA Response Template