08 February 2023
Your request
Highway Bond Provision
- What is the total bond value for S278 and S38 agreements for a) 2019-20, b) 2020-21 and c) 2021-22?
- What is the total number of bonds completed in a) 2019-20, b) 2020-21 and c) 2021-22?
- What items of adoptable highway infrastructure currently attract commuted sums, and what are the individual costs?
- What is your inspection fee or percentage applicable relevant to the bond provision for S278 and S38 agreements?
S278 Timescales
- What was the average time taken from technical submission to technical approval of a S278 agreement in a) 2019-20, b) 2020-21 and c) 2021-22?
- What was the average time taken from technical approval to the completion of a Section 278 legal engrossment in a) 2019-20, b) 2020-21 and c) 2021-22?
- What was the average time to grant a Streetworks Permit, post execution of legal engrossment in a) 2019-20, b) 2020-21 and c) 2021-22?
S38 Timescales
- What was the average time taken from technical submission to a response to the submission of a S38 agreement in a) 2019-20, b) 2020-21 and c) 2021-22?
- What was the average total time taken from technical submission to formal adoption of a S38 agreement in a) 2019-20, b) 2020-21 and c) 2021-22?
Survey questions
- What is an appropriate timescale for the submission and final execution of a S38/S278 Agreement?
- Do you have target timescales for submission to final execution? If yes, what are they?
- What improvements do you think could be made to the overall process from submission to engrossment?
- What improvements are you already considering/ have already implemented?
- Would you consider using the developer obtained tender value for calculating the bond provision for S278 and S38 agreements? What conditions would you need in place to do/consider doing this?
- Would you consider completion of a legal agreement before confirmation of Land Title Registration?
- What is an appropriate total bond value of a S278/S38 agreement?
- Would the planning process benefit from a national standard for a) bond provision values, b) inspection fee percentages and c) statutory timescales for approval?
Our response
Question 1
What is the total bond value for S278 and S38 agreements for a) 2019-20, b) 2020-21, and c) 2021-22?
- £0
- £66,500
- £0
Question 2
What is the total number of bonds completed in a) 2019-20, b) 2020-2, and c) 2021-22?
2019-20 0
2020-21 1
2021-22 0
Question 3
What items of adoptable highway infrastructure currently attract commuted sums, and what are the individual costs?
Any proposed adoption by the council of highway infrastructure that is anticipated to increase the council’s overall financial maintenance burden may attract a commuted sum. Costs are calculated on a case-by-case basis taking, taking into account up front construction costs, anticipated element lifetimes, and estimated maintenance and renewal costs over time, allowing for estimated interest rate fluctuation and indexation.
Question 4
What is your inspection fee or percentage applicable relevant to the bond provision for S278 and S38 agreements?
None. (We do not typically request bond provision).
S278 Timescales
Question 5
What was the average time taken from technical submission to technical approval of a S278 agreement in a) 2019-20, b) 2020-21 and c) 2021-22?
2019-20 6-12 months
2020-21 6-12 months
2021-22 6-12 months
Question 6
What was the average time taken from technical approval to the completion of a Section 278 legal engrossment in a) 2019-20, b) 2020-21 and c) 2021-22?
2019-20 1-3 months
2020-21 1-3 months
2021-22 1-3 months
Question 7
What was the average time to grant a Streetworks Permit, post execution of legal engrossment in a) 2019-20, b) 2020-21 and c) 2021-22?
2019-20 3-14 days
2020-21 3-14 days
2021-22 3-14 days
S38 Timescales
Question 8
What was the average time taken from technical submission to a response to the submission of a S38 agreement in a) 2019-20, b) 2020-2 and c) 2021-22?
2019-20 N/A
2020-21 N/A
2021-22 6-12 months
Question 9
What was the average total time taken from technical submission to formal adoption of a S38 agreement in a) 2019-20, b) 2020-21 and c) 2021-22?
2019-20 N/A (no S38s completed in year)
2020-21 N/A (one S38 process commenced in this year but final adoption is still yet to take place, so confirmed time period cannot be given)
2021-22 N/A (no S38s completed in year)
Survey questions
1. What is an appropriate timescale for the submission and final execution of a S38/S278 Agreement?
I can confirm that Lambeth Council does not hold the information requested. Regulation 12(4)(a) of the EIR states that a public authority may refuse to disclose information to the extent that it does not hold that information when an applicant’s request is received.
I am advised by my colleagues that Lambeth Council does not hold any such information, as FOI/EIRs only cover recorded information; an estimate of when something may happen or speculation on future decisions/activity is not recorded information.
2. Do you have target timescales for submission to final execution? If yes, what are they?
As per Q1
3. What improvements do you think could be made to the overall process from submission to engrossment?
As per Q1
4. What improvements are you already considering/ have already implemented?
As per Q1
5. Would you consider using the developer obtained tender value for calculating the bond provision for S278 and S38 agreements? What conditions would you need in place to do/consider doing this?
As per Q1
6. Would you consider completion of a legal agreement before confirmation of Land Title Registration?
As per Q1
7. What is an appropriate total bond value of a S278/S38 agreement?
As per Q1
8. Would the planning process benefit from a national standard for a) bond provision values, b) inspection fee percentages and c) statutory timescales for approval?
As per Q1