Cambridgeshire County Council
 

Agendas, Minutes and Reports- Highways Operational Matters
 

Service Area: EnvironmentAgenda Item No: 6
 
To:
Cabinet
 
Date of Meeting:
09/08/2009
   
From: Executive Director : Environment Services
   
Officer Contact(s)
   
Name: Mark Kemp
Post/ Position:Service Director :
Highways and Access
Telephone: 01223 715663
Email: Mark Kemp
 
Electoral Divisions\Districts: All Electoral Divisions
 
Forward Planning ref: 2009 / 044Key Decision?: Yes
 
Purpose: To consider:
i. a clarification of the charges for road adoption agreements; and
ii. a protocol for the enforcement of new parking regulations issued under the Traffic Management Act 2004.
 
Recommendation: Cabinet is recommended to:
i. approve the clarification of the road adoption agreement charges set out in Appendix A; and
ii. support the enforcement protocol for parking enforcement set out in Paragraph 2.5, with a further review to be undertaken in March 2010.
 
Reports:
090908-6.doc
  
Decision: It was resolved:


i) To approve the clarification of the road adoption agreement charges set out in Appendix A to the Cabinet report and

ii) Support the enforcement protocol for parking enforcement set out in Paragraph 2.5, with a further review to be undertaken
in March 2010.
 
Reason/ Options Considered: In 2008, various highway policies were brought together in a single document called the Highway Network Management Policies and Standards which Cabinet reviews annually, in the spring. The document sets out the charges levied for various highway services which are varied in line with inflation each year.
The policy document sets out the charges for development control (section 38, 106 & 278) agreements that are currently levied. However, the current wording did not reflect the long standing practice of calculating the fees for these agreements based on a bond sum rather than the works costs and therefore revised wording had been brought forward for agreement.

Sections 85 and 86 of the Traffic Management Act 2004 (TMA) came into force on 31st March 2008 prohibiting double parking and parking at dropped footways in special enforcement areas. The prohibitions in these sections are enforceable as if imposed by a Traffic Regulation Order. Following consultation, Government has introduced new regulations stating that traffic signs and road markings are not required to enforce these prohibitions. These regulations came into operation on 1st June this year.

Officers were concerned over the number of challenges that might be raised through the adjudication service if the new regulations were enforced under civil parking arrangements (which currently only operate in Cambridge). Cabinet therefore agreed that the following operational protocols should be adopted initially and agreed that would be reviewed through operational experience as part of the annual policy review in the Spring:

Drop kerbs: only take enforcement action at private accesses where an access protection marking is provided to identify the location of a private access and at pedestrian drop kerbs where tactile paving is provided to highlight its existence.

Double parking: only take enforcement action where vehicles are parked alongside other motor vehicles

During the debate an issue of concern to a number of Cabinet members was again discussed regarding the time taken to complete the construction of many new estates to a standard where by they could be adopted as public highway. There was discussion that as this was a national problem (in terms of there being no statutory requirement on developers to enter into Highways Act 1980 Section 38 agreements to enable roads to be brought up to a specified Council specification) officers should continue to press the Government on agreeing a national policy requiring developers to enter into a (currently voluntary) bond guarantee arrangement to ensure that roads on new estates were made up to a standard where they could be adopted. It was agreed that the Service Director: Highways and Access and Service Director: Growth and Infrastructure should further review policies on adopting highways and pursue the suggestions made with relevant Central Government officials.
  
Published on: 09/10/2009 Call in Deadline (17:00hrs) on: 17/09/2009

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