Developer schemes - technical audit/inspection - Print version

We are responsible for all of the publicly maintained roads in Coventry and adopt land to become part of the highway - such as after a new development. This can include footpaths, carriageways and equipment such as traffic lights, street lights and drains - that means we take on responsibility for looking after that land and equipment.

We work with developers on designs, site inspections and other issues around planning permission conditions.

Planning consent is not consent to work on the roads and footpaths and developers must make sure they contact us to get permission before carrying out any work. They must also take care not to leave mud on the roads and paths as this is an offence and they can be prosecuted.

Section 38

If any new road is adopted following a development, all the work, including roads, drainage and other equipment, must be in line with Council standards.

Developers must follow the guidance under the Highways Act 1980 and any Section 38 Agreement. An agreement can take some time to complete and therefore developers should contact us as early as possible and make sure that any designs, technical specifications and detailed construction drawings are approved before work starts on site.

Further information on the technical review process and inspection fees can be found on the Technical Review and inspection webpage [http://www.coventry.gov.uk/info/114/parking_travel_and_streets/2654/developer_schemes/7].

If new roads remain privately owned, we may need further evidence, including:

• a map showing the roads which are to remain private;
• the erection and maintenance of signs showing that the roads are unadopted;
• evidence that future occupiers are aware that the road/s are unadopted, that the future maintenance of the road has been secured and to protect us against future petitioning by residents to adopt their roads;
• a clearly marked boundary between the adopted highway and the private highway.

For additional information please refer to the design guide [http://www.coventry.gov.uk/downloads/download/989/draft_highway_design_guide] and standard details.

Section 278 works

Planning consent does not give permission to work on the public roads and footpaths - developers must obtain our permission through a Section 278 Agreement.

Please apply as early as possible, as no work can be carried out before this is issued.

The developer is responsible for all costs and for making sure that no mud is left on roads and footpaths. For further information please refer to the design guide [/downloads/download/989/draft_highway_design_guide].

Further information on our technical review process and inspection fees can be found on the Technical Review and inspection webpage [/info/114/parking_travel_and_streets/2654/developer_schemes/7].

Stopping up of Public Highway and Public Rights of Way

Development work might mean stopping people from using some roads and footpaths.

An application must be made to the Department of Transport for a stopping order under the Town and Country Planning Act 1990. No work on the area can be carried out until permission is given.

For more information, talk to our Public Rights of Way Officer [/info/119/rights_of_way/555/public_rights_of_way].

Traffic Regulation Orders (TROs)

Traffic Regulation Orders - whether permanent or temporary - such as speed limits and waiting restrictions, may be needed during some development work.

These have separate legal processes and can be made by the Council, but the developer must pay any associated fee(s).

Please apply early to make sure the orders can be made in time.

Permits and licences

We can help with information on how to get various permits and licences for highways works and planning conditions. Please email hdc@coventry.gov.uk [mailto:hdc@coventry.gov.uk] for further information.

Technical review and inspection

S278 & S38 Works – Information on technical review and inspection

A Section 278 Agreement is used to cover any proposed works on the existing public highway. New roads and paths that are to be adopted but are on private land, are covered by a Section 38 agreement. Severn Trent Water needs to agree any drainage works.

All works need to be designed to meet Council and national guidelines.

For drawings to be considered, we need three hard copies and an electronic copy (PDF) showing the following.

1. Red line site Plan: scheme layout to a scale of not less than 1/500 showing roads and development. The drawing must show site boundaries of the land owned by the developer.
2. General Arrangement Drawing: road layout to a scale of not less than 1/500 showing the changes in type of construction, kerbing layout, the lines of highway drains, positions of gullies and manholes, all widths of roads, footways, footpaths and verges and all radii. The drawing must also show the extent of the works proposed for adoption, which must include all visibility splays. Any existing PROW needs to be shown on these drawings.
3. Drainage Drawing: Drainage layout to a scale of not less than 1/500 showing site chainages, the lines of drains and sewers, the positions of manholes and connections and the pipe sizes, gradients and bedding types. The drawing must also indicate the catchment areas (coloured) used in the calculations of the highway drainage systems and indicate the works proposed for adoption. Also, any drainage easements for proposed adoptable highway drains must be clearly indicated.
4. Manhole schedule with construction details: Manhole schedule showing cover levels, invert levels, depths to invert, depths to soffit and types of manholes and covers.
5. Longitudinal Section Drawings: Longitudinal sections of the roads, drains and sewers showing existing ground levels, proposed road levels (at not greater than 20m intervals); invert levels and manhole cover levels. The scale of the sections shall be not less than 1/500 (1/200) horizontal and 1/50 (1/20) vertical (if required).
6. Transverse Section Drawings: Cross sections through the proposed roads at 20m intervals showing existing and proposed levels and the proposed gradients adjacent to the highway boundary. The scale of the sections shall be not less than 1/100 horizontal and 1/20 vertical.
7. Construction details: Typical sections showing all construction details.
8. Traffic Signs and Road Markings Plan: Layout plans showing traffic signs and road markings to a scale not less than 1/500 with Traffic sign schedules and details
9. Traffic Signal Drawings: Traffic signal design and specification (If applicable).
10. Structures Drawings: Details of highway structures with AIP, design and Check certificates (If applicable). In addition to the drawings a specification document will also normally be required.
11. Street lighting Drawings: Street lighting layout design and details. A street lighting design brief and copy of the PFI lighting specification shall be issued to you on request.

We also reserve the right to ask for AutoCAD or similar electronic design drawings for review and checking.

Red Line Plan for Section 38 and 278 Legal Agreement

When the drawings have been approved, six copies are needed for the preparation of the Agreements, coloured as follows:

• Roads – brown
• Footways and footpaths – yellow
• Grass verges – pink
• Gully/gully connections – blue
• Highway drains – blue (labelled “highway drain”)

Note: The boundary of the site owned by the developer must be edged in red.

Please submit plans for Section 38/278 Agreements with the area of land to be dedicated as highway hatched, with a corresponding key in the notes stating ‘Land to be dedicated by the Developer as a highway’.

There are fees for the preparation of the Agreement, approval of the drawings, inspection of the works during construction and the adoption of the works.

Drainage Design: Drainage works must be in line with “Sewers for Adoption” (6th Edition) as issued by Water UK. Drainage calculations are needed for all highway drains. These calculations should cross reference to the drawings submitted for technical approval and include bedding calculations. Developers should note that the minimum amount of cover to a sewer or drain within a carriageway is 900mm and 700mm within a footway.

Traffic Signals Design: Our Traffic Signal Team can be asked to carry out the design and specification work (fees payable). They will need to check and approve any design and specification submitted.

Street lighting Design: New information on the street lighting that we need for each development before it can be adopted is available on the website. These are not currently included in the design guide, but developers need to be aware and take standards into account.

Our Street Lighting PFI Contract Team can supply quotes for the design and installation of any street lighting. Please contact the Street Lighting PFI Contract Monitoring Team on 08085 834333 to discuss your plans. This can help to speed up the design approvals process, installation and the pre-adoption inspections that are needed.

The developer must submit the items listed below before the scheme can go on to maintenance.

• The electrical test certificates for the apparatus installed and offered for adoption. If the test certificates are more than six years old, new tests and certificates will be required.
• The Inventory Data for all lit apparatus installed. An Inventory Data Spreadsheet Template will be issued to the Developer by CCC (electronic copy of template will be provided via email). Within the spreadsheet, a separate sheet will be required to be completed for each road.
• An “As Built” drawing of the street lighting installations. Providing there were no changes made during construction works, this can be the same as the Street Lighting Construction drawing, with the words “Construction Drawing” amended to read “As Built Drawing” with an amended drawing date.
• A drawing showing details of the cable distribution network. (This may already be included on the Construction drawing).
• A copy of the Required Standards(including the Standard Development Specification that was issued to the developer).
• Written confirmation that the apparatus complies with the required standards
• Confirmation of the name of the DNO/IDNO who installed the electrical connections into the lighting columns

If an IDNO is to install the electrical connections to the street lighting columns and associated assets the following information will also be required:

• Confirmation that the name of the IDNO will be included on the cut-out inside the lighting column
• Confirmation that the IDNO is officially recognised and provide the allocated Elexon ID
• Confirmation that a Certificate of Unmetered Supplies will be provided to Coventry City Council Street Lighting PFI Contract Monitoring Team
• Confirmation that the developer will terminate its agreement with their nominated electricity company for energy charges on the date agreed for adoption
• Confirmation that the developer understands that CCC will nominate their own preferred electricity supplier for energy costs, and therefore 6 weeks prior to the date agreed for adoption, the developer will contact Coventry City Council for this information
• the IDNO will need to submit a draft Connections Agreement to Coventry City Council Street Lighting PFI Contract Monitoring Team, who will then liaise with Coventry City Council’s Legal Team. A signed Connections Agreement will need to be in place between the IDNO and Coventry City Council before the street lights can be adopted and accrued into the unmetered supplies inventory for the relevant IDNO

Design review and site inspection fee

For Section 38/278 Agreement Works the fee is set on a sliding scale

Form of Agreement	Coventry City Council's Estimate for Highway Works (£)	Checking / Inspection Fee 2024/25
Section 38 Agreement***	£20k upto £50k	15%
	Over £50k upto £100k	14%
	Over £100k to £250k	13%
	Over £250k to £400k	12%
	Over £400k to £600k	9%
	Over £600k to £1mil	9%
	Over £1mil	9%
Minor Section 278 Agreement	up to £20k	£2,400
Section 278 Agreement***	£20k upto £50k	15%
	Over £50k upto £100k	14%
	Over £100k to £250k	13%
	Over £250k to £400k	12%
	Over £400k to £600k	9%
	Over £600k to £1mil	9%
	Over £1mil	9%
Site works commenced prior to Agreement. Applicable to S.38 works only *	This fee is charged in addition to the corresponding % for cost estimate	4.50%
Section 38 Agreement 2-year fee **	All Valuation Bands	Additional 5%
Section 38 Agreement 4-year fee **	All Valuation Bands	Additional 5%

 

* We are keen for S.38 Agreements to be signed prior to works commencing on site. We would, therefore, like to engage with Developers early in order to complete the Agreements prior to the commencement of works on site at the developer's own risk. To encourage this practise and to reflect the extra management work for the councils Engineers and Inspectors an additional percentage charge will be added to the standard percentage charge shown in the table above should the Developer wish to commence on site prior to signing the Agreement. The early start fee is not applicable to S.278 agreements, as works in existing highway before a S.278 agreement is signed is a breach of the Highways Act (1980).

** We are keen for S.38 works to be completed within a 2 year period. In the event that works associated with a S.38 Agreement have not been completed within 2 years from the works start date, then an additional percentage fee will be levied to cover the ongoing inspection and administration. In the event that these works still have not been completed within 4 years from the works start date a second percentage charge will be levied to cover the ongoing inspection and administration. These sums become immediately due on the 1st day after the 2nd and 4th year anniversaries whether demanded or not. Please note, the "works start date" is defined as the date of commencement on site, irrespective of whether a S.38 Agreement is in place.

*** Please note a minimum fee of £3,750 applies (excluding Minor S.278 Agreements). There will be additional fees on the Minor S.278 Agreement if we decide a full Road Safety Audit is needed. The fee covers our work to approve the design drawings and inspect the works. Developers must note that this covers inspection only and the developer is responsible for the setting out of any works.

We will carry out a preliminary cost estimate of the works based on your initial submission. This information will be used to give a guide on the fees needed and a more detailed estimate will be prepared based on the final approved drawings for use in the Legal Agreement. 40% of the total estimated fees or £3750 (whichever is greater) become due immediately on the start of the Technical Audits.

Please note that the final cost estimate will need to include an estimate for any stats diversions so please confirm the cost of any diversions as soon as possible.

Payment for a Minor S.278 Agreement is required in full before commencement of Technical Approval.

All section agreements (apart from a Minor Section 278) will be required to have a bond at a level set by Coventry city council. This is usually our estimate of the construction costs.

If you wish to deliver the works in phases, a 278/38 Agreement will be prepared for each phase and the fee calculated separately for each phase.

You must submit an upfront payment of £3,750 for a S.278/38 Agreement to cover the checking of drawings. Payment for a Minor S.278 Agreement is required in full before commencement of Technical Approval.

You must submit an upfront payment of £10,000 where S.38 works commence on site at your risk before an Agreement is signed. This is to ensure that the Council's costs of inspecting the works are covered.

You also need to state in writing that you will cover any costs to the Council in approving your submissions and inspecting any works if the development does not go ahead.

Call in of S.38 Agreement Bond after 6 years

If works remain incomplete after 6 years the Council reserves the right to call in the bond and complete the works using the bond sum.

Technical approvals

Following the submission of the initial drawings, developers are allowed two sets of revisions to gain technical approval. After those two allowed revisions, there is an extra charge of at least £250 to consider new drawings. We encourage developers/designers to meet with us after initial comments on the drawings to discuss any changes needed and to speed up the approval process.

Also, all revisions of drawings submitted after approval has been given will lead to an extra charge of at least £250.

If our engineers visit the site to carry out inspections and are not able to do so - through no fault of their own - we can charge £150 per visit.

Road Safety Audits (RSA)

An RSA Fee (+VAT) [https://www.coventry.gov.uk/roads-highways-pavements/highway-regulations-licensing/2#rsa] will be added to the total fees to cover each stage of the Safety Audit process - we will carry out Stage 2 (Design) and Stage 3 (post construction) Audits.

Any stage 2 or stage 3 Road Safety Audits required for S38 or S278 agreements will be required to be carried out internally by Coventry City Council's Traffic Management Team.

Traffic Regulation Orders (TROs)

Where Traffic Regulation Orders are required, a further fee (currently £2,750) per Order is needed. We will tell you if these are needed as part of the approvals' process.

Approval In Principal (AIP)

Structures: We have an agreement with Warwickshire County Council (WCC) if an AIP is needed for any highway structures. A standard fee of 6.5% of the estimated construction cost (of the structure) is needed for granting Technical Approval (TA) and site inspections. The minimum fee is £4,000. For some schemes this percentage may be adjusted up or down subject to WCC's requirements. Fees will have to be paid to Coventry City Council before starting the TA process.

Legal agreements

There will also be a fee from our Legal Department for the preparation and completion of the Agreement which you will be told about when the agreements are prepared. If any of the drawings need to be changed after completion of the legal agreement, a Deed of Variation is needed and the developer must apply to us and meet any costs.

Commuted sums

Any structure, special material or infrastructure that needs more maintenance than standard levels will require extra fees. The value of the commuted sum is calculated on a case by case basis.

Road opening notice (road space booking)

Just like any other utility company carrying out works on highways, any works on the existing highway to be carried out by the developer or their contractor need road space booking. Road opening notice forms are available on our website. Warwickshire Permit team can be contacted for further details by email to temptm@coventry.gov.uk [mailto:temptm@coventry.gov.uk]. We advise you to contact them at least three months before any works on existing highways that lasts more than ten working days and 10 days in advance for highway works under five working days.

Traffic management plans approval

Note also that we must approve traffic management plans for any works in the existing adopted highway, Please e-mail temptm@coventry.gov.uk [mailto:temptm@coventry.gov.uk] at least one month before work starts.

Works cannot start in the existing adopted highway until the S.278 Agreement is signed and the road space booked. The road space cannot be booked until the traffic management plans have been approved.

Recovery of expenses due to extraordinary traffic

If in the opinion of the highway authority, the works traffic of a development has caused extraordinary expenses in maintaining the highway maintainable at public expense then the Council will seek recovery of the excess expenses in repairing the highway in accordance with The Highways Act (1980) Section 59.