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Freedom of Information Request

S278 and S38 agreements

Received: 20 February 2024

In accordance with the terms of the Freedom of Information Act 2000, I write with the below requests for information. All years specified refer to financial years. Highway Bond Provision 1.What is the total bond value for S278 and S38 agreements for a) 2020-21, b) 2021-22 and c) 2022-23?2.What is the total number of bonds completed in a) 2020-21, b) 2021-22 and c) 2022-23?3.What items of adoptable highway infrastructure currently attract commuted sums, and what are the individual costs? 4.What is your inspection fee or percentage applicable relevant to the bond provision for S278 and S38 agreements?S278 Timescales5.What was the average time taken from technical submission to technical approval of a S278 agreement in a) 2020-21, b) 2021-22 and c) 2022-23?6.What was the average time taken from technical approval to the completion of a Section 278 legal engrossment in a) 2020-21, b) 2021-22 and c) 2022-23?7.What was the average time to grant a Streetworks Permit, post execution of Legal Engrossment in a) 2020-21, b) 2021-22 and c) 2022-23?S38 Timescales 8.What was the average time taken from technical submission to technical approval of a S38 agreement in a) 2020-21, b) 2021-22 and c) 2022-23?9.What was the average time taken from technical approval to the completion of a Section 38 legal agreement in a) 2020-21, b) 2021-22 and c) 2022-23?10.What was the average total time taken from technical submission to formal adoption of a S38 agreement in a) 2020-21, b) 2021-22 and c) 2022-23?Survey questions1.What is an appropriate timescale for the submission and final execution of a S38/S278 Agreement?2.Do you have target timescales for submission to final execution? If yes, what are they?3.What improvements do you think could be made to the overall process from submission to engrossment? 4.What improvements are you already considering/ have already implemented?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?6.Would you consider completion of a legal agreement before confirmation of Land Title Registration?7.What is an appropriate total bond value of a S278/S38 agreement?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?

Outcome / Documents

  • Response (all information to be supplied) - application/pdf - Download
  • RESPONSE - Ref 11631140 - application/vnd.openxmlformats-officedocument.spreadsheetml.sheet - Download