Highways advice for developers

There are different types of highways works that may be required as part of new developments. Waltham Forest Highways will have usually given an indication of the permanent highways works required to the planning case officer as part of the planning application approval process. The most common highway works are:

Before or during development construction 

• Enabling works: Temporary works required in order to enable construction to take place e.g. one or more temporary commercial crossovers for large construction vehicles
• Temporary traffic management: changes to parking arrangements to allow access e.g. suspension of bays

On completion of development construction

• Minor highways works 
• Works under S278 of the Highways Act 1980
• Works under S38 of the Highways Act 1980  new1980 new carriageways, footways etc. to be offered as a public highway

All types of highways works require an application form, and drawings to be submitted to highways.admin@walthamforest.gov.uk

Applications for a dropped kerb for an existing property, with no other changes, are dealt with under a separate procedure.

Enabling works are any temporary physical changes made to the highway to enable the development to be constructed.

Enabling works may include:

• Installing construction vehicle crossovers:  this is where the footway is reconstructed to allow construction vehicles to cross the footway without damaging it and a dropped kerb installed so that vehicles can drive on to and access the site legally, without causing damage.
• Converting an existing domestic crossover to a construction vehicle crossover: this is where a site already has vehicular access via an existing domestic crossover which is rebuilt in order to permit heavy construction vehicles to cross the footway and access the site.
• Amendments to the road layout may be required to facilitate construction vehicle access, e.g. the relocation of an existing bus stop or crossing point.
• Please note it is a developer’s responsibility to carry out enquiries to establish whether statutory undertaker’s plant is affected, and if any diversions are required. It is the developer’s responsibility to arrange, pay for and programme any diversions required, these must be completed prior to the start of any highways works. The developer will need to consider the lead in times needed for any diversions. Highways are not responsible for any delays to a developer’s programme caused by third parties.

The enabling works required are often identified in the Construction Logistics Plan.

Enabling works must be carried out by Waltham Forest Highways.

Temporary traffic management may be required to enable construction access, e.g. temporary parking suspensions to enable large vehicles to gain entry to the site. The types of temporary traffic management and how to arrange them are found below.

These are works required on public highways because of the development, usually on the frontage of the site or in close proximity. Generally, the Developer Highway Works must be completed prior to occupation. However, in some cases, these works may be completed later, with the advance approval of Waltham Forest Highways. (Exceptions may be agreed in some circumstances.)

The type of Developer Highways Works required varies from site to site. Generally, a brief description will be provided with Waltham Forest Highways’ comments at the planning application stage. The requirement generally includes the renewal of the highway on the frontage of the site. This is an established expectation in Waltham Forest.

Developer Highways Works will be progressed, with either a ‘Minor Highways Works Agreement’ a ‘Section 278 Agreement’ or a ‘S38 Agreement’.

As with enabling works, it is a developer’s responsibility to carry out enquiries to establish whether a statutory undertaker’s plant is affected and if any diversions are required. It is the developer’s responsibility to arrange, pay for and programme any diversions required, these must be completed prior to the start of any highway works. The developer will need to consider the lead in times needed for any diversions. Highways are not responsible for any delays to a developer’s programme caused by third parties.

No work should be carried out by the developer or any contractor until Waltham Forest Highways have fully approved the proposed works including layout, levels, materials and traffic management. Waltham Forest Highways should also be kept fully informed of the programme of works including any changes.

• Minor Highways Works: Works that can be carried out under a Minor Highways Work Agreement will require a signed acceptance letter and payment in full before Waltham Forest Highways carries out the works.
• S278 Agreements: Where highway works are carried out under S278 of the Highway’s Act 1980, legal agreements must be signed and full payment made before Waltham Forest Highways can carry out the works. In exceptional circumstances, Waltham Forest Highways may agree to the developer carrying out the works. In such cases, the contractor carrying out the works must be pre-approved by Waltham Forest Highways.
• S38 Agreements: In cases where new highway infrastructure is provided as part of a development some may be offered for adoption as a public highway. Where this is agreed by the highway authority, adoption takes place under Section 38 of the Highways Act 1980. Any new areas of the public highway must be designed and constructed in accordance with Waltham Forest Highways requirements. These works may be carried out by Waltham Forest Highways or the developer, subject to the scope and location of work.

For all types of work, an application form must be completed and returned, along with the highway drawings and other information stated on the form.

The Construction (Design and Management) Regulation 2015 apply to all construction works being undertaken including on the highway.  As such, Waltham Forest Highways have put in place policies and procedures to ensure that design and construction works being undertaken by us adhere to the regulations.  As such, the developer is required to prepare designer risk assessments and pre-construction information as part of their initial design, prior to the design being passed to us for construction.  It is expected that the developer will have appointed a Principal Designer, and the duties will need to be handed over to Waltham Forest Highways to continue the design and construction works.  In addition, we consider that under the regulations, the London Borough of Waltham Forest will assume the duty of the client for the works at handover.

As Developer Highways Works must be completed prior to occupation it is wise to submit a Developer Highways Works application to Waltham Forest Highways as early as possible so that the application can be progressed and works programmed.  This should also consider the time needed to plan and manage the works under CDM.

Process for Minor Highways Works

• An application is completed and submitted to Waltham Forest Highways by email highways.admin@walthamforest.gov.uk
• An engineer will assess the application and supplementary information submitted and then make contact to discuss the next steps. Depending on the site and the proposals, more information may be required before the application can be validated.
• Application validated. Once validation is given the application can be approved and progressed
• Estimate and cost established by the Council.
• On receipt of payment, the works will be programmed.
• Waltham, Forest Highways will assume the duties of CDM Client, Principal Designer and in most cases, designer to complete the detailed design in order for the construction works to be undertaken
• We will appoint a Principal Contractor to undertake the works
• An engineer from Waltham Forest Highways will supervise the works,

Process for S278 Agreements

• An application is completed and submitted to Waltham Forest Highways by email highways.admin@walthamforest.gov.uk
• An engineer will assess the application and make contact to discuss the next steps. Supplementary information may be requested. Depending on the site, more information may be required before the application is validated.
• Technical approval. An engineer will assess the drawings including design and specification, and revisions to the drawings may be requested. Once technical approval is given the application can be progressed.
• The estimated cost is established by Waltham Forest Highways.
• Once costs have been established and agreed, Waltham Forest Highways will instruct the Council’s legal services team and the legal agreement process can commence.
• The Developers’ solicitors and Councils’ solicitors agree on conditions and sign the agreement.
• Relevant payments are made to the Council and works are programmed.
• Waltham Forest Highways will assume the duties of CDM Client, Principal Designer and in most cases designer to complete the detailed design in order for the construction works to be undertaken.
• We will appoint a Principal Contractor to undertake the works.
• An engineer from Waltham Forest Highways will supervise the works and a certificate of completion will be issued on satisfactory completion.

Process for S38 Agreements

• An application is completed and submitted to Waltham Forest Highways by highways.admin@walthamforest.gov.uk
• An engineer will assess the application and make contact to discuss the next steps. Supplementary information may be requested. Depending on the site and proposals, more information may be required before the application is validated.
• Technical approval. An engineer will assess the drawings including design and specification, and revisions to the drawings and/or further information may be requested. Once technical approval is given the application can be progressed.
• The estimated cost is established by Waltham Forest Highways, and works will either be carried out by the developer or by the Council.
• Once costs have been established and agreed, Waltham Forest Highways will instruct the Council’s legal services team and the legal agreement process can commence.
• The Developer’s solicitors and Council’s solicitors agree and sign the Section 38 agreement. Where the developer is carrying out the works a performance bond will be required.
• Where Waltham Forest Highways are carrying out the work, payment in full is made to the Council and works are programmed.
• Waltham, Forest Highways will assume the duties of CDM Client, Principal Designer and in most cases designer to complete the detailed design in order for the construction works to be undertaken.
• We will appoint a Principal Contractor to undertake the works
• Where the Developer is carrying out the works, an inspection fee is paid before works begin. In the event that the works programme is extended (for whatever reason), a supplementary fee will be required and must be paid on demand.
• Where the Developer is carrying out the works, the developer retains the duties of the CDM client, Principal Design and Designer.
• An engineer from Waltham Forest Highways will supervise and inspect the works, to ensure it complies with the drawings and specification and a certificate of completion will be issued on satisfactory completion.
• For larger S38 agreements a S38 proforma will be used, with stages of completion. A completion certificate of each stage will be issued by the supervising engineer.