Agenda item

To consider a report by the Highways, Asset and Risk Manager (copy enclosed) seeking members’ views on the new Highway Code of Practice prior to its submission to Cabinet for formal adoption.

11.45 a.m. - 12.15 p.m.

The Lead Member for Waste, Transport and the Environment and the Highways, Asset and Risk Manager presented the new Highways Code of Practice for members’ views prior to its submission to Cabinet for formal adoption.

Members were advised that the highway authority had a statutory duty to maintain the adopted highway network safely but, to a degree, the standard to which it should be maintained was at its discretion.  Some background was provided in terms of the legislative responsibilities placed on highway authorities and the potential for litigation from claimants as a result of perceived failure of the Council to fulfil those duties.  To maintain the highway network safely and defend against such claims the Council had aligned its practices with an industry wide Highways Code of Practice (CoP) which was put in place in 2005.  In 2016 a new CoP was produced by the UK Roads Liaison Committee based on a risk assessment type approach and, in recognition of diminishing budgets, allowed for a focus on areas of greatest need.  To enable a more consistent approach across Wales a joint CoP document had been produced by Welsh highway authorities setting out minimum standards all authorities would work to and it was recommended that, following scrutiny, the Committee endorse the new CoP for submission to Cabinet and formal adoption.

During the ensuing debate members were generally supportive of the new CoP which clearly set out the minimum standards required and the commitment of the authority to safety maintain the highway network in the county, and they took the opportunity to discuss various aspects of the new CoP and the inspection and maintenance regime with the Highways, Assets and Risk Manager.

In response to questions the Highways, Assets and Risk Manager advised that –

·         funding would be targeted at areas of greatest need to help deliver an efficient service within available budgets to manage risk in a cost effective manner

·         during statutory inspections defects were recorded by inspectors on electronic tablets with regard to the highway inspection defect recording manual

·         in terms of defects reported through the CRM system followed up by the service, reports should clearly define the defect which would be assessed against the dimensional criteria measurements to ascertain what action if any was required – it would be useful if reports included a photograph of the defect which could be accommodated under the new CRM C360 system

·         the definition of a pothole had been clearly defined in the CoP in terms of its dimensions and the defect would be categorised in accordance with those levels

·         the CoP did not relate to resurfacing works which was a separate work stream

·         in response to concerns regarding the practice of temporary repair work as a precursor to permanent repair, the new CoP would set minimum standards in order to focus funding based on need and potholes would be filled in such a manner to fulfil the Council’s statutory duty in that regard; there were other highways strategies to address issues raised in terms of resurfacing schemes and patching works which were outside the remit of the new CoP document

·         with regard to concerns over specific works carried out by utility companies and developers resulting in a detrimental impact on the highway it was confirmed that inspections were carried out by the Council and action taken but it was a separate issue outside the remit of the current report item

·         whilst the importance of dropped kerbs was acknowledged it was not a statutory requirement and therefore had not been included within the CoP

·         the minimum frequency of weed removal and gully clearing had been included as planned maintenance in the CoP and the timing of carrying out those activities was crucial to ensure maximum effectiveness – given that the Council would be constrained by the document it was important to build in some flexibility and the minimum standards for activities could be exceeded if justified

·         there was no specific mention of ditch clearing but there was reference to obstruction clearance from watercourses as part of the cyclic planned maintenance and there was the flexibility to carry out other activities

·         clarified that the CoP related to the statutory inspection of the highway with a regime of inspections of varying types and frequencies and in terms of competency requirements a manual had been produced for each inspector which would be followed up with competency training

·         whilst it would be too onerous to report back on the category of defect through the C360 system steps were being taken to ensure a response was provided to all issues raised through that system; raising awareness of the defect categories could be carried out through publication on the Council’s website.

Due to time constraints and the number of highway issues raised which did not directly relate to the new CoP item, members were asked to take up those issues directly with the Highway, Risk and Asset Manager outside of the meeting.

At the conclusion of the discussion it was –

RESOLVED that the Committee –

(a)       recommends the new Code of Practice (Appendix B to the report) to Cabinet for formal adoption so that the standards of maintenance can be applied in Denbighshire and the Council can use the Code of Practice in defence of claims against the authority, and

(b)       confirms that it has read, understood and taken account of the Well-being Impact Assessment (Appendix A to the report) as part of its consideration.

At this juncture (12.15 p.m.) the committee adjourned for a lunch break and resumed proceedings at 1.10 p.m.