Agenda item

To consider a report by Councillor Brian Jones, Lead Member for Waste, Transport and the Environment (copy enclosed) presenting the new Highways Code of Practice for formal ratification.

RESOLVED that Cabinet –

(a)       accept the report and ratify the new Code of Practice so that it can be formally applied in Denbighshire, and

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

Councillor Brian Jones presented the report and new Highways Code of Practice (CoP) for formal ratification.

Some background was provided in terms of the legislative responsibilities placed on highway authorities to maintain the adopted highway network together with the proposed criteria to be used to maintain the highway network safely and to ensure third party insurance claims could be defended robustly.  To this end, and to enable a consistent approach across Wales, a joint CoP document had been produced by Welsh highway authorities.  Officers reported upon the technical aspects of the document and highlighted the main changes to the current regime in terms of inspection and maintenance together with the reasoning behind those changes and to ensure uniformity across the county.  Whist the joint document set down the minimum requirements across Welsh local authorities, Denbighshire had exceeded those requirements in particular elements of the regime.  It was noted that officers regularly attended Member Area Groups to discuss highway matters, including the wider highway strategy, and that engagement would continue.

Cabinet took the opportunity to discuss the new CoP with the Lead Member and officers who responded to questions and comments as follows –

·         the definition of a pothole had been clearly defined in the new document in terms of its dimensions in accordance with the industry standard and any reduction in that size would impact on resources

·         elaborated upon the definitions of defect categories for critical and safety defects and noted the lack of reference between those two categories in the table on page 10 of the document which it was agreed could be better defined at that point, however defect types and intervention levels had been included elsewhere in the document

·         explained that a new CoP had been produced in 2016 by the UK Roads Liaison Committee to ‘free up’ local authorities and give more budgetary flexibility but Welsh authorities’ highways officers had taken the view that there was safety in numbers when it came to potential litigation and consequently a uniform approach and joint document had been agreed setting out minimum standards

·         acknowledged concerns regarding the effectiveness and practice of temporary pothole repair prior to permanent repair but explained that if a permanent repair could not be done within the timescale required to ensure safety then temporary repair work would be necessary.  It was hoped that defining the size of the pothole in the CoP may help to free up some resource for that purpose and regular meetings were held between highways and street scene to review reactive maintenance and ensure the most efficient and effective approach was taken within the resources available.  Officers confirmed they would be willing to attend any member forum to discuss the approach taken to ensure members were well informed to respond to residents’ questions thereon.  It was agreed that it would be beneficial for officers to explain the approach, including the implications of the new CoP, at a Council Briefing session.

RESOLVED that Cabinet –

(a)       accept the report and ratify the new Code of Practice so that it can be formally applied in Denbighshire, and

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