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The aim of this Code of
Practice (CoP) is to provide guidance on the costs of
diversionary works and to minimise the extent of such works
to everyone who would be affected. It also sets out who is
responsible for each aspect of such works and explains what
needs to be done before, during and after works.
The cost are to be split
between everyone concerned with the authority paying 82% of
cost and undertakers 18%.
The CoP applies to
undertakers apparatus within a maintainable highway or road,
such as ducts, pipes, cables and any other such apparatus.
Where does the CoP
apply?
The CoP applies to works in the following categories:
- reconstruction of any
road, including widening or being made redundant.
- installation of a dual
carriageway road or roundabout.
- where the surface
level of the road is to be changed.
- where a carriageway,
footway or cycleway is being provided, altered,
widened or re-levelled.
- where a road hump is
installed or removed.
- if a vehicle crossing
over a footway or verge is to be constructed.
- installation of cattle
grids.
- tunnelling or boring
under the highway.
- any bridge which
crosses the highway that belongs to the authority or
transport authority is to be replaced, altered,
reconstructed or removed.
What need to be done?
The road and highway authorities produce annual planning
reports and plans which show where planned works are going
to take place. A copy of these reports are sent to each
undertaker within the region of the planned works.
Undertakers also need to provide the road or highway
authority with their own planned major works programmes.
This would in principle ensure that works are coordinated by
consultation and agreement prior to the works commencing.
Authorities will be
required to issue a notice of intended works to undertakers
and enter the details on their streetworks register,
undertakers are required to acknowledge receipt of this
notice.
An undertaker is required
to give notice of intended major works, the authority can
counter this notice by proving that they intend to carry out
their own works within 5 years and issue their own notice to
this effect. If the undertaker carries out works within this
period then they are to pay for all necessary diversionary
works and the care and protection of already installed
apparatus.
Bridge Works and
Replacement Schemes
Any works which include strengthening, waterproofing,
widening, reconstruction or widening of the bridge that will
affect apparatus will require early consultation to identify
solutions and agree works to be carried out.
Redundant Roads
and Highways
Redundant road, highways,
verges, footways, etc are those that the authority or the
Secretary of State are to close or are no longer required.
The maintenance of these would normally revert to persons
who's property fronts the areas.
The authority is required
to discuss such closures with undertakers and
undertakers inform the authority of its needs in relation to
apparatus. New owners will need to be informed of any
wayleave or easement. Undertakers should also consider the
installation of any ducts to facilitate any future
diversionary works. Where new owners are to develop the
areas they must consult with the undertaker prior to any
development work being carried out.
Should the redundant road
still be maintainable by the authority the right of the
undertaker remain unaffected.
Redundant Bridges
Where a bridge is to be
demolished the authority must inform undertakers within 10
years of expected works. The undertaker must respond to this
notice by stating the apparatus that would be effected by
such works. An undertaker who goes ahead and places
apparatus after notice is given will be responsible for all
cost of diversionary works when demolition is carried out
within 10 years.
If the redundant bridge is
to remain maintainable by the authority then the rights of
the undertaker are protected.
Replacement
Carriageway Construction
Where the authority is to
replace a for example a flexible carriageway with a rigid
construction or any expensive paving surface, etc, the
undertaker will meet the full cost of diversionary works
where such works are not required by the authority.
Modified or
Replacement Bridges
Where apparatus already
exists the new bridge design will allow for the placement of
the apparatus. The authority is to pay 82% of the cost
and the undertaker 18% for the works to be done. This would
include hangers, ducts, pipes, etc and any diversionary
works. Any additional apparatus that the undertaker wishes
to install may be done at the time but full cost will be met
by the undertaker.
Changes in Depth
Provided that the apparatus
is at a reasonable depth before works starts the cost will
be split 82/18. Where the apparatus is not at a reasonable
depth to allow for protection the authority should consult
the undertaker to making a greater contribution to cost.
This additional cost need not be made where the undertaker
accepts the reduced depth as a result of the works.
Private
Development Funded Works
Where an authority is
entitled to a contribution from a private developer towards
the cost of diversionary works the undertaker will only meet
the 18% of cost that are not covered by the contribution.
The developer will normally
pay for the undertakers works prior to works commencing to
ensure that the works are protected from any further
diversionary work or as a result of undertakers changing
their plans.
The authority can recover
cost from third parties on behalf of the undertaker for any
diversionary works.
Any resurfacing or
replacement or replacement of special surfacing should
normally be done by the highway authority. Undertakers
highway ironwork where worn or damaged will be supplies
without charge when being replaced. The undertaker may refit
ironwork. This type of work would not be treated as
diversionary works.
Redundancy of
Roads and Bridges
Where undertakers carry out
diversionary works within a redundant highway that has been
declared by the authority, the undertaker is to pay the full
cost of such works. This applies where the road has been
made redundant within 5 years of declaration or ten years
for a bridge. If redundancy has not occurred then the 82/18
cost applies.
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