Request ID
15144
Date Received
Date Resolved
Details

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Resolution
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Notes
Date

1. Can you please share the rates you charge developers for approving plans and designs for road construction including streetlighting, drainage etc.

It is not clear from the submitted question whether this relates to planning application submissions or post application detailed design checking for developments to be adopted. It is assumed that the question relates to detailed design and the checking / technical approval of developer schemes to be adopted. The rate charged for assessing and progressing developer Section 38 (Highways Act) submissions which can span multiple year and includes;

• Review of submitted drawing packs (often multiple revisions),
• granting technical acceptance once drawings are acceptable,
• drafting the associated Section 38 legal agreements,
• legal fees,
• technical assessments and approvals for negotiating commuted sums,
• attending meetings,
• attending site meeting,
• undertaking site inspections throughout the often multiyear construction programme,
• undertaking snagging assessments of the site,
• attending road safety audits,
• producing provisional certificates upon sufficient completion of the works,
• inspecting the site during its maintenance period (usually 12 months),
• undertaking final inspections,
• issuing of final certificates,
• corresponding will legal to release any associated bonds,
• correspond with council asset owners in association with adoption of assets such as streetlighting, drainage etc.

…is 10% of the cost of the submitted Section 38 works. These figures are set out within the councils fees and charges on the website and are in line with adjoining and surrounding authorities. Often developers have commenced on site unlawfully without Section agreements being signed, and in some cases for years before they are signed. Therefore the Council has at times been undertaking inspections and site visits without having received any fees. It should be noted that the fees received are ring fenced and can only be spent on work associated with section 38 agreements.

2. Is this inline with gov recommended rates (Community Infrastructure Levy) or are you charging outside of that?
The Section 38 fees charged are completely separate and have nothing to do with CIL, which is a planning aspect.

3. Can you also please share the total revenues received by WBC in the last 3 years for these activities.
£2.3m from Section 38 agreements.

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