Developer schemes - technical audit/inspection

For Section 38/278 Agreement Works the fee is set on a sliding scale

* We are keen for S.38 Agreements to be signed prior to works commencing on site. We would, therefore, like to engage with Developers early in order to complete the Agreements prior to the commencement of works on site at the developer's own risk. To encourage this practise and to reflect the extra management work for the councils Engineers and Inspectors an additional percentage charge will be added to the standard percentage charge shown in the table above should the Developer wish to commence on site prior to signing the Agreement. The early start fee is not applicable to S.278 agreements, as works in existing highway before a S.278 agreement is signed is a breach of the Highways Act (1980).

** We are keen for S.38 works to be completed within a 2 year period. In the event that works associated with a S.38 Agreement have not been completed within 2 years from the works start date, then an additional percentage fee will be levied to cover the ongoing inspection and administration. In the event that these works still have not been completed within 4 years from the works start date a second percentage charge will be levied to cover the ongoing inspection and administration. These sums become immediately due on the 1st day after the 2nd and 4th year anniversaries whether demanded or not. Please note, the "works start date" is defined as the date of commencement on site, irrespective of whether a S.38 Agreement is in place.

*** Please note a minimum fee of £3,750 applies (excluding Minor S.278 Agreements). There will be additional fees on the Minor S.278 Agreement if we decide a full Road Safety Audit is needed. The fee covers our work to approve the design drawings and inspect the works. Developers must note that this covers inspection only and the developer is responsible for the setting out of any works.

We will carry out a preliminary cost estimate of the works based on your initial submission. This information will be used to give a guide on the fees needed and a more detailed estimate will be prepared based on the final approved drawings for use in the Legal Agreement. 40% of the total estimated fees or £3750 (whichever is greater) become due immediately on the start of the Technical Audits.

Please note that the final cost estimate will need to include an estimate for any stats diversions so please confirm the cost of any diversions as soon as possible.

Payment for a Minor S.278 Agreement is required in full before commencement of Technical Approval.

All section agreements (apart from a Minor Section 278) will be required to have a bond at a level set by Coventry city council. This is usually our estimate of the construction costs.

If you wish to deliver the works in phases, a 278/38 Agreement will be prepared for each phase and the fee calculated separately for each phase.

You must submit an upfront payment of £3,750 for a S.278/38 Agreement to cover the checking of drawings. Payment for a Minor S.278 Agreement is required in full before commencement of Technical Approval.

You must submit an upfront payment of £10,000 where S.38 works commence on site at your risk before an Agreement is signed. This is to ensure that the Council's costs of inspecting the works are covered.

You also need to state in writing that you will cover any costs to the Council in approving your submissions and inspecting any works if the development does not go ahead.

Call in of S.38 Agreement Bond after 6 years

If works remain incomplete after 6 years the Council reserves the right to call in the bond and complete the works using the bond sum.

Technical approvals

Following the submission of the initial drawings, developers are allowed two sets of revisions to gain technical approval. After those two allowed revisions, there is an extra charge of at least £250 to consider new drawings. We encourage developers/designers to meet with us after initial comments on the drawings to discuss any changes needed and to speed up the approval process.

Also, all revisions of drawings submitted after approval has been given will lead to an extra charge of at least £250.

If our engineers visit the site to carry out inspections and are not able to do so - through no fault of their own - we can charge £150 per visit.

Road Safety Audits (RSA)

An RSA Fee (+VAT) will be added to the total fees to cover each stage of the Safety Audit process - we will carry out Stage 2 (Design) and Stage 3 (post construction) Audits.

Any stage 2 or stage 3 Road Safety Audits required for S38 or S278 agreements will be required to be carried out internally by Coventry City Council's Traffic Management Team.

Traffic Regulation Orders (TROs)

Where Traffic Regulation Orders are required, a further fee (currently £2,750) per Order is needed. We will tell you if these are needed as part of the approvals' process.

Approval In Principal (AIP)

Structures: We have an agreement with Warwickshire County Council (WCC) if an AIP is needed for any highway structures. A standard fee of 6.5% of the estimated construction cost (of the structure) is needed for granting Technical Approval (TA) and site inspections. The minimum fee is £4,000. For some schemes this percentage may be adjusted up or down subject to WCC's requirements. Fees will have to be paid to Coventry City Council before starting the TA process.

Legal agreements

There will also be a fee from our Legal Department for the preparation and completion of the Agreement which you will be told about when the agreements are prepared. If any of the drawings need to be changed after completion of the legal agreement, a Deed of Variation is needed and the developer must apply to us and meet any costs.

Commuted sums

Any structure, special material or infrastructure that needs more maintenance than standard levels will require extra fees. The value of the commuted sum is calculated on a case by case basis.

Road opening notice (road space booking)

Just like any other utility company carrying out works on highways, any works on the existing highway to be carried out by the developer or their contractor need road space booking. Road opening notice forms are available on our website. Warwickshire Permit team can be contacted for further details by email to temptm@coventry.gov.uk. We advise you to contact them at least three months before any works on existing highways that lasts more than ten working days and 10 days in advance for highway works under five working days.

Traffic management plans approval

Note also that we must approve traffic management plans for any works in the existing adopted highway, Please e-mail temptm@coventry.gov.uk at least one month before work starts.

Works cannot start in the existing adopted highway until the S.278 Agreement is signed and the road space booked. The road space cannot be booked until the traffic management plans have been approved.

Recovery of expenses due to extraordinary traffic

If in the opinion of the highway authority, the works traffic of a development has caused extraordinary expenses in maintaining the highway maintainable at public expense then the Council will seek recovery of the excess expenses in repairing the highway in accordance with The Highways Act (1980) Section 59.