{meta} Agenda for Lead Member for Planning and Sustainable Development on Thursday, 23 June 2022, 2.00 pm

Agenda and decisions

Venue: Microsoft Teams Meeting. View directions

Contact: Claire Edwards 

Items
No. Item

1.

Apologies for absence.

2.

Declarations of interest.

3.

Items for Decision (Part 1 - Open to the Public):

3a

Review of the Highway Inspection and Repair Code of Practice. pdf icon PDF 285 KB

Additional documents:

Decision:

Salford City Council - Record of Decision

 

I, Councillor Mike McCusker, Lead member for Planning, Transport & Sustainable Development, in exercise of the powers contained within the Council Constitution, do hereby:

 

Approve the revisions contained within the Highway Inspection and Repair Code of Practice v4.00.

 

The Reasons are:

The current Salford City Council’s Code of Practice for Highway Inspection and Repair has been in operation since April 2020. It is recommended that regular reviews are undertaken to ensure that up to date guidance is included. It has been agreed across the Association of Greater Manchester Authorities Highway Asset and Infrastructure Group that each Authority shall review its own Code of Practice every two years.

 

Options considered and rejected were:  

None

 

Assessment of Risk:

Low – The Highway Inspection and Repair Code of Practice V4.00  aligns to the “Approved Greater Manchester Highway Safety Inspection Framework” taking into account local considerations and the “Well Managed Highways Infrastructure” document. The revisions made within The Highway Inspection and Repair Code of Practice V4.00  further enhance the recommendations to undertake the inspection service implementing a risk-based approach.

 

The source of funding is:

N/A

 

Legal Advice obtained: Helen Chapman, Solicitor, Physical Infrastructure Group.

 

LEGAL FRAMEWORK

 

Section 41 of the Highways Act (duty to maintain the highways) is an absolute duty. It is not merely a duty to take reasonable care, but it is also to maintain the highway to objective standard. It includes the duty to repair, but only in accordance with the present use and type of the road. This means that if the ordinary traffic on a certain road expands or changes in character, so must the nature of the maintenance and repair of the highway should alter to suit the change.   

 

The courts have found that not every defect in the highway that has caused an accident will be found to represent a failure to maintain to the required standard. The duty to maintain under section 41 is to be distinguished from other responsibilities, as for example to remove obstructions from the highways or tree branches etc. An icy patch in winter for an occasional flooding is not in itself evidence of a failure to maintain. The maintenance of the drainage system for a highway is as much an aspect of the maintenance of the highway as is the maintenance of the surface.  

 

Section 58 of the Act provides the local authority's statutory defence to any claims under section 41 of the Act, the defence is that the Highway Authority has taken such care as in all circumstances was reasonably required to secure that the part of the highway to which the action relates was not dangerous to traffic (this includes pedestrians and animals). In assessing whether such care has been taken in any case, the court must have regard to the matters specified in subs (2), i.e.

 

(a)  the character of the highway, and the traffic which was reasonably expected to use it.

(b)  the standard  ...  view the full decision text for item 3a

4.

Exclusion of the Public.

5.

Items for Decision (Part 2 - Closed to the Public): No items.