Decision details

Background

Well-managed Highway Infrastructure was published in October 2016 and will replace Well-maintained Highways 2005 when it becomes fully effective in October 2018. Like its predecessor, Well-managed Highway Infrastructure is a national, non-statutory code of practice which sets out a series of general principles for highway maintenance. It is endorsed and recommended by the Department for Transport and its production has been overseen by the UK Roads Liaison Group (UKRLG) and its Roads, Bridges and Lighting Boards. However, the new Code of Practice is less prescriptive and instead promotes the adoption of an integrated asset management approach to highway infrastructure based on the establishment of local levels of service through risk-based assessment. In the interest of route consistency for highway users, all authorities, are encouraged to collaborate in determining levels of service, especially across boundaries with neighbours responsible for strategic and local highway networks.

From October, our ability to demonstrate we are not a negligent highway authority and put forward a special defence and implementing all reasonable measures will depend on evidencing how we comply with the principles of Well-managed Highway Infrastructure. The County Council will be required to demonstrate a robust decision-making process, an understanding of the consequences of those decisions, and how the associated risks are managed to ensure highway safety.

Well-managed Highway Infrastructure sets out a number of principles which it asserts should underpin our approach to highway service delivery. These are summarised in a series of 36 recommendations. 

How the proposed decision meets the objectives of ‘Increasing Opportunities, Improving Outcomes: Kent County Council’s Strategic Statement (2015-2020)’

Funding to maintain the highway network is finite and investment decisions need to balance the competing needs and interdependencies of highway users, local communities, businesses and our highway assets themselves. Adopting an informed and holistic risk-based approach enables integrated asset management and supports a principle of spending the right amount of money at the right time to keep our highway network safe and our assets working properly to meet the needs of Kent’s people, businesses and visitors now and in the future.

Effective risk management and integrated highway asset management is vital in supporting the delivery of the County Council’s three strategic outcomes:

(1)  Children and young people in Kent get the best start in life 

Managing risk and apply asset management principles to create a safe and resilient highway network enables reliable journeys. These journeys enable Kent’s young people to access work, education and training opportunities, supporting them to achieve their potential through academic and vocational education.

(2)  Kent communities feel the benefits of economic growth by being in work, healthy and enjoying a good quality life 

Creating a highway network that is resilient is key to economic prosperity. As well as connecting the County’s towns and villages, Kent highways also provide a key strategic link between the Capital and ferry, air and rail services to mainland Europe.

(3)  Older and vulnerable residents are safe and supported with choices to live independently.

Safe and reliable highways provide valuable access to services, amenities and social activities for older and vulnerable people supporting them to live with greater independence.  The demands of an aging population and the potential barriers to independent living need to be recognised and inform decisions we make about levels of service and maintenance priorities.

Options

(1)  Fully adopt the 36 recommendations of Well-managed Highway Infrastructure

The Code of Practice is endorsed and recommended by the Department for Transport and promotes the adoption of an integrated asset management approach to highway infrastructure based on the establishment of local levels of service through risk-based assessment. The recommendations uphold the County Council’s vision and strategic objectives, align with the approved approach to highway asset management, and will enable the County Council to demonstrate we are not a negligent highway authority and put forward a special defence and implementing all reasonable measures effectively.

(2)  Only adopt selected recommendations of Well-managed Highway Infrastructure

   The County Council could elect to only partially adopt the recommendation of Well-managed Highway Infrastructure. The risk associated with this approach is dependent on which recommendations are discounted however whichever recommendations are not accepted, the reasons for doing so would need to be clearly documented and approved.

(3)  Do not adopt the recommendations of Well-managed Highway Infrastructure

Much of highway infrastructure maintenance activity is based upon statutory powers and duties contained in legislation and precedents developed over time arising from outcomes of claims and legal proceedings. Well-managed Highway Infrastructure is non-statutory however it will be deemed to be best practice by the courts.

A decision not to adopt the Code of Practice would need to be clearly documented and approved and could compromise the County Council’s position with respect to demonstrating that we are a competent and compliant highway authority.

As Cabinet Member for Planning, Highways, Transport and Waste, I agree to approve the adoption of the principles outlined in Well-managed Highway Infrastructure and endorse the implementation strategy “Well-managed Highway Infrastructure - Implementing the Code of Practice in Kent 2018 – 2020”