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.
Decision type: Key
Reason Key: Affects more than two Electoral Divisions;
Decision status: Recommendations Approved
Division affected: (All Division);
Notice of proposed decision first published: 07/06/2018
Decision due: Not before 14th Jul 2018 by Cabinet Member for Planning, Highways, Transport and Waste
Reason: in order that the proposed decision can be published for a minimum of 28 days, in accordance with statutory requriements
Lead member: Cabinet Member for Planning, Highways, Transport and Waste
Lead director: Andrew Loosemore
Department: Growth, Environment & Transport
Contact: David Latham, Roadworks & Enforcement Manager 03000 413698 Email: david.latham@kent.gov.uk Tel: 01233 614126.
Consultees
Adopting the principles outlined in Well-managed Highway Infrastructure will not directly result in a service changes due to efficiently, economy or effectivity and therefore formal consultation is not required. However, the County Council was actively involved in an industry consultation exercise that took place in 2015 prior to publication of the Code of Practice:
§During February and March of 2015, a series of workshops were held in England, Scotland and Wales. The workshops offered participants, including representation from KCC, the opportunity to express their views on the review and influence the contents of the Codes.
§A full draft of version 2 of the revised Code of Practice was circulated in the summer of 2015 for comment. The consultation saw response from all parts of the maintenance sector, with more than 600 comments received from organisations, representing not only highways, structures and lighting practitioners, but also views from professional institutions, user groups, risk, legal and insurance backgrounds. KCC provided a full response to this consultation.
It is planned that the proposed decision will be discussed by the Environment and Transport Cabinet Committee on 13July 2018.
Financial implications: The cost of implementing The Code of Practice is estimated to be £140k including staff time, project management and ICT development. Once implemented there will be no directly attributable financial implications because the code does not prescribe specific service standards. However, the process for budget setting and making investment decisions will be enhanced, supporting the County Council’s vision to ensure that “every pound spent in Kent is delivering better outcomes for Kent’s residents, communities and businesses”. Failure to adopt The Code of Practice has the potential to compromise the County Council’s ability to defend claims and demonstrate our defence of implementing all reasonable measures to meet with our statutory obligation. The financial implication of this would be increased numbers of settled claims however it is not possible to forecast the scale at this time.
Legal implications: 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 as with Well Maintained Highways, the new code will be deemed to be guidance on best practice by the courts. Our ability to show that we are not a negligent highway authority and demonstrate our defence of 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. If KCC decide not to accept the recommendations of the Code, the reasons for doing so would need to be clearly documented and approved.
Equalities implications: Adopting the principles of the code will promote documented consideration of all the implications pertaining to service level decisions including the Public Equality Duty.