PROTECTION OF THE PUBLIC
The Developer shall guard, fence, light and maintain all obstructions within or adjacent to an existing highway resulting from or in connection with the site works in accordance with the current requirements of Chapter 8 of the Traffic Signs Manual – Traffic Safety Measures for Roadwork’s (DfT) and Safety at Street Works and Roadworks – A Code of Practice (DfT)
PROTECTION OF EXISTING STRUCTURES, WALLS, FENCES ETC.
For all works within or adjacent to the public highway the Developer shall, during the progress of the works, make arrangements for the safety, protection and stability of all structures, walls, fences, hedges, trees, land drains, sewers and apparatus. The Developer shall also be responsible for rectifying or repairing at their own expense, any damage to private or public property that may have been caused by his operations. It shall be the responsibility of the Developer to satisfy himself as to the accuracy of any information, which may be made available by the Highway/Drainage Authorities and Statutory Undertakers.
PROTECTION OF WATER COURSES
The Developer shall be responsible for keeping existing watercourses clear and unrestricted where such operations interfere or have interfered with them in any way, and shall be held responsible for any flooding and damage caused by his failure to carry out these requirements. The Developer shall take all necessary precautions to prevent tar, oil, bitumen, cement or other polluting substance entering any watercourse or surface water sewer.
BCC has responsibility for consenting works that affect the flow of an ordinary watercourse under the terms of the Flood and Water Management Act 2010, Land Drainage Act 1991 and Water Resources Act 1991. An ‘ordinary watercourse' is a watercourse that is not part of a main river and includes rivers, streams, ditches, drains, cuts, culverts, dikes, sluices, sewers (other than public sewers within the meaning of the Water Industry Act 1991) and passages, through which water flows.
If your watercourse is part of a main river then you will need to apply for consent from the Environment Agency and not BCC. To identify whether your watercourse is a main river, visit the Environment Agency’s website and view their flood maps.
PROTECTION OF EXISTING TREES AND LANDSCAPING
The Developer shall take appropriate measures to ensure that all trees, hedgerows etc. required for retention are not to be removed or damaged by the works. Also refer to the Trees and Landscaping section in this guide.
CONTROL OF NOISE
The Developer shall comply with the general recommendations set out in BS 5228 – “A Code of Practice for Noise and Vibration Control on Construction and Open Sites” when working within or adjacent to the public highway.
Sections 60, 61 and 72 of the Control of Pollution Act 1974 (COPA)
Section 60 of COPA gives BCC the power to serve a notice imposing requirements as to the way in which construction works are to be carried out. BCC serve such notices usually when a noise complaint has been made about activities at the site, however BCC can serve such notices before any works have started.
BS5228 provides guidance to enable compliance with Section 60. Section 61 allows the person intending to carry out construction works to apply for consent to operate prior to any activity commencing at a site. The consent must detail the methods by which all noisy activities are to be carried out. Under Sec 72 a contractor must use “Best Practicable Means” to control noise on the site.
WORKING ADJACENT TO EXISTING HIGHWAYS
The Developer shall at all times take such precautions and adopt such measures as are considered necessary to ensure the safety and convenience of the public and owners and occupiers of affected property. He shall also reduce to a minimum, interference with the use of the highway access to private property. The safe passage of vehicles and pedestrians shall at all times be maintained throughout the construction period unless the highway is closed with the agreement of the council and by due statutory process. No work within the existing highway shall take place without the written consent of the council and the entering into of the appropriate agreement and issuing of a works licence or permit to work.
The line and level of the formation, side slopes, drains, carriageways and footways, etc. shall be carefully set out in accordance with the planning consent, to an approved method and frequently checked by the Developer to ensure that the gradients and cross sections are in accordance with the approved drawings or agreed variations.
COLD WEATHER WORKING
No material in a frozen condition shall be incorporated in the works and material for use in road pavements shall not be laid on any surface, which is covered with ice or snow.
Laying of bituminous materials in adverse conditions shall be in accordance with BS EN13108 and PD6691: 2010 – Guidance on the use of Bituminous Mixtures.
During all phases of construction it is important that the Developer ensures that the works are constructed in such a manner that they are not liable to damage during the remainder of the works and that they do not constitute a hazard. In particular, attention should be paid to carriageway construction layer levels in relation to manhole/gully covers.
ROUTING OF CONSTRUCTION VEHICLES
Before the commencement of the works, the Developer shall provide the council details of all routes and the location and details of temporary road signs to be used for construction vehicles gaining access to the site. In some cases, the route(s) will be controlled by a planning condition. The routes and signage shall be agreed with the council prior to commencement of work. It is recommended that the routes, or any agreed variations, are inspected by the Developer and a BCC representative in order to establish the existing condition of the roads prior to use by the construction traffic. The Developer will be required to remedy any damage caused or increased by construction traffic.
KEEPING HIGHWAYS CLEAN
It is an offence under the Highways Act (1980) to deposit mud etc. on a public highway. Prior to commencement of the works, the Developer shall, where required by a planning
Condition / site conditions provide within his site boundaries, vehicle and wheel cleaning apparatus to ensure that public highways affected by the site are kept clean. The Developer shall ensure that the facility is maintained in good and useable condition and that all vehicles use it before they leave the site. Any detritus that is deposited on the public highway that has originated from the Development shall be removed at the earliest opportunity.
PARKING FOR SITE STAFF (Construction Traffic Management Plan)
Prior to the commencement of the works, the Developer should provide adequate parking facilities within the site boundaries for all site personnel vehicles. The Developer should ensure that all site personnel use the parking facility and that they do not park on the public highway when attending the site. These stipulations may be required by a planning condition.
Helpful advice for entering into S278 and/or S38 Agreements with Birmingham City Council:
- Before you begin
- Summary - traffic management application process/work types/coordination and noticing of works
- Work in progress - unforeseen issues, changes to proposals, information required from works promoter
- Temporary traffic management audit - general requirements/specific precautions
- General Requirements - Construction
- Development Permits and Section 50 Licences
- Access to Further information - traffic management and streetworks
- Useful contact Details - the council and other organisations
- Reporting a Fault and Online Forms
- Private Development Section Home Page
- Adoption of Highways
- Agreements under Section 278
- Bond (Surety)
- Considerate Contractors Scheme
- Contact Us
- Creation of New Public Highways (Section 38 Agreement)
- Development Permits
- Environmental Protection
- Highway Design and Technical Approval
- Highway Lighting
- Highway Safety
- Road Making (Costs)
- Safety Audits
- Site Inspection
- Technical Documents
- Traffic Regulation Orders
- Works Notices and Traffic Management during the Works