{
  "url": "https://openlegislation.uk/a303-sparkford-to-ilchester-dualling-development-consent-order-2021/schedule-8/paragraph-50",
  "json_url": "https://openlegislation.uk/a303-sparkford-to-ilchester-dualling-development-consent-order-2021/schedule-8/paragraph-50.json",
  "legislation": "uksi/2021/125",
  "legislation_title": "The A303 Sparkford to Ilchester Dualling Development Consent Order 2021",
  "legislation_url": "https://openlegislation.uk/a303-sparkford-to-ilchester-dualling-development-consent-order-2021",
  "path": "schedule/8/paragraph/50",
  "kind": "paragraph",
  "number": "50",
  "heading": null,
  "text": "(1) The undertaker must, within 3 months of the date of approval of plans showing the limits of responsibility for the operational maintenance of the Works under requirement 13, prepare a list of assets not previously forming part of the local highway for which the local highway authority will be responsible for maintenance following completion of the Works.\n(2) The undertaker must use reasonable endeavours to agree a schedule of items on the list agreed under sub-paragraph (1) which are Non-standard Highway Assets having regard to the following—\n(a) standard highway assets include—\n(i) carriageways surfaced in concrete asphaltic materials (non-pigmented binder and non-coloured aggregates);\n(ii) carriageways in shared surface roads, courtyards and housing squares surfaced in 200mm x 100mm x 80mm rectangular concrete block paving (optional);\n(iii) footway surfaced in concrete asphaltic materials (non-pigmented binder or coloured aggregates);\n(iv) footways adjacent to block paved carriageways also surfaced in 200mm x 100mm x 65mm thick concrete block paving (optional);\n(v) cycleways surfaced in concrete asphaltic materials (red pigmented binders and/or aggregates);\n(vi) pre-cast concrete kerbing;\n(vii) gully drainage, connection pipes and gravity draining highway carrier drains;\n(viii) galvanised pedestrian guard railing;\n(ix) standard highway lighting layouts, columns and lanterns;\n(x) standard illuminated and non-illuminated highway signs;\n(xi) passively safe sign posts where required for road safety;\n(xii) bollards and markers posts manufactured from plastic derivatives or recycled plastic/rubber;\n(xiii) road markings;\n(xiv) grass verges;\n(b) Non-Standard Highway Assets include—\n(i) any culvert, bridge, retaining wall or other structure\n(ii) special features such as noise fencing, vehicle restraint barriers, pedestrian guard railing, knee rails and fences, gates\n(iii) landscaping features such as planting, trees, hedging\n(iv) sustainable drainage systems (“SuDS”) or non-standard highway drainage features such as—\n(aa) flow control devices and attenuation storage;\n(bb) SuDS including maintenance of any landscaping;\n(cc) oil or petrol interceptors including the disposal of contaminated waste;\n(dd) pumping stations and their energy charges;\n(ee) watercourses and swales.\n(3) Where the schedule prepared under paragraph (2) cannot be agreed, the determination of the schedule will be referred to arbitration under article 45 (arbitration).\n(4) Following agreement of the schedule under sub-paragraph (2) or determination under sub-paragraph (3), the local highway authority must prepare a calculation of the Commuted Sum based on the maintenance the local highway authority considers to be required for the schedule of Non-Standard Highway Assets agreed under sub-paragraph (2) or determined under sub-paragraph (3) and must use reasonable endeavours to agree it with the undertaker.\n(5) The undertaker must be provided with a complete breakdown of the calculation of the Commuted Sum by the local highway authority under sub-paragraph (4) including any assumptions used.\n(6) Where the calculation prepared under sub-paragraph (4) cannot be agreed, the determination of the Commuted Sum will be referred to arbitration under article 45 (arbitration)\n(7) The undertaker must pay the Commuted Sum to the local highway authority in one instalment within 10 working days of the later of—\n(a) the date of completion of the authorised development; or\n(b) the date of agreement of the value of the Commuted Sum under sub-paragraph (4) or determination under sub-paragraph (6).",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 8 para. 50 in force at 19.2.2021, see art. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2021/125/schedule/8/paragraph/50",
    "retrieved_at": "2026-10-28T22:17:42.465907+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}