Appendix 1a HIGHWAY STRUCTURES COMMUTED SUMS REPORT 1.0 Background 1.1 A commuted sum is a calculated sum of money necessary to compensate for the transfer of a liability from one organisation to another. 1.2 The commuted sum for a highway structure should cover the future costs of regular inspections, maintenance, repair and eventual reconstruction. 1.3 There are two primary situations in which a local authority may wish to charge a commuted sum: adoption of a highway structure (bridge, retaining wall or culvert) under Section 38 or 278 of the Highways Act 1980; transfer of a highway structure from another public body or from private ownership to the highway authority 2.0 Current Situation 2.1 Trafford Council only charges a commuted sum on an ad hoc basis for the adoption of highway structures (adopting some structures but not others depending on individual circumstances). 2.2 Leaving highway structures unadopted can lead to problems for highway users in the future. This has been recognised by some highway authorities, which adopt all new highway structures proposed under section 38 and 278 agreements. 2.3 The Department for Transport recommends that commuted sums should be charged for highway structures such as Bridges, retaining walls and culverts. 3.0 Calculation of Commuted Sum 3.1 Network Rail has developed a nationally recognised method for calculating commuted sums. 3.2 An example showing how a commuted sum is calculated using this method is shown in Appendix A. On average the commuted sum is usually between 1020% of the construction cost. 4.0 Option 1: Status Quo This allows the Council discretion when deciding which highway structures should be adopted. This is currently the case and decisions are based on individuals’ appraisals. It can however be very difficult to agree the cost of commuted sum when the commuted sum hasn’t been clearly identified in the Council’s Charges Report. Unadopted structures are a potential problem from a health and safety point of view in the future if the developer fails to maintain. Appendix 1a 5.0 Option 2: Introduce Charges For All Highway Structures 5.1 The current revenue budget for bridges is only £55k/annum. If a return of between 10-20% of the cost of new highway structures constructed as part of section 38 or 278 agreements could be secured, the additional income would significantly support the maintenance of the Council’s existing highway structures maintenance budget. 6.0 Recommendation 6.1 The permutations for income generation are endless (not least the number and size of new section 38 and 278 highway structures per year). Any adjustments to budgets would have to be based on a trial basis. 6.2 A clear charging policy would remove the need for individual appraisal to be carried out and provide a clear charging mechanism for developers to follow. 6.3 Invariably there is also a risk that developers responsible for privately owned highway structures will disappear over the years leaving the Council in dispute with its own Council Tax payers. 6.3 The recommendation therefore is that option 2 should be approved. Appendix 1b APPENDIX 1b – CALCULATION OF COMMUTED SUMS 1. Method The following method, which is a nationally recognised method originally developed by Network Rail shall be used to calculate commuted sums to cover the future costs of regular inspection, maintenance, repair and eventual reconstruction of a highway structure. a) Estimate/obtain the cost of constructing the highway structure and for bridges split this up into cost of substructure and superstructure. The costs of piling (excluding that portion of any pile that remain above foundation level as part of the substructure), earthworks (excluding any reinforced fill), services and the proportion of contract preliminaries applicable to these items shall not be included. The cost shall be increased by 12% to allow for the design and supervision of maintenance and renewal works and by another 7% for railway bridges to allow for Network Rail charges. b) Calculate the annual cost of maintaining and renewing the highway structure by applying the following percentages as may be appropriate to the estimated/actual cost of each part of the highway structure obtained in (a) above. These percentages are to be taken as applying to the various types of sub or superstructure as a whole, e.g. the percentage appropriate to an encased steel superstructure of Type 2(1) (i.e. 1%) would be applied to the whole superstructure and not confined to the steel portion of it. Substructure of Bridges, Box Type Structures and Retaining Walls Mass concrete, brick or masonry (not applicable to mass concrete abutments relying for stability on strutting support of superstructure in which case use 0.375% Reinforced concrete/brickwork 0.75% Cast Iron 0.375% Encased steelwork and wrought iron 0.625% Exposed steelwork and wrought iron 1.5% Reinforced Earth 0.75% Reinforced concrete box type structures 0.8% 0.75% Appendix 1b Superstructure of Bridges Encased steel and wrought iron:(1) Wholly encased (2) Partially encased:i) ii) 0.625% underside only of girders exposed, e.g. longitudinal girders with jack arches springing from bottom flanges 1% All other types 1.5% Cast iron 0.375% Exposed steelwork and wrought iron 1.5% Brick or masonry 0.5% Mass concrete 0.375% Reinforced concrete arches 0.75% Reinforced and prestressed concrete decks:i) Precast units 0.75% ii) Cast in-situ 1% Timber (c) Calculate the commuted sum by multiplying the annual cost of maintaining and renewing the structure calculated in (b) above by 28.5. The factor of 28.5 is based on the real rate of return on long term investments (i.e. after taking account of inflation) of 3½ %. The factor is obtained by dividing 100 by 3½%. 2%