Decision Maker:

Outcome:

Is Key Decision?: No

Is Callable In?: Yes

Date of Decision: March 12, 2025

Purpose:

Content: Salford City Council - Record of Decision   I, Councillor Mike McCusker, Lead Member for Planning, Transport & Sustainable Development, in exercise of the powers contained within the Council Constitution, do hereby approve:   The 2025/26 CRSTS Consolidated Highways Programme   The Reasons are: To enable the delivery of the projects detailed within the programme in the 2025/26 financial year.   Options considered and rejected were: N/A   Assessment of Risk: Failure to spend Capital Allocations on initiatives in line with Government guidelines may impact on future settlement levels, both for the City Council and for AGMA as a whole   The source of funding is: 2025/26 CRSTS Consolidated Highways   Legal Advice obtained: Supplied by Tony Hatton, Principal Solicitor Date: 18/02/2025 Under Part V of the Highways Act 1980 (“the Act”), the Council acting in its capacity as the highway authority, shall have general and express powers in relation to any highway maintainable at public expense by them, any work for the improvement of the highway other than the work of lighting which is expressly provided for under Section 97 of the Act.   Under s41(1) the Act the authority who are for the time being the highway authority for a highway maintainable at the public expense are under a duty subject to subsections (2) and (4) to maintain the highway. Subsection (2) and (4) do not apply to the proposals contained within this report.   Under s329 of the Act ‘maintenance’ includes repair. In that regard, there are no legal implications as the Council, as highway authority, is acting within its powers. However, failure to maintain the highway may have adverse implications. The proposals in the report for the programmes, once finalised scheme details within each of the specified categories of work have been submitted, will strengthen the Council’s position in defending 3rd party highway/tripping claims. Whilst it is legally accepted that it is not possible to maintain the highway completely free of all defects, section 58 of the Highways Act 1980 provides a possible defence to a claim if it can adequately show that there was a sufficiently robust regime in place to inspect and maintain the highway provided it is adequately carried out and the Council had no prior knowledge of the defect before an alleged incident. The proposed schemes will also improve road safety, pedestrian/public safety, and encourage the further use of safer cycle routes.   In relation to any proposed Traffic Regulation Orders, these should not give rise to any legal implications provided the works are carried out in accordance with the appropriate statutory requirements set out in the Road Traffic Regulation Act 1984.   The proposed dropped crossings can be introduced without delay because no Traffic Regulation Order is required for these. To ensure all users have the ability to safely access and use dropped crossing facilities that the Council has installed, the Council has powers subject to exemptions under the Traffic Management Act 2004 to fine and remove vehicles that are parked at dropped crossings within any special enforcement area. However, the Council must ensure that the public are aware of the new restrictions before starting enforcement.   When commissioning contracts for the procurement of goods, services or works the City Council must comply with the requirements of the Public Contracts Regulations 2015 (PCR) and its own Contractual Standing Orders (CSO’s), Financial Regulations, and duties of Best and Social Value.   Depending on the value of the works to be undertaken under the various schemes as part of the CRSTS Consolidated Highways Maintenance Programme as set out in the body of the report and detailed in the Appendix, the Council may appoint contractors under relevant lots of the SCC Technical and Highways Works Framework in line with the procedures specified. Other routes to market such as alternative frameworks or a standalone contract procurement process may also be considered, depending on the most appropriate in the circumstances, and CSO’s/PCR should be followed in those circumstances.   Should the value of any such individual project exceed £150,000, a separate report will need to be presented to Procurement Board for approval.   Financial Advice obtained: Supplied by Adam Flaherty, Senior Accountant Date: 22/02/2025 The proposed programme of expenditure identified within this report will be met from the CRSTS Highways Consolidated Highways capital allocation 25/26.   All expenditure should be closely monitored to ensure that these schemes are delivered within the allocated resources.   Procurement Advice: Supplied by Heather Stanton, Category Manager 17th February 2025 There are various routes to market available for the aforementioned schemes, specifically SCC’s Technical and Highways Works Framework.   Where works are deemed unsuitable to be procured via the Technical and Highways Works Framework, the procurement team will work closely with the commissioning team to determine the most appropriate route to market.   As part of the Council’s Innovate program and budget challenges over the next three years, the commissioning team should consider efficiencies and savings opportunities as part of this procurement activity.   HR Advice obtained: N/A   Climate Change Advice obtained: N/A – The assessment of climate change implications will be carried out on a project-by-project basis.   The following documents have been used to assist the decision process: Lead Member Report   Contact Officer: Stephen Hands           Email: stephen.hands@salford.gov.uk             This decision is not subject to consideration by another Lead Member.   The appropriate scrutiny panel to call-in the decision is the Growth and Prosperity Scrutiny Panel.     Signed: Councillor Mike McCusker                                               Dated: 12th March 2025 Lead Member for Planning, Transport & Sustainable Development     This decision was published on 14th March 2025.                                               This decision will come into force at 4.00 p.m. on 21st March 2025, unless it is called-in in accordance with the decision-making process rules.