FOI Request - Road Bonds
Request 101003598706
1. the roads authority's policy or guidance for staff stating how it should calculate road bond/security values, in line with The Security for Private Road Works (Scotland) Regulations 1985
2. a link to the published policy or guidance referred to at 1.
3. the most up to date spreadsheet and/or rate card you use to conduct the calculation of road bond/security values, in line with The Security for Private Road Works (Scotland) Regulations 1985, particularly regulation 6
4. policy, guidance or internal memos which advise staff how to process and handle a request to “release an appropriate amount of the Road Bond in respect of a section of road within a Construction Consent” in line with the three stages outlined in paragraph 2.4.15 Release of Road Bond of the Scotsnet National Roads Development Guide and regulation 15 of The Security for Private Road Works (Scotland) Regulations 1985,
5. a list of the bond providers you will accept bonds from, and any special guidance which provides for how it will accept a bond from a foreign provider, including any covenant requirements.
6. an itemised list of all bonds and securities it has received (or has been lodged with the authority), in each of the last 10 years, detailing a) the value of that security or bond and b) the length of road that security or bond is to cover
7. an itemised list of all bonds and securities it has called up (i.e. in line with regulation 14 The Security for Private Road Works (Scotland) Regulations 1985), in each of the last 10 years
Response 25-07-2024
1. Road bonds are calculated using the form CC3 based on the roads construction costs supplied by Moray Council
2. This information is published on the Moray Council website and is therefore exempt under section 25 of the Freedom of Information (Scotland) Act 2002, information otherwise accessible. For ease of reference please find a link to the web page here: http://www.moray.gov.uk/downloads/file116053.pdf
3. This information is commercially sensitive. Disclosure of the requested information could substantially prejudice commercial interests and so it is exempt under section 33(1)(b) of the Freedom of Information (Scotland) Act 2002, commercial interests.
4. Generally the appropriate amount of bond is released at certain stages of the development. This is applied for by the developer using the form C5 Reduction in Bond form as follows:
• 50% on completion of the carriageway binder course and kerb log to the satisfaction of the Local Roads Authority’s Representative This application must include CCTV survey of surface water drainage systems that are under the carriageway, and are to be adopted by the Roads Authority.
• 20% on completion of the carriageway, footways and cycle tracks to prospectively adoptable standard, this option is only applicable where developments are greater than 1 phase
• 10% on completion of the carriageway, footways and cycle tracks to adoptable standard and are ready for the 12 month maintenance period to commence. This application must include PDF copies of the as-built drawings showing as a minimum: - carriageways, footpaths, cycle tracks, services strips, surface water drainage systems, all SUDS features. These drawings should also clearly show details of the future maintenance responsibilities stating the responsible party (e.g. Roads Authority, Scottish Water, Developer) A complete CCTV survey of the surface water system to be adopted by the Roads Authority should also be submitted with this application
5. Moray Council don’t have a set list of Bond Providers and would accept bonds from any valid provider. No special guidance on foreign providers etc.
6. & a) This information is commercially sensitive. Disclosure of the requested information could substantially prejudice commercial interests and so it is exempt under section 33(1)(b) of the Freedom of Information (Scotland) Act 2002, commercial interests.
b) Not held. We do not record the length of road the bond is held over. Information that is not held falls under Section 17 of the Freedom of Information (Scotland) Act 2002 - Information not held.
7. This information is commercially sensitive. Disclosure of the requested information could substantially prejudice commercial interests and so it is exempt under section 33(1)(b) of the Freedom of Information (Scotland) Act 2002, commercial interests.