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Section 58 Highways Act 1980

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Dear Derbyshire County Council,

I am one of the Councillors for Stenson ward in South Derbyshire. I have had a large number of complaints regarding the state of the roads in the ward. There are pot holes and surface damage. I have logged all these in the highways hub and await you to repair them. I urgently require the maintenance plan and inspection schedule as required in section 58 of Highway Act.
“A highway authority's duty under Section 41(1) of the Highways Act 1980, to maintain the highway was an absolute duty to keep the fabric of the highway in such good repair as to render its physical condition safe for ordinary traffic to pass at all seasons of the year.

Yours faithfully,
Cllr Lakhvinder Singh
Stenson Ward - South Derbyshire
07449712881

Access 2 Info (Commissioning Communities and Policy), Derbyshire County Council

Dear Cllr Singh,

I write to acknowledge receipt of your request for information received on 30 December 2019.

Your request will be dealt with in accordance with the provisions of the Freedom of Information Act 2000. Authorities are required to respond promptly to requests and in any event within 20 working days following the date of receipt. In your case we calculate this to be by 28 January 2020. However, we shall endeavour to deal with your request promptly, and if possible before this date.

Yours sincerely,

Business Services Assistant
Access 2 Information Team
Derbyshire County Council
County Hall
Matlock
DE4 3AG

Telephone: 01629 539336

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ETE FOI_EIR (Economy Transport and Environment), Derbyshire County Council

Controlled

 

Email:             [1][email address]

Our ref:           ES 8614

 

 

Dear Councillor Singh

 

Thank you for your request dated 30 December 2019.

 

Your enquiry was as follows:

 

I am one of the Councillors for Stenson Ward in South Derbyshire.  I have
had a large number of complaints regarding the state of the roads in the
ward. There are pot holes and surface damage.  I have logged all these in
the highways hub and await you to repair them. I urgently require the
maintenance plan and inspection schedule as required in section 58 of
Highway Act.

“A highway authority's duty under Section 41(1) of the Highways Act 1980,
to maintain the highway was an absolute duty to keep the fabric of the
highway in such good repair as to render its physical condition safe for
ordinary traffic to pass at all seasons of the year.

 

Please see the below Freedom of Information Act 2000 / Environmental
Information Regulations 2004 response:

 

This information is available to the public via our website. This can be
accessed using the link below;

 

[2]https://www.derbyshire.gov.uk/transport-...

 

There are a number of documents relevant to the question at the bottom of
the page in the 'related documents' section and particularly the 'Highway
Infrastructure Assets Safety Inspections Manual'.

 

If the information you require is not within the linked documents can you
please provide clarification about what you mean by ‘maintenance plan’?

 

Derbyshire County Council do not have an ‘inspection schedule’ as such as
there are a variety of inspection frequencies for the roads within any
given area and the next inspection is generated on a monthly basis to the
tolerances listed in the inspection manual.  These do not tie in with ward
boundaries as they are route based. Information regarding when inspections
were carried out and the defects recorded can be provided if specific road
names can be provided.

 

I hope this now satisfies your request.

 

However should you require a review of the response you have received to
your FOI/EIR request, please follow the procedure as set out below:-

 

Stage 1:

 

If you wish to challenge the response, please send your comments to, and
wherever possible, a copy of your request and the covering letter
enclosing the information or refusing your request to:

 

Access to Information Solicitor

Legal Services

Derbyshire County Council

County Hall

Matlock

DE4 3AG

 

Email: [3][Derbyshire County Council request email]

 

Stage 2:

 

After completing the above procedure, if you wish to challenge the
decision further, then you have a right to contact the Information
Commissioner’s Office as follows:

 

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

         

Telephone: Tel: 0303 123 1113/Fax: 01625 524510

ICO Weblink: [4]https://ico.org.uk/make-a-complaint/

 

Should you have further questions or queries, please do not hesitate to
get in contact. 

 

Yours sincerely

 

 

Access to Information

Economy, Transport and Environment

 

 

 

 

 

 

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from Derbyshire County Council.

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on our [5]website.

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this email?

Derbyshire County Council works to improve the lives of local people by
delivering high quality services. You can find out more about us by
visiting [6]www.derbyshire.gov.uk.
If you want to work for us go to our job pages on
[7]www.derbyshire.gov.uk/jobs. You can register for e-mail alerts,
download job packs and apply on-line.

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References

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2. https://www.derbyshire.gov.uk/transport-...
3. mailto:[Derbyshire County Council request email]
4. https://ico.org.uk/make-a-complaint/
5. http://www.derbyshire.gov.uk/action
6. http://www.derbyshire.gov.uk/
7. http://www.derbyshire.gov.uk/jobs
8. http://www.derbyshire.gov.uk/privacynoti...

We don't know whether the most recent response to this request contains information or not – if you are Lakhvinder Singh please sign in and let everyone know.