Kent Design - Technical Appendix - Kent County Council

Undertaker for the full protection of its mains, pipes, cables and
other apparatus during the progress of the works, and afford facilities
to properly accredited agents of such Undertakers for access to their
apparatus situated in, on or over the site as may be necessary for
laying, inspecting, repairing, maintaining, removing, renewing, or for
any other purposes.
The Developer shall make arrangements with the Undertakers and
others concerned, for the co-ordination of his work with all work
which needs to be done by them or their contractors concurrently
with the development.
The Developer shall make arrangements with the Undertakers and
others concerned for the phasing of all necessary disconnections and
diversions of private services affected by the development.
Disconnected apparatus can be removed by the Developer only with
the prior approval of the Undertaker concerned.
The Developer shall be responsible for any charges incurred in
respect of the making good of all damage and disturbance to
Undertaker’s plant occasioned by negligence on the part of the
Developer or his Contractor.
The Developer shall insure the whole of the works so that no liability
fails upon the Highway Authority. The Developer shall be fully
responsible for Undertaker’s work in adoptable areas.
3.1.1.10 CLEANING OF VEHICLES LEAVING THE SITE AND SITE MAINTENANCE
The Developer shall ensure that the site is maintained in a clean and
tidy condition and that the highways used by the public are kept free
from mud and filth. He shall ensure that all vehicles leaving the site
do so in a forward direction and with clean wheels so that mud or
debris is not carried out and deposited on highways and shall provide
such materials and labour as are necessary to ensure compliance with
this requirement. Prior to the issue of the Part II Certificate highways
used by the public within the site of the development on which snow
has fallen or on which ice has formed shall be treated in such a
manner as the Engineer may require.
3.1.1.11 NOISE AND SMOKE NUISANCE
The Developer shall conform to the requirements set out in Clause
109 of the Specification and the following:-
Without in any way limiting the liabilities or obligations imposed upon
the Developer elsewhere the following shall apply to the site, and to
the offices, workshops, maintenance compounds and batching plants
contiguous with the Site:-
• The Control of Pollution Act 1974, with particular
reference to the Control of Noise on Construction
sites (Part Ill, Section 60 and 61), the Control of
Noise (Code of Practice for Construction Sites)
Order 1975 (Statutory instrument 1975 No 21 15)
and B.S. 5228 Code of Practice for Noise Control
on Construction and Demolition Sites.
• Kent County Council’s Appendix 1/9 - Control of
Noise and Vibration.
• All vehicles and mechanical plant used for the purpose of
the development shall be fitted with effective exhaust
silencers and shall be maintained in good and effective
order so that extraneous noise from mechanical vibration,
creaking, squeaking etc. shall be reduced to a minimum.
• All compressors shall be ‘sound reduced’ models fitted
with properly lined and sealed acoustic covers which
shall be kept closed whenever the machines are in use
and all ancillary pneumatic percussive tools shall be fitted
with mufflers or silencers of the type recommended by
the manufacturer.
• Machines in intermittent use shall be shut down when
not in use or throttled down to a minimum as necessary.
The Developer shall furnish such information as may be requested by
the Engineer or the District Council Environmental Health Officer in
relation to noise levels emitted by constructional plant installed on
the site, or which it is intended to install on the Site, and shall afford
all reasonable facilities to enable them to carry out such site
investigations as may be necessary.
Special consideration shall be given when the site is near a school or
hospital and all equipment used on such a site must be to the
approval of the Engineer.
When burning on site, consideration must be given to the clear air Acts
and their regulations and the Environmental Protection Act 1990.
Waste must not be burnt within 100m of residential properties.
3.1.1.12 PUBLIC HIGHWAYS
The Developer will be held responsible for any damage caused to
public highways by construction traffic proceeding to or from the site.
For the purpose of Section 59 of the Highways Act 1980, construction
traffic will be classed as 'extra-ordinary traffic' on public highways.
Photographs shall be taken by the Developer in the presence of the
Engineer showing the condition of the existing public highways
adjacent to the site, and a schedule of defects agreed prior to works
commencing on site.
3.1.1.13 PUBLIC LIABILITY INSURANCE
Any contractor or other individual etc., working either under, on,
above or adjacent to the highway must indemnify the County Council
against all losses and claims for injuries or damage to any person or
property whatsoever which may arise out of or in consequence of
the works in question.
All persons wishing to undertake such work must demonstrate to the
Highway Unit that adequate Public Liability Insurance, with a
minimum level of cover of £5m, is in force.
3.1.1.14 OPENINGS AND REINSTATEMENTS
The permission of the Highway Authority is necessary before any work
or erection is commenced under, on, or over an adopted highway.
For all highways maintainable at the public expense, the
requirements of the Highway Authority for road openings and
reinstatement of trenches shall apply. The Engineer shall be consulted
regarding requirements.
The Developer will be held responsible for reinstating all openings
carried out as a consequence of the works in the proposed highway
until such time as the estate roads are adopted. The Developer of a
prospectively maintainable highway shall notify the various
Undertakers of their intention to elect to do the permanent
reinstatement of the street which shall be carried out in accordance
with the New Roads and Street Works Act 1991 ‘Specification for the
Reinstatement of Openings in Highways’.
Any road markings which are disturbed or obliterated as a result of
road openings shall be restored immediately on completion of the
reinstatement.
3.1.1.15 USE OF EXPLOSIVES
Explosives may only be used on the site if the prior written consent
of the Engineer has been obtained.
3.1.1.16 TRAFFIC SAFETY, MANAGEMENT, AND TEMPORARY DIVERSIONS OF
TRAFFIC
The Developer is responsible for the traffic safety, management and
associated work as described in Clauses 117 and 118 of the Specification
and in this paragraph. Furthermore, the Developer will be charged the
A G U I D E T O S U S T A I N A B L E D E V E L O P M E N T
Kent
Design
highways specification and construction
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