Our Ref:         FOI-3387-1819

Thank you for your request received on 11 March 2019 asking for further information about road bonds.

Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy. I can confirm we hold some of the information you require. You asked:

Please could you confirm what are the individual elements that your Authority includes within their bond requirement for all highways work for S278 and S38 agreements? - could you please specify, Do you include for maintenance or for commuted sums for example or is it purely for making good any works should the developer not complete the development?

Commuted sums for maintenance are not included in the bond that we take from developers for our s38/s278 agreements. If a commuted sum is payable, this is collected separately. From the bond, TfL may draw such sum as TfL certifies is necessary in order to complete the Works or remedy any defects or any default of the Developer in the performing of its obligations such sum to include TfL’s necessary administrative expenses.

In relation to question 3, Please could you provide an average value for bond provision for S278 and S38 agreements? - Please provide average value of bond for the last 3 years.

For agreements signed in the last three years (from March 2016 to present), the average bond provision was £168,510.80 (based on 98 schemes).

In relation to question 5, Please could you confirm your inspection fee or percentage applicable relevant to the bond provision for S278 and S38 agreements? - Please could you confirm your inspection fee or percentage applicable relevant to the bond provision for S38 agreements

We do not hold this information as we have no standalone s38 agreements. Where the s38 forms part of the s278 agreement, we do not charge an inspection fee or a specific percentage in the bond provision for the s38 element.

If this is not the information you are looking for please feel free to contact me.

Please see the attached information sheet for details of your right to appeal.

Yours sincerely

Gemma Jacob
Senior FOI Case Officer
FOI Case Management Team
General Counsel
Transport for London
[email protected]