Leeds lane rental scheme

Introduction

The Leeds Lane Rental Scheme (LLRS) has been introduced to enable Leeds City Council (LCC) to support their duty to co-ordinate and manage all street and road works, also known as activities, on the highway, in order to minimise disruption.

The LLRS will also support the Connecting Leeds Transport Strategy and the West Yorkshire Transport Strategy 2040.

Combined, these documents set out the aims and ambitions for transport within the Leeds District as well as regional interventions which will improve connectivity across West Yorkshire and the rest of the north of England. The documents are also reflective of national transport policy including major national rail projects.

The West Yorkshire Combined Authority’s (WYCA) Transport Strategy 2040 has details of how WYCA and local authorities intend to create a world-class, modern and integrated transport system. The strategy supports the Leeds City Region Strategic Economic Plan and is focused around 6 core themes which include:

• inclusive growth, environment, health and wellbeing
• road network
• places to live and work
• one system public transport
• smart futures
• asset management and resilience

To realise our ambitions for the region, the transport strategy must address the following objectives:

• economy: create a more reliable, less congested, better connected transport network
• environment: have a positive impact on our built and natural environment
• people and place: put people first to create a strong sense of place For the Road network, our ambition is for an efficient, safe and reliable road network for all users that creates new opportunities for jobs and housing

For the road network, our ambition is for an efficient, safe and reliable road network for all users that creates new opportunities for jobs and housing.

We aim to deliver a step-change in the reliability of journey times for people and goods, and to provide high quality infrastructure for all users.

The LLRS is expected to become operational in mid-2026.

Objectives and principles

The LLRS seeks to limit the amount of disruption to Leeds roads by encouraging the undertaking of activities at the least disruptive time for road users, and for the early completion of works.

The LLRS is designed to limit the carrying out of activities at specified locations by applying a daily charge for any part(s) of the day that the highway is occupied by the activities during chargeable hours.

The daily charge will not apply if the activities take place outside of the specified traffic sensitive times.

The LLRS therefore provides a mechanism for providing all activities’ promoters with an incentive to change behaviour and minimise their occupation of lane rental streets at the most traffic sensitive times which are the most critical parts of Leeds’s highway network.

The LLRS applies the following guiding principles:

• the cost of disruption from activities on the highway network must be recognised
• inconvenience to all people using a street must be minimised, but especially for people with particular accessibility requirements, and also other vulnerable road users such as people walking or cycling

The objectives of the LLRS are to:

• apply the scheme to all work promoters on a consistent basis
• promote behaviour change to minimise the duration of occupation of the highway at the busiest locations at the most traffic sensitive times
• minimise the number of works taking place during the most Traffic Sensitive times; and
• contribute to reducing disruption to all road users

Leeds City Council will measure these objectives and evaluate whether they are being met.

The means by which that will be achieved are set out in the evaluation and governance section of the LLRS below.

National infrastructure

The LLRS will support, wherever possible, UK national infrastructure projects including:

• airport expansion
• high speed rail
• nationwide full fibre broadband by 2033
• half of the UK’s power provided by renewables by 2030
• three quarters of plastic packaging recycled by 2030
• preparing for 100 per cent electric vehicle sales by 2030
• ensuring resilience to extreme drought; and
• a national standard of flood resilience for all communities by 2050

Improvements expected

The expected improvements from the LLRS are:

• behavioural changes that minimise the duration of occupation of the highway at the busiest locations at traffic sensitive times
• reductions in the number of works taking place during traffic sensitive times; and
• contributions towards maintaining or improving journey time reliability on the highway network

Regulatory compliance

The New Roads and Street Works Act 1991 (NRSWA), as amended by the Transport Act 2000 and the Traffic Management Act 2004 (TMA), contains provision for highway authorities to operate lane rental schemes that involve charging promoters for the time their street or road works occupy the highway.

The LLRS, which applies charges determined by reference to the duration of works, is based on the Street Works (Charges for Occupation of the Highway) (England) Regulations 2012 (the “Lane Rental Regulations”) made under Section 74A, and is designed to operate in conjunction with Section 74 of NRSWA, and the Traffic Management (Leeds City Council) Permit Scheme Order 2020 (“LPS”), subject to certain exemptions on charges and fees contained within the scheme.

The regulations are the Street Works (Charges for Occupation of the Highway) (England) Regulations 2012 ("the regulations") made under Section 74A of NRSWA.

NRSWA contains provision for 2 forms of charge for works:

• Section 74 – charge for occupation of the highway where works unreasonably prolonged; and
• Section 74A – charge determined by reference to duration of works

The power for local authorities to implement lane rental schemes in England is subject to the approval of the Secretary of State.

The prescribed charge in the regulations is the charge multiplied by the number of days, including part days, comprising the duration of the works.

Section 59 of NRSWA places a duty on highway authorities to co-ordinate works of all kinds on the highway.

Equally important is the parallel duty on works promoters to co-operate in this process under Section 60 of NRSWA.

As well as the duty to co-ordinate under Section 59 of NRSWA, Leeds City Council has a duty under Section 16 of the TMA to manage its road network (the Network Management Duty) with a view to achieving, so far as may be reasonably practicable, having regard to its other obligations, policies and objectives, the following overriding objectives:

• securing the expeditious movement of traffic on the authority’s road network; and
• facilitating the expeditious movement of traffic on road networks for which another authority is the traffic authority

In preparing the LLRS, Leeds City Council has had regard to the requirements of the Public Sector Equality Duty under section 149 of the Equality Act 2010.

In accordance with the DfT’s Guidance for Lane Rental Schemes, LCC has consulted with all relevant stakeholders during the development of the LLRS.

Scope of the scheme

The LLRS has been designed to ensure that charges are only applied when works promoters occupy the highway at traffic sensitive times and to allow exemptions or reduced charges to encourage promoters to adopt less disruptive working practices.

Promoters

The LLRS and the associated charging regime applies to all promoters.

Specified works

The LLRS applies to all works, as defined in the Glossary, that require a permit under the relevant section of the LPS, are executed under a NRSWA Section 50 licence, or are executed under an agreement pursuant to Section 278 of the Highways Act 1980 or are executed under an agreement pursuant to Section 106 of the Town and Country Planning Act 1990.

Diversionary Works, as defined in Regulation 2(1) of The Street Works (Sharing of Cost of Works) (England) Regulations 2000, and necessary because of major works promoted by the Highway Authority, will not be liable to lane rental charges.

In addition, unless covered by an exemption, any works would be liable to lane rental charges. Exemptions are shown below.

The LLRS applies to works in a carriageway or a cycle track, or where works in a verge or on a footway encroach on a carriageway or a cycle track.

The LLRS does not apply to works that are carried out in a verge or on a footway of a lane rental chargeable street that does not involve any occupation of a carriageway, a cycle track, (such occupation includes use by any associated plant, vehicles, or materials, or for any temporary arrangements for providing a walkway for pedestrians, as a result of, or as part of the works).

Specified locations

Under the DfT’s Lane Rental Guidance Document, lane rental charges are to be targeted at the most critical parts of an Authority’s highway network, which are streets where evidence shows that works in the highway cause the highest levels of disruption and thus require the greatest efforts to manage the impact the works may have on pedestrians, cyclists, buses, freight or other general motor vehicles.

The streets selected on the Leeds highway network are those where the lane rental charge will, by encouraging behaviour change, have the most effect in reducing disruption and the cost of disruption.

The LLRS will apply at the specified locations that are designated as a lane rental record within the current version of Leeds’s Additional Street Data (ASD) file. This is published on the National Street Gazetteer hub (as defined in the Glossary).

The lane rental designation record will identify:

• if it applies to the whole street or part street
• if it applies to the carriageway or cycle track
• if it is a tidal record, it will identify the direction affected and the lane rental operational times, for example eastbound from 6:30am to 9:30am
• the days and times when lane rental will apply
• the applicable charge

Leeds City Council will also publish a standard data set derived from the ASD file that spatially defines the specified locations that can be uploaded into industry or corporate geographical information systems.

Specified days and times

Lane rental charges under the LLRS will apply to specified locations at specified days and times detailed in the ‘LLRS list of lane rental streets’.

No charges will apply on Christmas Day or Boxing Day.

Leeds City Council will confirm future charging arrangements for any ad-hoc or new public or bank holidays designated over the life of the LLRS.

The LLRS has been developed with a regional approach in mind so that consistency for promoters is established across the West Yorkshire area. As a consequence, at the very widest extent, charges can apply from 6am to 10pm in some districts in West Yorkshire, but not all. Lane rental charges will only apply during the specific time periods identified in the traffic sensitive streets list of streets for each district authority.

Works by Leeds City Council or third-party developers

Works carried out by or on behalf of Leeds City Council, including those by third party developers pursuant to an agreement under Section 278 of the Highways Act 1980, fall outside of the scope of 74A of NRSWA.

However, since it is Leeds City Council’s intention to minimise all disruptive occupation of the critical parts of the Leeds highway network, as part of the LLRS, Leeds City Council will apply the same lane rental charge to its own works and works carried out under a Section 278 Highways Act agreement, as it does to statutory undertaker works.

Emergency works

Emergency works that must be carried out during the charging period to avoid significant danger to public safety or significant damage to property will be provided with a ‘lane rental charge free period’ to enable the emergency works to be dealt with.

The lane rental charge free period shall begin from the start of the emergency works and shall apply for a period of 48 hours after which time the normal lane rental rules for the location will apply.

In order to minimise disputes, works promoters claiming this waiver must, when requested by Leeds City Council, provide documentary evidence of the nature of the emergency before the waiver will be granted.

This evidence will need to be sufficient to demonstrate the works categorisation as emergency works.

Permit scheme

Under the existing Leeds Permit Scheme (LPS), anyone intending to carry out activities on the highway must apply for permission from LCC in advance of the activities.

Leeds City Council has operated the LPS on its highway network since March 2020 and all provisions of that scheme and those set out under Section 50 of NRSWA apply to the LLRS.

The LLRS is designed to work in conjunction with the LPS to complement the powers provided within the LPS.

The operation of the LLRS will complement the Leeds permit scheme. The information provided in a permit application and relevant notices, subject to any agreed correction, will be used to determine any daily lane rental charges.

Permit application on a lane rental street

As the content of the permit application will determine whether the planned or immediate works is within the scope of the LLRS it is imperative for the promoter to include accurate details for location and duration, including times.

For all permits where the LLRS applies, the permit authority will assume the activity is subject to the LLRS. If the promoter intends to work under a waived or reduce lane rental charge within the LLRS, they must include relevant text in their permit application.

Permit variations

The LPS allows for a promoter to vary a permit in instances where unforeseen circumstances prevent the completion of an activity within the agreed times and where the activity may extend beyond the reasonable period.

If the variation will result in the activity taking place in a different lane rental charging band to that of the original activity, then this must be clearly indicated on the permit variation application.

Promoters should also indicate any instances where the revised activity will result in work being carried out in a lane rental chargeable area for any part of the activity duration.

Highway authority imposed changes

In any instances where the permit authority issues a highway authority imposed change to a promoter which results in an activity becoming subject to the scope of the LLRS, or an increased rate of LLRS charge, no new charge or any increase in charges will be applied as a result of the permit authority’s instruction.

Permit fees

A permit fee will not be charged where an activity is liable to a LLRS charge.

The LPS related process and procedures as defined in the Leeds permit scheme are integral to the LLRS.

Where an activity is not liable for a LLRS charge, then the relevant permit fee will apply.

Where a permit fee has been applied but it is discovered, without a promoter variation, that the activity carried out by the promoter should have been subject to a LLRS charge, then all permit related fees will be returned and LLRS charges applied.

Lane rental charges

In accordance with the regulations and the scope of the LLRS, LCC will apply a daily rate of charge for the duration of the specified works carried out by the undertaker of the activities for the promoter of the activities at the specified location during the specified times and days.

Calculating the charge

To calculate the daily rate of charge, other than for emergency works, the duration of the activities shall begin on the date specified in the actual start of works notice and end on the date specified in the works stop notice, the date activities ended.

For emergency works, the charges will apply on and from the third calendar day of occupation – taking the works start as stated within the relevant permit application and ending on the date stated on the relevant Section 74 works clear, works closed or works stop notice.

Promoters are strongly encouraged to consider the carrying-out of emergency works outside of specified times or days wherever possible.

When calculating the actual work start and finish dates for all activities, the permit authority or the promoter may provide additional information to prove a variation to the duration of the works and/or activity type, if different to any submitted application or notice.

In all circumstances any LLRS charge will be applied according to the actual occupation and activity.

Section 74 overrun charges will apply in accordance with the Section 74 regulations following the end of the agreed reasonable period, in addition to the LLRS charges.

Charge categories

The regulations allow for a prescribed daily rate of charge, which may be waived or reduced in particular cases.

In accordance with the regulations and with consideration to the objectives of the LLRS, there are a range of charge categories depending on the traffic control type, works type, location, times and days of work.

The ‘LLRS list of lane rental streets’ and ‘LLRS charges policy and table’ sets out the traffic control type, works type, location, times and days of work and any applicable charge.

If an activity spans more than one traffic control type at any time during the duration of the activities, then the daily rate of charge will apply for the days the different traffic control type is in place.

In instances where the works have fully moved to a lower traffic control type, thereby changing the charging to be applied, the promoter must submit a timely permit variation. If the permit variation is solely for the purpose of notifying that the works have transferred from one traffic control type to another then this permit variation would not be subject to a permit fee.

For the calculation of charges in such instances the permit authority will determine the timings for such changes based on the receipt of the associated permit variation.

Exemptions

No charges will apply on Christmas Day or Boxing Day.

Charges will be waived for a period of 48 hours for emergency works after which time the normal lane rental rules for the location will apply.

Certain types of works are exempt from lane rental charges under the LLRS as follows:

• works which are confined to a verge or footway with no impact on the carriageway or cycle track at a specified location
• works in a specified location, other than at a specified time

If one of the above applies, the activities promoter must record the appropriate lane rental charge waiver or exemption in the permit application and, if possible, works clear, works closed or works stop notices.

Failure to do so will result in appropriate action being taken.

Lane widths

The minimum acceptable lane widths allowable under the LLRS will be as defined in ‘Safety at street works and road works: a code of practice’ or otherwise in any superseding code of practice as that suitable for ‘normal traffic including buses and HGV’;

Lane rental charges will not be applied to works which do not reduce the number of lanes, or prescribed width, available to traffic or if normal traffic flows can be maintained.

Variations to lanes available within an activity

In such instances where the reduction of lane width changes during an activity, the promoter must submit a permit variation to the permit authority clearly indicating the change applied at the relevant time the change is made. There will be no permit fee for such variations.

For the calculation of changes in such instances the permit authority will determine the timings for such changes based on the receipt of the associated permit variation.

Works spanning multiple streets

Consideration will be given to applying a single charge at the highest applicable daily charge, where a set of works span multiple streets, but only on condition that the works only impact traffic travelling in the same direction when passing the works. For example, traffic travelling from west to east along the same length of road.

Highway occupation

Without exception, works will be defined as complete when the promoter has completed any required reinstatement and:

• removed all signing, lighting and guarding in respect of the works; and
• removed all remaining spoil, unused materials and other plant in respect of works; and
• returned the highway fully to public use (normal traffic capacity)

Remedial works

Remedial works carried out at traffic sensitive times at specified locations to rectify defective reinstatements on the carriageway or on the footway or verge which impacts on the carriageway will be subject to the maximum daily charge for the applicable band.

Reduced charges

In accordance with the lane rental regulations, Leeds City Council may waive or reduce lane rental charges as it deems appropriate.

Details of when charges may be waived or reduced can be found in Leeds City Council’s currently published ‘LLRS charges policy and table’.

An application to waive or reduce charges must be made and agreed in advance of the works commencing by submitting a ‘waiver / charge reduction request’ electronically or via a form available from Leeds City Council.

Collaborative works

Any opportunity for two or more promoters to collaborate their activities to reduce the occupation of the highways is strongly encouraged.

Collaborative works that are carried out concurrently and/or consecutively by 2 or more works promoters at the same location can apply to have charges reduced for the period of collaboration.

In such circumstances, where works are carried out at the same location by 2 or more promoters concurrently, the daily charge rate will be split between the associated promoters following confirmation and acceptance in writing by all parties.

This equates to a minimum of a 50% charge reduction for collaborative working for each promoter.

In some instances, charges may be reduced for collaboration where the works originate from 2 distinctively different operational divisions of the same organisation.

Major infrastructure improvements

Consideration will be given to reducing charges for major infrastructure projects that deliver significant highway infrastructure improvements, substantially extend/renew the longevity of an asset, or future proof a highway to protect it from being excavated again.

Please see the Leeds City Council’s currently published LLRS charges policy and table.

Monitoring activity

The calculation of the daily rate of charge, in most circumstances, is based on the dates specified in the relevant Section 74 notices.

If during the monitoring of activities on the highway, the permit authority obtains evidence that the actual activity carried out by the promoter varied from the notices received and as a result became subject to a daily rate of charge, then all relevant LLRS charges or permit fees will apply.

The permit authority recognises the effect that unforeseeable circumstances can have on the carrying out of activities and will always consider fairness and any impact when taking appropriate action.

In such circumstances the promoter is advised to contact the permit authority at the earliest opportunity to inform them of the reasons for change and to discuss mitigating action being taken to prevent any unnecessary disruption to the highway.

In all circumstances of monitoring activity, if the permit authority considered that an offence has been committed by the promoter they may consider applying any relevant sanction or pursuing a prosecution.

Charges may be discounted where works promoters who have a statutory right to work on the public highway undertake a sufficient number of works to allow their performance to be meaningfully assessed. Those companies that consistently demonstrate the highest levels of performance when undertaking work will be able to seek a discount on their lane rental charges. Such discounts may be offered based on criteria including clear planning, consistent safe working, compliance with permit conditions, high quality reinstatement of the highway, and minimisation of disruption to all road (including footway) users.

Payment and reconciliation

For the collection of lane rental charges from the promoter, the permit authority will comply with the regulations.

Charges will only be payable if issued within 3 months in line with Regulation 6 of 'The Street Works (Charges for Occupation of the Highway) (England) Regulations 2012'.

Transitional arrangements

The LCC will provide promoters with no less than 12 weeks formal notice for the coming into effect of the LLRS.

The basic rules of transition will apply to all works which could be covered by the scope of the LLRS:

I. The LLRS will apply to all activities first notified to the LPS, or in respect of which an application for a Permit or Provisional Advanced Authorisation (PAA) is made, after the LLRS come-into-effect date.

II. Major infrastructure projects with a valid forward planning notice submitted on the permit system and recorded on the highway authority’s forward plan with a start date within twenty-four months of the LLRS come-into-effect date will not be subject to charge.

III. Major works with a permit prior to the LLRS coming into effect that actually start within the three months of the LLRS come-into-effect date will not be subject to charge.

IV. Standard, minor and immediate works with a permit prior to the LLRS coming into effect that actually start within the one month of the LLRS coming into effect date will not be subject to charge; and

V. Works, that are executed under a NRSWA Section 50 licence, or an agreement pursuant to Section 278 of the Highways Act 1980 that actually start within the three months of the LLRS come-into-effect date will not be subject to charge.

VI. If any activities covered by (III) and (IV) are varied by duration or methodology once the LLRS is in effect, they will become subject to a charge.

In advance of the LLRS coming into effect and during the period of notice, the Permit Authority will operate a shadow-running of the LLRS for a period of 4 weeks.

This period will provide opportunity for the promoter and permit authority to embed new ways or working, including operating processes and IT system usage.

If during this period and prior to a LLRS coming into effect any promoter considers that they have a planned activity that may affect their compliance to the LLRS, they must contact the permit authority at the earliest opportunity to discuss a practical resolution.

During the transition and formal notice period, prior to a LLRS coming into effect, no LLRS charges will apply.

There are no dis-applied or modified sections from NRSWA as a result of the LLRS coming into effect.

Timeline Overview	Month 1	Month 2	Month 3	Month 4	Month 5
SoS approval
Notice given to promoters
Statutory instrument process
Shadow running + no charges
LLRS commences + charges

Dispute resolution

Leeds City Council is committed to delivering its network management duty through the use of all tools available.

Leeds City Council is committed to maintaining a positive working relationship with all stakeholders and particularly those that carrying-out road and street works on the Leeds highway network.

Please see the Code of Practice for Co-ordination of Street Works and Road Works and Related Matters, HAUC (England) Edition, Chapter 13 Dispute Resolution, or the equivalent relevant documents.

Dispute review

If agreement cannot be reached locally on any matter arising in relation to the LLRS, the dispute will be referred for review on the following basis:

Straightforward issues - Where Leeds City Council and the promoter(s) consider that the issues involved in the dispute are relatively straightforward, the matter will be referred to impartial members of YHAUC for review.

That review should take place within the timescales set-out in the HAUC dispute process, from the date of referral. Both parties will accept the result as binding.

Complex issues - If Leeds City Council and the promoter(s) involved in the dispute think the issues are particularly complex, HAUC(England) will be asked to set up a review panel of 4 members - 2 utilities and 2 highway authorities. One of the 4 persons will be appointed as chair of the panel by the HAUC(England) joint chairs.

Each party must make all relevant financial, technical and other information available to the review panel.

The review would normally take place within the timescales set-out in the HAUC(England) dispute process, from the date on which the issue is referred to HAUC(England). The conclusions of the review panel will be binding on all parties.

Adjudication - If agreement cannot be reached by the procedure above, the dispute can be referred to independent adjudication. Adjudication within the LLRS will only be used if Leeds City Council and the promoter(s) agree in relation to the matter under dispute, that;

• the decision of the adjudicator is deemed to be final; and
• the costs of adjudication will be borne equally unless the adjudicator considers that one party has presented a frivolous case, in which case costs may be awarded against them

Where the adjudication route is followed, Leeds City Council and the promoter(s) will apply to the joint chairs of HAUC (UK), who will select and appoint the independent adjudicator from a suitable recognised professional body.

Arbitration - Disputes relating to matters covered by the following sections of NRSWA may be settled by arbitration, as provided for in Section 99 of NRSWA:

• Section 74 (2) - charges for occupation of the highway where works are unreasonably prolonged
• Section 74A (12) - charges determined by reference to duration of works

Sanctions

Regulations 21 to 28 of the Traffic Management Act Permit Scheme (England) Regulations 2007 (and Schedules 1 & 2) authorise LCC as a permit authority to issue fixed penalty notices in respect of criminal offences.

Offences

Fixed penalty notices offer the offender an opportunity to discharge liability for an offence by paying a penalty amount.

These powers and any subsequently amended powers will continue to apply to all roads within the roads managed by LCC.

Similarly, any offences under NRSWA continue to be offences and LCC as a permit authority maintains the right to take such action, as is appropriate, including prosecution where such offences have been committed.

Section 74 of NRSWA

Leeds City Council will continue to apply its powers under Section 74 of NRSWA.

Section 74 overrun charges will apply in accordance with the Section 74 Regulations following the end of the agreed reasonable period, in addition to the LLRS charges. The charge will consist of a single payment of £100 in the circumstances set out in paragraph (8) of the regulations.

IT systems and Street Gazetteer

IT systems

As defined with the Leeds permit scheme, all permit applications must comply with the definitive format and content of electronic permit applications.

National Street Gazetteer

The National Street Gazetteer (NSG) and associated additional street data (ASD) will contain the related information for the LLRS specified locations.

This data will be kept up to date by the permit authority, as NSG custodian, and no variations to the LLRS will come into effect without the relevant updates to the NSG and/or ASD, as required.

Scheme variations

Demands on the Leeds highway network are always subject to change and therefore LCC will always seek to change the LLRS in order to help manage that demand.

It is therefore expected that the LLRS and scope may vary in order to ensure it is providing the necessary powers and tools required by the permit authority to meet their statutory duty. There may be a requirement to amend the waivers and/or charge reductions to ensure the incentives from the LLRS charges are achieving the desired objectives.

In circumstances where LCC wants to change the LLRS, subject to regulation, any such changes will be formally consulted on including via YHAUC. Where applicable, for example, in the amendment to locations or charge bands, associated evidence will be provided to justify the changes requested.

Any changes will not vary the total road length or number of streets or alter the overall ratio of charge bands covered by the LLRS from the current number by more than +/- 3% (three per cent).

For more substantial changes to the LLRS such as the scope and structure of the scheme, these cannot be made without the consent of the Secretary of State, in which case a new application and legal order may be required. In this case a Lane Rental Scheme Joint Development Group will be established which will consider, review and comment on documentation prepared to support formal consultation with stakeholders by Leeds City Council for proposed changes to the LLRS.

The Joint Lane Rental Development Group will be made up of officers of the Council, Environmental Health officer(s), local Utility representatives who are members of the Joint Utilities Group (JUG), any consultants or support staff employed by the council, national highways, and neighbouring local authorities as appropriate.

Formal consultation will follow the most recent published DfT guidance available at the time the consultation is undertaken.

Evaluation and governance

Parity obligation

LLRS will apply to Leeds own works in the same way as it applies to all promoters activities.

The principles applied to the application of the surplus funds will be applied equally, without any consideration to the source of the fund and in consistency to the parity treatment for all promoters within the LLRS.

Lane rental scheme evaluation

Leeds City Council recognises the need to evaluate the operational performance of the LLRS, both in terms of its efficiency and the effectiveness at meeting its objectives.

The LLRS will be evaluated on an annual basis. The first evaluation report will cover a full year from the commencement date specified in the statutory instrument / lane rental scheme order.

See the Leeds lane rental scheme evaluation plan for further details.

Prior to the LLRS coming into effect LCC will prepare a full cost-benefit analysis to demonstrate that the overall benefits are sufficient to justify the full costs involved in running the LLRS.

The permit authority will collect data, prior to the LLRS coming into effect, in order to provide a clear evaluation of the benefits achieved from operating the LLRS.

Surplus funds policy

In accordance with the regulations, Leeds City Council will retain funds obtained from charges to meet the costs incurred in operating the LLRS from the lane rental charges received, including any subsequent costs required for LLRS evaluation.

Following deduction of these operating cost and initial setting up costs, 50% of all net proceeds from surplus lane rental funds will be given over to highway maintenance and the remaining 50% on purposes intended to reduce the disruption and other adverse effects caused by street works, and initiatives that are associated to the objectives of the LLRS, within the areas shown below.

• Innovation – techniques, research, and systems, including:
  • innovation in responses to the climate emergency. Developing new disruption saving products, services, or techniques. Improvements in noise, journey reliability, pollution, or safety. Research and development
• Disruption - congestion mitigation including:
  • deploying new disruption saving products, services, or techniques. Measures to mitigate journey unreliability, congestion and disruption caused by activities, particularly major projects
• Transport - transportation development, including:
  • sustainable transport in response to the climate emergency. Transportation initiatives. Enabling infrastructure. Active travel. Accessibility
• Infrastructure – infrastructure and apparatus, including:
  • projects in responses to the climate emergency. Installing infrastructure to enable apparatus to be accessed without disruption. Measures to improve systems and records. Other infrastructure schemes

Surplus funds may be used for either capital or revenue projects.

To determine the use of any surplus funds; Leeds City Council or its agent will establish a LLRS Surplus Board. This Board will comprise of:

• representatives from the regional Joint Utilities Group (comprising water, gas, electricity and communications)
• representatives from LCC
• an independent Board Chair
• representatives from the team or body administering the process that evaluates opportunities or requests for funding and monitors and reports on the results

Requests will be submitted with a business case setting out estimated costs, benefits; expected outcomes; and time scales.

If the person or organisation submitting the request for funding does not have the skills or resources to prepare business case, a request can be made to the team or body that administers the process for support. Details of relevant forms will be provided on the Leeds City Council web site and are available upon request from Leeds City Council.

The results of the initiatives undertaken will be published and an objective measurement will be recorded and also published to in order to identify the end benefit towards the network management and road users in Leeds.

The management of the funds from the LLRS will be separate from other LCC revenues.

Leeds City Council or its agent will keep an account of the funds and costs associated to the LLRS, including a record of the application of surplus funds. These accounts will be published on an annual basis.

Glossary

Term	Explanation
Activity	Means street works as in Part 3 of NRSWA and works by licences under Section 50 of NRSWA and works for road purposes as defined by Section 86 of NRSWA.
Additional Street Data ("ASD")	Additional Street Data (“ASD”) refers to other information about streets held on the National Street Gazetteer (NSG) hub alongside the NSG adjudication.
Adjudication	See the Dispute Review section of the LLRS.
Apparatus	As defined in Section 105(1) of NRSWA "apparatus includes any structure for the lodging therein of apparatus or for gaining access to apparatus".
Appeal	Where there is an unresolved disagreement between the works promoter and the permit authority about a permit authority’s decision or actions the promoter may appeal against the permit authority’s decision to either their regional HAUC or HAUC England.
Arbitration	As defined in Section 99 of NRSWA, "any matter which under this Part is to be settled by arbitration shall be referred to a single arbitrator appointed by agreement between the parties concerned or, in default of agreement, by the President of the Institution of Civil Engineers".
Bank holiday	As defined in Section 98(3) of NRSWA, "bank holiday means a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in the locality in which the street in question is situated".
Carriageway	As defined in Section 329 of the Highways Act 1980 “means a way constituting or comprised in a highway, being a way (other than a cycle track) over which the public have a right of way for the passage of vehicles.
Cycle track	As defined in Section 329(1) of the Highways Act 1980, "cycle track means a way constituting or comprised in a highway, being a way over which the public have the following, but not other, rights of way, that is to say, a right of way on pedal cycles with or without a right of way on foot".
Day	In the context of the duration of activities, a day refers to a working day, unless explicitly stated otherwise.
DfT	Department for Transport.
Diversionary works	As defined in Regulation 2(1) of The Street Works (Sharing of Cost of Works) (England) Regulations 2000 and further outlined in the code of practice “Measures Necessary Where Apparatus Is Affected by Major Works (Diversionary Works) 1992”.
Emergency works	As defined in Section 52 of NRSWA, “emergency works means works whose execution at the time when they are executed is required in order to put an end to, or to prevent the occurrence of, circumstances then existing or imminent (or which the person responsible for the works believes on reasonable grounds to be existing or imminent) which are likely to cause danger to persons or property".
Fixed Penalty Notice (FPN)	As defined in schedule 4B to NRSWA, "fixed penalty notice means a notice offering a person the opportunity of discharging any liability to conviction for a fixed penalty offence by payment of a penalty".
Footway	As defined in Section 329 of the Highways Act 1980, "footway means a way comprised in a highway which also comprises a carriageway, being a way over which the public have a right of way on foot only".
HAUC (England)	The Highway Authorities and Utilities Committee for England.
Highway	As defined in Section 328 of the Highways Act 1980, "highway means the whole or part of a highway other than a ferry or waterway".
Highway authority	As defined in Sections 1 and 329 of the Highways Act 1980.
Highway works	"works for road purposes" or "major highway works".
Immediate works also known as immediate activities	Emergency works, which are defined in Section 52 of NRSWA, are works required to end, or prevent, circumstances, either existing or imminent, that might cause damage to people or property. This applies to both street works and works for road purposes which fall within the definition of activities. The term also includes activities not falling within that definition, but which cannot be severed from those that do - such as activities away from the emergency site that are necessary to shut off or divert a supply. Remedial works to dangerous defective reinstatements are classed as emergency works (but there will be a need to cross reference these to the permit given for the parent activity); or,  urgent activities, which are defined in the regulations as activities: (not being emergency works) whose execution at the time they are executed is required (or which the person responsible for the works believes on reasonable grounds to be required): To prevent or put an end to an unplanned interruption of any supply or service provided by the promoter; To avoid substantial loss to the promoter in relation to an existing service; or To reconnect supplies or services where the promoter would be under a civil or criminal liability if the reconnection is delayed until after the expiration of the appropriate notice period; and Include works that cannot reasonably be severed from such works.
In	As defined in Section 105(1) of NRSWA, "’in’, in a context referring to works or activities, apparatus or other property in a street or other place includes a reference to works or activities, apparatus or other property under, over, along or upon it".
Lane rental regulations	The Street Works (Charges for Occupation of the Highway) (England) Regulations 2012 (as amended)
Maintenance	As defined in Section 329 of Highways Act 1980, "maintenance includes repair, and "maintain" and "maintainable" are to be construed accordingly".
Major highway works	As defined in Section 86(3) of NRSWA, "major highway works means works of any of the following descriptions executed by the highway authority in relation to a highway which consists of or includes a carriageway – (a) a reconstruction or widening of the highway; (b) works carried out in exercise of the powers conferred by Section 64 of the Highways Act 1980 (dual carriageways and roundabouts); (c) substantial alteration of the level of the highway; (d) provision, alteration of the position or width, or substantial alteration in the level of a carriageway, footway or cycle track in the highway; (e) the construction or removal of a road hump within the meaning of Section 90F of the Highways Act 1980; (f) works
Major infrastructure projects	Deliver significant infrastructure improvements or upgrades that substantially extend the longevity of, improve, or renew an asset. Are recognised to be nationally significant infrastructure projects; or Install infrastructure specifically to minimise detrimental impact of future works.
Major works also known as major activities	Street works, other than immediate works, where the street authority has indicated to an undertaker, or the undertaker considers, that a temporary prohibition or restriction on roads is required; or street works, other than immediate works, the planned duration of which exceeds 10 working days
Minor works also known as minor activities	Minor activities are those activities, other than immediate or major activities, where the planned duration is 3 days or less
National Street Gazetteer (NSG) – also referred to as Nationally Consistent Street Gazetteer	A database defined as "an index of streets and their geographical locations created and maintained by the local Highway Authorities" based on the BS7666 standard.
Network management duty	As stated in Part 2 of TMA.
NRSWA	New Roads and Street Works Act 1991.
NSG custodian	The body appointed to manage the NSG on behalf of the local highway authorities.
Permit	The approval of a permit authority for an activity promoter to carry out activity in the highway subject to conditions.
Permit application	See the Leeds permit scheme. The application that is made by a promoter to the authority to carry out an activity in the highway. It is equivalent to the notice of proposed start of works (Section 55 of NRSWA) given under the co-ordination regime.
Permit authority	A local authority or other “highway authority” which has been given approval by the Secretary of State to operate a permit scheme on all or some of its road network
Permit scheme	A scheme approved by the Secretary of State or Local Order under which permits for highways activities are sought and given.
Promoter	Any organisation carrying out works in the highway regardless of whether they are working directly for, or on behalf of an authority or an undertaker. See also “Undertaker” or “Works promoter”. This definition also includes Section 50 licence holders.
Prescribed	As defined in Section 104 of NRSWA, "prescribed means prescribed by the Secretary of State by regulations, which may (unless the context otherwise requires) make different provision for different cases".
Reasonable period	As defined in Section 74(2) of NRSWA, "a reasonable period means such period as is agreed by the Authority and the undertaker to be reasonable or, in default of such agreement, is determined by arbitration to be reasonable, for completion of the works in question".
Registerable	As stated in NRSWA, registerable activities correspond to specified works in the regulations and codes of practice.
Reinstatement	As defined in Section 105(1) of NRSWA, "reinstatement includes making good".
Remedial work	Remedial works are those required to put right defective reinstatements identified in accordance with the provisions of the Code of Practice for Inspections and regulations.
Road	"Highway".
Road category	This means one of the road categories specified in paragraph 1.3.1 of Chapter S.1 of the code of practice entitled “Specification for the Reinstatement of Openings in Highways” dated May 2020 and approved by the Secretary of State for Transport on 10th May 2021, as revised or re-issued from time to time.
Road works	Works for road purposes. See below.
Seasonal	The period between 01 April to 30 September inclusive.
Section 74 regulations	The regulations made under Section 74 current at the time of issue of the Scheme, namely the Street Works (Charges for Unreasonably Prolonged Occupation of the Highway) (England) Regulations 2009
Specified locations	Are the locations designated in a lane rental record within the current version of TfL’s Additional Street Data (ASD) file, which is published on the National Street Gazetteer hub.
Specified times	Are the operational times designated in a lane rental record within the current version of the Additional Street Data (ASD) file, which is published on the National Street Gazetteer hub.
Specified days	Are the operational days designated in a lane rental record within the current version of the Additional Street Data (ASD) file, which is published on the National Street Gazetteer hub.
Standard works also known as standard activities	Standard activities are those activities, other than immediate or major activities, that have a planned duration of between 4 and 10 days inclusive.
Statutory right	As defined in Section 105(1) of NRSWA, "statutory right means a right (whether expressed as a right, a power or otherwise) conferred by an enactment (whenever passed or made), other than a right exercisable by virtue of a street works licence".
Street	As defined in Section 48(1) of NRSWA, "street means the whole or any part of any of the following, irrespective of whether it is a thoroughfare (a) any highway, road, lane, footway, alley or passage; (b) any square or court; (c) any land laid out as a way whether it is for the time being formed as a way or not".
Street authority	As defined in Section 49(1) of NRSWA, "the street authority in relation to a street means, subject to the following provisions (a) if the street is a maintainable highway, the Highway Authority, and (b) if the street is not a maintainable highway, the street managers".
Street works	As defined in Section 48(3) of NRSWA, "street works means works of any of the following kinds (other than works for road purposes) executed in a street in pursuance of a statutory right or a street works licence: (a) placing apparatus; or (b) inspecting, maintaining, adjusting, repairing, altering or renewing apparatus, changing the position of apparatus or removing it, or works required for or incidental to any such works (including, in particular, breaking up or opening the street, or any sewer, drain or tunnel under it, or tunnelling or boring under the street".
Street works licence	As stated in Section 50(1) of NRSWA, "the street authority may grant a licence (a "street works licence") permitting a person (a) to place, or to retain, apparatus in the street, and (b) thereafter to inspect, maintain, adjust, repair, alter or renew the apparatus, change its position or remove it, and to execute for those purposes any works required for or incidental to such works (including, in particular, breaking up or opening the street, or any sewer, drain or tunnel under it, or tunnelling or boring under the street).
TMA	The Traffic Management Act 2004.
Traffic	As defined in Section 105(1) of NRSWA, "traffic includes pedestrians and animals".
Traffic control	Any of the 5 methods of controlling traffic detailed in the Code of Practice "Safety at Street Works and Road Works".
Traffic flow	The number of vehicles using the particular street at specified times of the day and year, measured in accordance with DfT guidelines.
Traffic Regulation Order (or Traffic Order)	This means an Order made under Section 1, 6, 9 or 14 of the Road Traffic Regulation Act 1984.
Traffic sensitive street	This means a street designated by a street authority as traffic sensitive pursuant to Section 64 of NRSWA and in a case where a limited designation is made pursuant to Section 64(3) any reference to works in a traffic sensitive street shall be construed as a reference to works to be executed at the times and dates specified in such designation.
Transportation	Transport or transportation is the movement of humans, animals, and goods from one location to another. In other words, the action of transport is defined as a particular movement of an organism or thing from a point A to a Point B. Modes of transport include air, land (rail and road), water, cable, pipeline, and space. The field can be divided into infrastructure, vehicles, and operations. Transport enables trade between people, which is essential for the development of civilization.
Undertaker	As defined in Section 48(4) of NRSWA, "undertaker in relation to street works means the person by whom the relevant statutory right is exercisable (in the capacity in which it is exercisable by him) or the licensee under the relevant street works licence, as the case may be".
Working day	As defined in Section 98(2) of NRSWA, "for the purposes of this part a working day means a day other than a Saturday, Sunday, Christmas Day, Good Friday or a bank holiday; and a notice given after 4:30pm on a working day shall be treated as given on the next working day".
Works	“Specified works” as defined in The Traffic Management Permit Scheme (England) Regulations 2007; Works executed under Section 50 of NRSWA; and Works executed pursuant to an agreement under section 278 of the Highways Act 1980
Works clear	A works clear notice is used following interim reinstatement.
Works stop	A works stop notice notifies that works are no longer occupying the highway.
Works closed	A works closed notice is used following permanent reinstatement.
Works for road purposes	As defined in Section 86(2) of NRSWA, "works for road purposes means works of any of the following descriptions executed in relation to a highway: (a) works for the maintenance of the highway; (b) any works under powers conferred by Part V of the Highways Act 1980 (improvement); (c) the erection, maintenance, alteration, or removal of traffic signs on or near the highway; or (d) the construction of a crossing for vehicles across a footway or grass verge or the strengthening or adaptation of a footway for use as a crossing for vehicles".
Works promoter	Means a person entitled by virtue of a statutory right to carry out street works or works for road purposes.
YHAUC	Yorkshire and Humberside regional group of highway authorities and utilities committee

Appendix A - Lane rental scheme data preparation

Lane Rental can only be applied to streets that are already Traffic Sensitive.

LCC will review Traffic Sensitivity regularly, between every one (1) to three (3) years, to ensure it is accurate and up to date.

The National Street Gazetteer (NSG) and Associated Street Data (ASD) contain the relevant data for all LLRS specified locations.

Prior to implementing the LLRS, LCC will ensure the quality and accuracy of the ASD.

LCC will contact the National Street Gazetteer (NSG) concessionaire before going live with the LLRS to ensure that the data is submitted, published, and communicated in a timely manner.

For a copy of the operational guidance, please email lanerental@leeds.gov.uk.

For a copy of the environmental health form, please email lanerental@leeds.gov.uk.

View our interactive lane rental map.

Leeds lane rental scheme charges policy and table - application version

Lane rental charges

The New Roads and Street Works Act 1991 (NRSWA), as amended by the Transport Act 2000 and the Traffic Management Act 2004 (TMA), contains provision for highway authorities to operate lane rental schemes that involve charging promoters for the time their works occupy the highway.

The regulations are the Street Works (Charges for Occupation of the Highway) (England) Regulations 2012 ("the Regulations") made under Section 74A of NRSWA.

In accordance with the scope of the Leeds Lane Rental Scheme (LLRS), Leeds City Council (LCC) will apply a daily rate of charge for the duration of the specified activities carried out by the undertaker of the activities for the promoter of the activities at the specified location during the specified times and days.

Section 74 overrun charges will apply in accordance with the Section 74 Regulations following the end of the agreed reasonable period, in addition to the LLRS charges. The charge will consist of a single payment of £100 in the circumstances set out in paragraph (8) of the regulations.

To calculate the daily rate of charge, other than for emergency works, the duration of the activities shall begin on the date specified in the actual start of works notice and end on the date specified in the works clear, works closed or works stop notice, the date activities ended.

For all types of emergency works, the charges will apply after 48 hours of occupation – taking the works start as stated within the relevant permit application and ending on the date stated on the relevant Section 74 works stop notice.

Lane rental charges policy

Charges will not be payable in the following circumstances:

i. Charges will not apply if the activities take place outside of the traffic sensitive streets specified times; 
ii. Charges will be waived for a period of 48 hours from the start of emergency works beginning; after which time the normal lane rental rules for the location will apply.
iii. Charges will be waived for activities undertaken on Christmas Day or Boxing Day.
iv. Charges will be waived for activities which are confined to a verge or footway, footpath, bridleway, or byway.
v. Charges will be waived if works which do not reduce the number of lanes, or prescribed width, available to traffic or if normal traffic flows can be maintained.

If one of the above applies, the activity promoter must record the circumstances along with the permit application and, if possible, works stop notice. Failure to do so may result in appropriate action being taken.

Options to waive or reduce charges

Leeds City Council retains the option to waive or reduce lane rental charges at its discretion.

Consideration will be given to reducing charges for major infrastructure projects that deliver significant highway infrastructure improvements or upgrades that substantially extend the longevity of, improve, or renew the highway asset, or future proof a highway to protect it from being excavated again.

Collaborative working

Any opportunity for 2 or more promoters to collaborate their activities to reduce the occupation of the highway is strongly encouraged.

Collaborative works that are carried out concurrently and/or consecutively by 2 or more works promoters at the same location can apply to have charges reduced for the period of collaboration.

In such circumstances, where works are carried out at the same location by 2 or more promoters concurrently, the daily charge rate will be split between the associated promoters following confirmation and acceptance in writing by all parties.

This equates to a minimum of a 50% charge reduction for collaborative working for each promoter.

In some instances, charges may be reduced for collaboration where the works originate from 2 distinctively different operational divisions of the same organisation.

Review of charges

The LLRS will be evaluated on an annual basis. The first evaluation report will cover a full year from the commencement date specified in the statutory instrument / lane rental scheme order.

Part of the assessment of the LLRS is a review of the LLRS lane rental streets list.

It is anticipated that, depending on the extent of changes and developments to the Leeds Highway Network, the list of streets will be reviewed every, 1 to 3 years.

This is to ensure that the list is always appropriate and take account of changes to the highway network such as a bypass changing a congested high street into a quiet shopping area. The methodology used to initially identify the list of lane rental streets will be repeated.

The LLRS lane rental streets list review methodology is detailed in and part of the LLRS evaluation plan even though it may not be undertaken every year.

The charges will not exceed the maximum charges as set by the DfT.

Lane rental charge table

Identified lane rental charge streets (bands)	Lane rental charge discount applied	Full day charge
Band 1 (road closure or single carriageway road occupancy)	0%	£2,500
Band 2 (all carriageway remedial works)	0%	£2,500
Band 3 (single lane occupancy of multi-lane or dual carriageway)	20%	£2,000
Band 4 (cycle track)	40%	£1,500

If an activity footprint spans more than one traffic control type at any time during the duration of the activities, then the higher daily rate of charge will apply for the days the activity footprint includes that traffic control type.

Introduction

The New Roads and Street Works Act 1991 (NRSWA), as amended by the Transport Act 2000 and the Traffic Management Act 2004 (TMA), contains provision for highway authorities to operate lane rental schemes that involve charging promoters for the time their activities (road and street works) occupy the highway during traffic sensitive times.

The Leeds lane rental scheme (LLRS) has been introduced to enable Leeds City Council (LCC) to support their duty to co-ordinate and manage all activities on the highway in order to minimise disruption.

The LLRS will be evaluated on an annual basis. The first evaluation report will cover a full year from the commencement date specified in the statutory instrument / lane rental scheme order.

The LLRS evaluation report will be based on the original assumptions made within the LLRS cost benefit analysis (CBA), data collected by the Leeds permit scheme and various LLRS data and monitoring reports.

The LLRS evaluation report will be circulated for review as part of the joint working arrangements before being published on the Leeds City Council highways webpage.

This document provides details on the evaluation methodology, and the baseline data to be used for assessment and comparison purposes.

In the interests of parity and transparency, representatives of both LCC and promoters will be actively involved in monitoring and the evaluation process.

The regulations permit a portion of lane rental revenues to be applied for the purposes of lane rental scheme evaluation.

The evaluation plan includes provision for independent evaluation of the LLRS performance, including an assessment of the overall balance between costs and benefits arising from the LLRS.

Joint working arrangements

The joint working arrangements for the LLRS will be a group made up of officers of Leeds City Council, Environmental Health officer(s) from the local authority or council(s), local utility representatives who are members of the Joint Utilities Group (JUG) and any consultants or support staff employed by Leeds City Council. The chair will be the lead officer from Leeds City Council.

Leeds lane rental scheme scope

The LLRS has been designed to ensure that charges are only applied when promoters occupy lane rental streets at traffic sensitive times and to allow waivers or reduced charges at other times or for different ways of working to encourage promoters to adopt less disruptive working practices.

Background

The government’s expectation is that a robust evaluation plan will be built into any proposed lane rental scheme that is submitted for Secretary of State approval.

As the evaluation plan is an integral part of the LLRS, there is a need to adhere to the plan in order to comply with the terms of any Secretary of State approval.

The LLRS evaluation report will inform Central Government's overall assessment of the effectiveness of lane rental schemes nationally.

The LLRS evaluation plan is based on the principle that the original LLRS cost benefit analysis output is repeated using actual data produced over the initial and following years of operation.

Actual impacts and benefits are therefore calculated in a manner consistent with the original assumptions.

Leeds lane rental scheme evaluation plan objectives

The principal objective of the LLRS evaluation plan is to assess the extent to which the LLRS objectives are being met and the ongoing appropriateness of key parameters, such as the list of lane rental streets and charge levels.

The LLRS seeks to limit the amount of disruption to Leeds’s roads by encouraging the undertaking of activities at the least disruptive time for road users, and for the early completion of activities.

The LLRS is designed to limit the carrying out of activities at specified locations at specified times by applying a daily charge for any part(s) of the day that the highway is occupied by the activities during chargeable hours.

The daily charge will not apply if the activities take place outside of the specified times.

The LLRS therefore provides a mechanism for providing all activity promoters with an incentive to change behaviour and minimise their occupation of lane rental Streets at traffic sensitive times which are the most critical parts of the Leeds highway network.

The LLRS applies the following guiding principles:

• the cost of disruption from activities on the highway network must be recognised
• inconvenience to all people using a street must be minimised, but particularly to people with accessibility requirements, and other vulnerable road users such as people walking or cycling

The objectives of the LLRS are to

• apply the scheme to all work promoters on a consistent basis
• promote behavioural change to minimise the duration of occupation of the highway at the busiest locations at traffic sensitive times
• minimise the number of activities taking place during the most traffic sensitive times
• contribute towards reducing disruption to all road users

Leeds City Council will measure against these objectives and evaluate whether they are being met.

The means by which that will be achieved are set out in the evaluation and governance section of the Leeds Lane rental scheme document, and this LLRS evaluation plan.

Improvements expected

The expected improvements from the LLRS are:

• behavioural changes that minimise the duration of occupation of the highway at the busiest locations at traffic sensitive times
• reductions in the proportional number of activities taking place during traffic sensitive times
• contributions towards maintaining or improving journey time reliability on the highway network

Evaluation plan assessment parameters

The LLRS evaluation plan sets out the evidence and data that will be collected to enable a proper evaluation to take place, and the pre–lane rental benchmarks against which the before and after comparison will be made.

Therefore, the LLRS evaluation plan defines:

• the success criteria by which it will be measured
• the information used for monitoring and assessment
• surplus revenue allocation
• base innovation and disruption saving assumptions
• customer satisfaction monitoring
• updating the lane rental streets list

Success criteria

The principal success criteria of the LLRS is delivery of benefits arising from the LLRS, which are defined as:

• reductions in disruption and congestion delay for road users where activities are carried out in a less disruptive way, benefiting both business users and private individuals
• improved journey time reliability for road users where activities are carried out in a less disruptive way, benefiting both business users and private individuals
• funds generated by LLRS. The regulations require the funds generated from lane rental to be applied to measures that will help to reduce the disruption caused by future activities. Such measures would be expected to deliver further benefits to promoters, activities undertakers and road users
• environmental benefits. By reducing the congestion arising at activity sites, the LLRS has the potential to reduce road transport-related emissions – particularly local air quality pollution that is exacerbated by stationary or slow, stop-start traffic

Table 1 - Summary monitoring and assessment table

	Baseline	Costs and benefits parameters	Year 1	Year 2 +	Net present value
Costs
Lane rental scheme charges paid by promoters	£		£	£	£
Costs of any behavioural change incurred by undertakers	£		£	£	£
LLRS administration costs	£		£	£	£
Total costs	£		£	£	£
Benefits
Reduction in delay costs seen by society (CBA assessment)	£		£	£	£
LLRS surplus revenue allocation	£		£	£	£
Total benefits	£		£	£	£
Net benefits to society	£		£	£	£

Surplus fund allocation

An important element to the LLRS evaluation plan is an assessment of the allocation and subsequent impacts of any surplus funds generated from the lane rental charges received.

Surplus lane rental funds will be applied towards initiatives that are associated with, and aligned to, the objectives of the LLRS, within the areas shown below:

• Innovation – Techniques, research, and systems, including:
  • Innovation in responses to the Climate Emergency. Developing new disruption saving products, services, or techniques. Improvements in noise, journey reliability, pollution, or safety. Research and development.
• Disruption - Congestion mitigation including:
  • Deploying new disruption saving products, services, or techniques. Measures to mitigate journey unreliability, congestion and disruption caused by activities, particularly major projects.
• Transport - Transportation development, including:
  • Sustainable transport in response to the climate emergency. Transportation initiatives. Enabling infrastructure. Active travel. Accessibility.
• Infrastructure – Infrastructure and Apparatus, including:
  • Projects in responses to the climate emergency. Installing infrastructure to enable apparatus to be accessed without disruption. Measures to improve systems and records. Other infrastructure schemes.

Base innovation and disruption saving assumptions

It is assumed that:

• significant progress will be made in developing and applying new, less-disruptive techniques by the third year of the LLRS
• there will be increased scope to work in less disruptive ways in years 3 to 5 onwards, therefore; in following years promoters and undertakers are able to reduce their exposure to lane rental charges by increasing their expenditure on, and use of, less disruptive working practices
• lane rental charges will also provide an incentive for promoters and undertakers to further invest in the development of less-disruptive techniques
• there will be an increased use of innovative traffic management
• there will be an increased use of innovative techniques

Customer satisfaction monitoring

Another important element to the LLRS evaluation plan is an assessment of changes to the public perception regarding activities on the highway network.

Wherever possible, monitoring of customer satisfaction, public perception and stakeholder communication will be undertaken and reported on.

Examples of surveys and monitoring could include:

• frustrations associated with activities carried out at busy times
• frustrations associated with repeated activities on the same stretch of road
• streets partially closed, but no-one working on site
• future activities communicated effectively
• acknowledgement that the cost of activities to society are being recognised
• understanding that the cost of activities to society are being repaid through network and operational improvements

Updating the lane rental streets list

Part of the assessment of the LLRS is a review of the lane rental streets lists.

It is anticipated that, depending on the extent of changes and developments to the Leeds highway network, the list of streets will be reviewed every, 1 to 3 years.

This is to ensure that the list is always appropriate and takes account of changes to the highway network such as a bypass changing a congested high street into a quiet shopping area.

Lane rental charges

In accordance with the regulations and the scope of the LLRS, LCC will apply a daily rate of charge for the duration of the specified activities carried out by the promoter at the specified location during the specified times and days.

Calculating the charge

To calculate the daily rate of charge, other than for emergency works, the duration of the activities shall begin on the date specified in the actual start of works notice and end on the date specified in the works stop notice, the date of works ended.

For all types of emergency works, charges will be waived for a period of 48 hours after which time the normal lane rental rules for the location will apply – taking the works start as stated within the relevant permit application and ending on the date stated on the relevant Section 74 works clear or works stop notice.

Promoters are strongly encouraged to consider the carrying out of emergency works outside of specified days and times wherever possible.

When calculating the actual work start and finish dates for all activities, the permit authority or the promoter may provide additional information to prove a variation to the duration and activity type, if different to any submitted notice. In all circumstances any charge will be applied according to the actual occupation and activity.

Section 74 overrun charges will apply in accordance with the Section 74 regulations following the end of the agreed reasonable period, in addition to the LLRS charges.

Identifying lane rental charge periods

Within the CBA, a traffic model is used with an assumption being that activities are done outside traffic sensitive times and / or with a shorter duration.

A comparison with normal behaviour is then possible, and this is done by simulation with normal activities creating reduced traffic flows using a traffic profile run in a Quadro model. Lane rental schemes guidance for English authorities states:

‘An application must demonstrate how the scheme will deliver the benefits and it must also justify the details of the scheme, including which roads which are included in the scheme, the charging structure etc. The application must include a full cost benefit analysis of the scheme with all the underlying data used to create the assumptions in that analysis.

‘Benefits attributed to lane rental should not include those benefits that could reasonably be expected to arise in the absence of lane rental under other mechanisms already in place within the area of the proposed scheme.’

To support promoters in identifying the times lane rental charges apply to lane rental streets, the journey time profile (as set out in the cost-benefit analysis) has been aligned to the traffic sensitive streets times so lane rental charges apply during traffic sensitive times on the identified streets.

Lane rental charge categories

The regulations allow for a prescribed daily rate of charge, which may be waived or reduced in particular cases.

In accordance with the regulations and with consideration to the objectives of the LLRS, there are a range of charge categories depending on the traffic control type, works type, location, times and days of work.

The LLRS ‘Leeds lane rental scheme charges policy and table’ sets out the traffic control type, works type, location, times and days of work and any applicable charge.

If an activity spans more than one traffic control type at any time during duration of the activities, then the daily rate of charge will apply for the days the different traffic control type is in place.

In instances where the activities have fully moved to a lower traffic control type, thereby changing the charging to be applied, the promoter must submit a timely permit variation. If the permit variation is solely for the purpose of notifying that the activities have transferred from one traffic control type to another then this permit variation would not be subject to a permit fee.

For the calculation of charges in such instances the permit authority will determine the timings for such changes based on the receipt of the associated permit variation.

In accordance with the regulations 4(4) the permit authority reserves the right in exceptional and unavoidable circumstances, to apply a discretionary discount to the lane rental charge.

Reference to previous lane rental trials (TfL and Kent) cost benefit analysis

Prior to the introduction of the lane rental scheme a cost benefit analysis was carried out. This was based on a QUADRO programme.

A range of activities scenarios were modelled at selected locations across the network to establish representative values for the costs of the roadwork.

For each site, tests were carried out for lane closure and for full road closure, with and without the lane rental scheme in place, and for activities outside the time sensitive periods.

The QUADRO output was collated to determine average values for each charge band and network type.

These average values were used for the original cost benefit analysis and have been adopted for the post scheme monitoring of the trial schemes.

The cost benefit analysis, prior to the introduction of trial lane rental schemes, was based on the average values per activity and on assumptions about the potential behaviour change by promoters.

Average cost of activities on the highway

The average costs of activities on the highway established for the trial cost benefit analysis were based on outputs from the QUADRO program.

The costs per day of activities include vehicle delay, diversion, consumer and business impacts, accident costs, fuel carbon emissions, fuel tax revenue etc.

In order to maintain a consistent approach, these average representative costs have been used for the original LLRS cost benefit analysis and any LLRS evaluation reports unless more accurate data is identified.

Evaluation principles

In the LLRS CBA a traffic model is used with an assumption based on those activities being moved to outside traffic sensitive times and a comparison made of the different impacts.

This is done by simulation with reduced traffic flows using a traffic profile run in a Quadro model.

These lane rental charge periods can also be shown for weekday and weekend days.

The assumption is that a % of activities move to times outside traffic sensitive times, this was initially 10%.

This is shown as the total workdays that move from peak to off peak times.

Another factor considered is improved efficiency of work during peak hours or lane rental charge periods.

Analysis of whether activities are completed quicker will be evidence based and collected throughout the year.

The LLRS evaluation plan is an examination of actual data regarding the behavioural change from introducing LLRS with comparison to the original assumptions made in the pre-scheme cost benefit analysis.