Birmingham City Council, as the Highway Authority, has powers and duties to ensure that the highway network is accessible to all, well maintained, has minimal congestion and is kept in a safe condition.
In relation to any development works that are to be carried out on existing highways or are carried out on those parts of the development that are to be adopted by the Council, (where the works are subject to the Construction (Design and Management) 2007 Regulations then the scheme promoter shall be the Client for the purposes of the CDM 2007 Regulations. The Developer must comply with all aspects of the CDM Regulations and indemnify the Council against all claims, liabilities and actions if the developer fails to do so.
The Developer is responsible for ensuring the safety of all users of the highway from the commencement of a highway works until the issue of the adoption certificate.
The Developer shall guard, fence, light and maintain all obstructions within or adjacent to an existing highway resulting from or in connection with the site works in accordance with the current requirements of Chapter 8 of the Traffic Signs Manual – Traffic Safety Measures for Roadworks (DfT) and Safety at Street Works and Roadworks – A Code of Practice (DfT).
No work within the existing highway shall take place without the consent of the Council and the entering into of the appropriate agreement and issuing of a works licence or permit to work.
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