Decision Maker:

Outcome:

Is Key Decision?: No

Is Callable In?: Yes

Date of Decision: March 9, 2026

Purpose:

Content: Salford City Council - Record of Decision   I Councillor Jack Youd, Deputy City Mayor, City Mayor and Lead Member for Finance, Support Services And Regeneration, in exercise of the powers contained within the City Council Constitution and in consultation with Cabinet, do hereby approve: The proposed programme of carriageway patching and surface repairs for 2026/27, funded through the Pothole Action Fund and associated allocations, including the introduction of a Hot Applied Patch Repair System and the seasonal delivery model set out in the accompanying report.   The Reasons are: The programme enables targeted repairs to address localised carriageway deterioration, improves durability and network resilience, and supports compliance with the Council’s statutory duty to maintain the highway under the Highways Act 1980. The introduction of a Hot Applied Patch Repair System strengthens surface condition, reduces water ingress and enhances the long?term performance of previous repairs.     Options considered and rejected were: No alternative options were considered. The combined funding allocations and the nature of the required works make the proposed programme the most appropriate asset-led approach.     Final Decision: Approval is granted for the 2026/27 Pothole Action Fund programme with a total budget of £855,000, comprising CRSTS Pothole Action Fund allocation, DfT transparency?return funding and Council Revenue Reserves. The programme will proceed as a unified patching and preventative repair programme as described in the briefing.   Assessment of Risk: Low. The targeted use of the available funding will ensure that statutory maintenance obligations are met and that the service continues to apply an asset?management approach to prevent further deterioration and reduce longer?term liabilities. Source of Funding: The programme is funded from: CRSTS Pothole Action Fund allocation (£250,000), DfT conditional maintenance uplift released following the transparency return (£333,000), and Highways off?programme Revenue Reserve allocation (£272,000). These sources combine to create an overall budget of £855,000.   Legal Advice Obtained:    Helen Chapman and Tony Hatton In relation to the Highways Act 1980 the requirement to maintain pot holes will fall under the Council’s general duty as Highway Authority to maintain highways maintainable at public expense. Section 58 of the Highways Act 1980 provides a statutory defence to the Section 41 duty in an action against the Highway Authority for having failed in its duty to maintain a highway within its control. Section 58 states that it is a defence (without prejudice to any other defence or the application of the law relating to contributory negligence) to such action if the authority had taken such care as in all the circumstances was reasonably required to secure that the part of the highway to which the action relates was not dangerous for traffic. Section 58 lists the matters a Court will have regard to in relation to the defence. This includes such matters as the character of the highway, appropriate standard of maintenance, expected state of repair and traffic expected to use it. It also includes 1. whether the highway authority knew, or could reasonably have been expected to know, that the condition of the part of the highway to which the action relates was likely to cause danger to users of the highway; and 2. where the highway authority could not reasonably have been expected to repair that part of the highway before the cause of action arose, what warning notices of its condition had been displayed; Therefore, provided the Council is satisfied that it has carried out a full and thorough scope of repairs needed across the Highway Authority’s area to repair pot holes and what other remedial measures are in place to protect the public in the meantime, the risk to the Council arising out of any litigation should be minimal. In respect of instructing contractors to carry out the works, when commissioning contracts for the procurement of goods, services or works the City Council must comply with the requirements of public procurement legislation and its own Contractual Standing Orders (CSO’s), Financial Regulations, and duties of Best and Social Value.  Depending on the value of the works to be undertaken under the various schemes as part of the CRSTS funding as set out in the body of the report and detailed in the Appendix, the Council may appoint contractors under relevant lots of the SCC Technical and Highways Works Framework in line with the procedures specified. Other routes to market such as alternative frameworks or a standalone contract procurement process may also be considered, depending on the most appropriate in the circumstances, and CSO’s/procurement legislation should be followed in those circumstances. Should the value of any such individual project exceed £150,000, a separate report will need to be presented to Procurement Board for approval.   Procurement Advice Obtained: The Technical and Highways Works Framework is in place for this work until February 2026 when we hope to extend the framework until August 2026 to enable us to go out to market for the new framework, This will ensure that all works carried out are compliant with SCC Standing Orders and PCR’s 2015. And then with the introduction of the new framework which will comply with the Procurement Act 2023 (PA 2023). Procurement Advice obtained: Heather Stanton, Procurement Category Manager Financial Advice Obtained: The source of funding is: i) CRSTS Grant from DfT via GMCA; ii) Highways Funding Block Grant from DfT via GMCA; iii) Highways off programme funding held in Reserves. Expenditure Code: D08884 Comments: This is a request for the Lead Member for Planning, Transport and Sustainable Development to approve the proposed programme of carriageway patching activity for 2026/27. The programme has been designed to make use of all funding available in 2026-27 for this type of activity. There are plans within the programme to bring more works in-house by training and equipping a dedicated team of operatives, enabling a reduction in the amount of works outsourced to the private sector. It is expected that this will generate greater value for money for the Council. The programme will be financed by £250,000 CRSTS grant provided to us by the DfT via GMCA, £333,000 Highways Funding Block incentive grant also provided to us by the DfT via GMCA and £272,000 Highways off programme funding  held in Reserves, which is part of £800,000 being allocated to the Capital programme over 3 years. Financial Advice obtained: Ian Cowburn, Senior Accountant Equality Impact Assessment: The programme will have a positive impact on all equality groups by improving accessibility and safety for pedestrians, including the elderly and those with mobility impairments. Works will include tactile paving and dropped kerbs at junctions. Climate Change Implications: None identified. Wards to Which Report Relates: All.     HR Advice obtained: N/A   Climate Change Advice obtained: N/A   Contact Officer:  Lewis Barnett                              Telephone number: 07584421545   -       This decision is subject to consideration for briefing purposes by the Lead Member for PLANNING AND SUSTAINABLE DEVELOPMENT. The Lead Member is supportive of the decision. -       This decision is not subject to consideration by another Lead Member.                 Signed: Councillor Jack Youd Deputy City Mayor Dated: 9th March 2026                                                           This decision was published on Monday 9th March 2026                                             This decision will come in force at 4.00 p.m. on Monday 16th March 2026 unless it is called-in in accordance with the Decision-Making Process Rules.