East Sussex: All-Amber Rating, £23m Steady-State Gap
East Sussex earns AMBER on all four DfT scorecards — condition, spend, and best practice included. The council's own modelling says it needs £23m a year just to stop carriageways declining, yet admits seven years of funding shortfall. It filled 106,063 potholes in five years, invalidated its 2024 unclassified-road survey, and still reports 18% of U-roads in RED condition.
What The Condition Data Shows
Six years of SCANNER and CVI data from East Sussex's own transparency reporting — classified roads treading water, local roads carrying the decline
A-roads (372km): stable but not improving
| Year | Red | Amber | Green |
|---|---|---|---|
| 2020 | 4.0% | 32.9% | 63.1% |
| 2023 | 4.4% | 28.3% | 67.4% |
| 2025 | 5.3% | 30.4% | 64.2% |
A-road RED share has edged up from 4.0% to 5.3% over six years. Green-condition A-roads peaked at 67.4% in 2023 and have slipped back. Main routes are holding up — but a third still need attention or will soon.
B and C roads (1,009km): RED share rising
| Year | Red | Amber | Green |
|---|---|---|---|
| 2020 | 4.4% | 27.8% | 67.7% |
| 2021 | 6.1% | 30.4% | 63.5% |
| 2022 | 6.1% | 31.0% | 62.9% |
| 2023 | 5.3% | 25.6% | 69.4% |
| 2024 | 6.1% | 27.7% | 66.2% |
| 2025 | 6.5% | 29.4% | 64.6% |
RED-condition B/C roads are up nearly half since 2020 (4.4% → 6.5%), and combined RED plus amber now stands at 35.9% — over a third of the 1,009km B/C network flagged for maintenance.
The £23m Steady-State the Council Cannot Fund
East Sussex's own lifecycle modelling says £23m a year is needed just to stand still on carriageways — and the council admits seven years of spending below that level. For 2025/26, forecast capital spend is below the DfT allocation, not above it. That is why the Spend scorecard is AMBER too.
The 1,994km Unclassified Problem
59% of the network surveyed by visual inspection — and the 2024 data did not survive validation
| Year | U-roads in RED condition |
|---|---|
| 2020 | 14% |
| 2021 | 19% |
| 2022 | 13% |
| 2023 | 17% |
| 2024 | Nil return — survey invalidated |
| 2025 | 18% |
"Although a CVI survey of U roads took place in 2024, the results were not considered to be accurate or reflective of the actual road condition. This was due to the contractor lacking sufficient qualified inspectors to deliver the survey during the summer months as agreed. The delay pushed survey activity into the winter months (February 2025) when conditions are widely recognised as unsuitable for visual inspections."
— East Sussex County Council Local Highways Maintenance Transparency Report 2025
"Therefore the DFT advised us to submit a nil return for 2024."
— East Sussex County Council Local Highways Maintenance Transparency Report 2025
CVI, Not SCANNER
East Sussex SCANNER-surveys all A, B and C roads annually with sensor-equipped vehicles. For unclassified roads it uses Course Visual Inspections — a drive-by visual assessment. That is a materially different standard of knowledge than laser-measured classified roads.
At 18% RED in 2025, roughly 359km of residential and rural lanes are in the category the council defines as likely requiring major maintenance intervention.
The 2024 Data Void
A resampling exercise in June 2025 found results "broadly in line with historic condition trends" and showed the original winter survey "was not representative of the network" — but the sample was too small to calculate a replacement average.
For pothole incidents on U-roads in 2024, there is no valid published network condition data at all.
Why This Matters For Section 58
To rely on the Section 58 defence, a council must show it had a reasonable system for knowing the condition of its roads. For East Sussex's unclassified network, ask:
- • Was your road last condition-surveyed by CVI — and was it before or after the invalidated 2024 survey?
- • If 18% of U-roads were RED at the last valid survey, what was done about yours specifically?
- • How does a visual drive-by catch a pothole forming between inspections?
- • Can the council claim detailed network knowledge when it submitted a nil return for an entire survey year?
A council that prioritises A and B roads, surveys U-roads by eye, and throws away a whole year of data cannot claim equal knowledge across its network.
106,063 Potholes in Five Years
Safety-defect pothole repairs from East Sussex's own published tables — peaking after the wet winter of 2023/24
| Year | Potholes filled (safety defects) |
|---|---|
| 2020/21 | 19,261 |
| 2021/22 | 18,250 |
| 2022/23 | 22,037 |
| 2023/24 | 27,134 |
| 2024/25 | 19,381 |
| Five-year total | 106,063 |
~58 Potholes a Day, Every Day
Averaged over five years, East Sussex fills around 58 pothole safety defects per day. The council notes carriageway potholes typically make up approximately 70% of all safety defects repaired at a fixed reactive cost of £3.17m per year. A network producing hazards at that rate is one where defects routinely form between inspections.
The Wet-Winter Spike
The council attributes the jump to 27,134 potholes in 2023/24 to "one of the wettest winters on record." The drop to 19,381 in 2024/25 partly reflects an extensive patching programme funded by DfT grants and council borrowing — not a claim that the underlying network has recovered.
The Funding and Prioritisation Admissions
Why all four DfT scorecards are AMBER — in the council's own words
"The overall condition of roads in East Sussex has been gradually declining."
— East Sussex County Council Local Highways Maintenance Transparency Report 2025
"Over the last seven years, East Sussex Highways has faced a fluctuating level of investment in carriageway maintenance. The funding available to spend on carriageways has been significantly less than the amount needed to achieve this. This major funding shortfall, combined with inflation and rising costs, has meant we have not been able to invest as much in preventative maintenance as needed to prevent long term decline."
— East Sussex County Council Local Highways Maintenance Transparency Report 2025
"The first roads to show signs of decline are usually the local unclassified roads. These were often not constructed as robustly as more major roads and without maintenance they will generally deteriorate more quickly. However, with limited funds we must prioritise our A and B roads, which are key for business, transport and emergency services. It is not a choice we take lightly, but it is widely regarded as the most effective way to manage risk and keep the county moving with the resources we have."
— East Sussex County Council Local Highways Maintenance Transparency Report 2025
| Year | DfT capital | Total capital spend | Revenue spend | Preventative % | Reactive % |
|---|---|---|---|---|---|
| 2020/21 | £18.0m | £25.8m | £13.4m | 96.2% | 3.8% |
| 2023/24 | £17.3m | £33.9m | £15.6m | 94.0% | 6.0% |
| 2024/25 | £14.9m | £28.5m | £13.2m | 92.6% | 7.4% |
| 2025/26 (forecast) | £21.0m | £16.7m | £15.3m | TBC | TBC |
Reactive Share Doubling
Preventative maintenance's share has fallen from 96.2% to 92.6% while reactive rose from 3.8% to 7.4% — nearly double. The council's 2025/26 capital programme targets 76.4km of planned preventative work while revenue funds continue to cover reactive pothole and safety-defect repairs.
Below Allocation in 2025/26
Unlike councils that overspend their DfT allocation, East Sussex forecasts £16.7m total capital against a £21m DfT grant — partly because £4.333m was spent early at the end of 2024/25 on preparatory patching. The Spend scorecard is AMBER because the council is not keeping pace with its allocation, not because it lacks an asset management strategy on paper.
Claiming Against an All-Amber Council
Honest assessment: East Sussex is not Buckinghamshire — but it is not a free win either
What Works In The Council's Favour
- ✓ Published asset management strategy aligned with DfT incentive funding criteria
- ✓ Annual SCANNER surveys on all A, B and C roads
- ✓ 24/7 reactive and emergency defect response published in its funding disclosure
- ✓ Still ~93% preventative spend in 2024/25 — the council is not purely firefighting
- ✓ Extensive 2023/24 patching programme credited with reducing 2024/25 pothole volumes
Expect a documented Section 58 defence on A and B roads with recent SCANNER data. Generic claims will struggle.
What Works In Yours
- ✗ All four DfT scorecards AMBER — condition, spend, and best practice
- ✗ £23m steady-state gap admitted — seven years of under-investment
- ✗ 18% of U-roads RED — council prioritises A/B over local roads by policy
- ✗ 2024 U-road nil return — no valid condition data for 59% of the network that year
- ✗ 106,063 pothole safety defects in five years — defects form faster than surveys catch them
- ✗ B/C RED share up from 4.4% to 6.5% since 2020
The Winning Strategy Here Is Specificity
Against a council with published asset management and annual SCANNER data on classified roads, your claim lives or dies on the specific defect:
- • Prior reports of the same pothole (FixMyStreet, East Sussex Highways reports) — proof of actual notice
- • Photos showing the defect's size, depth and visible age (weathered edges, previous patching)
- • The road's class — on a U-road, the CVI methodology and 2024 nil return are your strongest structural arguments
- • Timing relative to the wet winter of 2023/24 and the 27,134-repair spike the council itself documents
Mac builds exactly this case: he searches for prior reports, assesses your photo evidence, and cites East Sussex's own transparency data where it helps you.
Hit a Pothole in East Sussex?
An all-amber council still owes a duty of care on your specific road. £35 for a professional claim pack.
DIY Claim
- • Submit photos and invoices
- • Use generic template letter
- • No U-road nil-return argument
- • No prior-report search
- • No £23m funding-gap citation
Professional Claim Pack
- ✅ 2024 U-road survey failure documented
- ✅ £23m steady-state gap cited
- ✅ 106,063 repairs in five years referenced
- ✅ Prior reports searched and attached
- ✅ Section 58 rebuttal tailored to East Sussex
No percentage fees. You keep 100% of any compensation.
Frequently Asked Questions
East Sussex is AMBER on spend and best practice as well as condition — can I still claim?
Yes. All four DfT scorecards are AMBER, but Section 58 turns on whether the specific defect that damaged your vehicle was reasonably inspected and repaired — not on aggregate ratings. East Sussex's own data shows capital spend forecast at £16.7m against a £21m DfT allocation in 2025/26, reactive maintenance rising to 7.4%, and road condition gradually declining. A council that publishes those figures cannot argue its network is well resourced in the abstract.
What if my pothole was on a residential or unclassified road?
Unclassified roads make up 1,994km — 59% of East Sussex's 3,375km network — and 18% were in RED condition at the last published survey in 2025. That is roughly 359km of estate roads, village lanes and residential streets. The council itself states that "the first roads to show signs of decline are usually the local unclassified roads" and that with limited funds it must prioritise A and B roads.
Does the 2024 nil return for unclassified road surveys help my claim?
It can. East Sussex carried out a Course Visual Inspection of U-roads in 2024 but concluded the results "were not considered to be accurate or reflective of the actual road condition" because the contractor lacked qualified inspectors and the survey slipped into winter. The DfT advised a nil return for 2024. For incidents in that period on U-roads, the council had no valid network-level condition data for the road class that makes up nearly three-fifths of its network.
Does the £23m annual funding gap admission help my claim?
Yes. East Sussex's own modelling found it would cost £23m per year to keep carriageways in the same condition overall, and the council admits funding "has been significantly less than the amount needed to achieve this" for seven years. Lack of money is not a Section 58 defence — the statutory test is whether the council took reasonable care — but it is documented knowledge that the network is under-funded relative to the council's own steady-state estimate.
Pothole repairs fell in 2024/25 — does that mean the roads are fixed?
No. East Sussex still filled 19,381 pothole safety defects in 2024/25 — about 53 every day — down from a peak of 27,134 in 2023/24 after one of the wettest winters on record. The council attributes the drop partly to an extensive patching programme, not to a network-wide recovery. Its funding tables forecast 23,746 pothole repairs in 2025/26.
How often does East Sussex actually survey my road?
A, B and C roads receive annual SCANNER surveys using sensor-equipped vehicles. Unclassified roads rely on Course Visual Inspections — drive-by visual assessments rather than laser measurement. When the 2024 U-road CVI failed validation, the council had no publishable condition data at all for that year. For most residential roads, your strongest structural argument may be the combination of CVI methodology, the 2024 nil return, and 18% RED at the last valid survey.
Data sources: Department for Transport — Local Road Maintenance Ratings 2025 to 2026 | East Sussex County Council Local Highways Maintenance Transparency Report 2025. Contains public sector information licensed under the Open Government Licence v3.0.