Source
Department for Transport — Local road maintenance ratings 2025 to 2026
Torbay Council's own transparency report records a 58.1% rise in potholes filled between 2021/22 and 2024/25 — from 2,878 to 4,552 — while describing a progressively deteriorating network. The DfT rates overall maintenance AMBER with GREEN condition, but SCANNER data shows B and C roads in RED condition climbed from 5.3% to 8.7% since 2020 on a 576km network where estate roads make up 79% of all carriageways.
Five years of SCANNER survey data from Torbay's own transparency report — classified roads slipping even as the DfT awards a GREEN condition scorecard
Torbay's strategic A380 and A385 corridors link Devon to the national network. After four years of stable condition, 2024 brought the sharpest deterioration on record — green A-roads fell nearly five percentage points in a single survey year.
| Year | Red | Amber | Green |
|---|---|---|---|
| 2020 | 5.3% | 33.2% | 61.4% |
| 2021 | 5.3% | 33.2% | 61.4% |
| 2022 | 5.4% | 33.1% | 61.4% |
| 2023 | 6.4% | 32.3% | 61.2% |
| 2024 | 8.7% | 31.4% | 59.9% |
B and C roads in RED condition are up 64% since 2020 (5.3% → 8.7%), and good-condition roads have fallen from 61.4% to 59.9%. More than 40% of Torbay's classified local roads now need — or will soon need — maintenance.
Torbay's capital spend tracks its DfT allocation closely — not the overspend pattern of better-funded authorities — while reactive maintenance has climbed from 24% to a projected 28%. On a network valued at over £700 million, the 2025/26 plan treats just 9.7km of carriageway structurally (2.4km resurface, 7.3km thin overlay or surface dress, 0.4km reconstruction) against 576km of roads.
79% of Torbay's network is unclassified roads — surveyed selectively, not comprehensively
| Year | U-roads in RED condition (SCANNER route) |
|---|---|
| 2020 | 4.13% |
| 2021 | 4.13% |
| 2022 | 5% |
| 2023 | 5% |
| 2024 | 3% |
Torbay commissions annual UKPMS SCANNER surveys through SWISCo and WDM on a predetermined route covering the classified network and the highest maintenance hierarchy unclassified roads — not every estate street. The U Class network is predominantly estate roads, with some strategic routes to wards and trading estates.
If your pothole was on a residential estate road outside the SCANNER hierarchy, the published U-road RED percentages may not reflect the condition of your specific carriageway.
SWISCo has commissioned RoadMetrics AI for a two-year assessment of the full U Class network using artificial intelligence survey methods, adopting PAS2161 and consulting the DfT on the emerging data standard. From 2026/27, PAS2161 will replace the current three-category SCANNER system nationally.
This parallel survey is still in progress. Until it completes, estate road condition knowledge rests on cyclic safety inspections and public reports — not comprehensive laser survey data.
To rely on the Section 58 defence, a council must show it had a reasonable system for knowing the condition of its roads. For Torbay's estate network, ask:
A council cannot claim detailed network knowledge from a selective SCANNER route covering a fraction of its 457.5km of estate roads.
The scale of reactive repair tells you how many defects this network produces
| Year | Potholes filled | Year-on-year change |
|---|---|---|
| 2021/22 | 2,878 | Baseline |
| 2022/23 | 3,303 | +14.7% |
| 2023/24 | 4,241 | +28.3% |
| 2024/25 | 4,552 | +7.0% |
| Four-year total | 14,974 | +58.1% overall |
Torbay states that due to a deteriorating asset, it will be consistently increasing the amount of potholes and defects it attends to. It projects at least 4,870 pothole repairs in 2025/26 — a further 7% rise. A network producing defects at this rate is one where potholes routinely form between inspections.
Torbay's 2025/26 strategy centres on a ‘right first time’ approach through SWISCo, with new excavation equipment intended to produce more permanent patching and fewer reactive temporary repairs. The council is investigating whether this reduces re-attendance rates. Until those results are published, the rising pothole count is the measurable reality.
Torbay's own explanation for rising repairs and reconstruction — in its own words
“Due to rising costs and a progressively deteriorating network, there has been an increase in reconstruction and resurfacing projects. Thin overlay sites are now mainly focused on refreshing entire estates and areas with the highest skid resistance risks.”
— Torbay Council Local Highways Maintenance Transparency Report 2025/2026
“We estimate that due to a deteriorating asset, we will be consistently increasing the amount of 'potholes and defects we attend to, however with the introduction of new methods of excavation with the new equipment, we believe that we will be undertaking more patching and less reactive temporary repairs.”
— Torbay Council Local Highways Maintenance Transparency Report 2025/2026
Torbay formally acknowledges its highway asset is progressively deteriorating and that pothole attendances will keep rising. That is documented knowledge of an elevated defect-formation rate across the network — not an isolated bad winter.
Knowledge of accelerating deterioration raises the standard for what a ‘reasonable’ inspection and repair regime looks like under Section 58, particularly on estate roads where structural treatment is concentrated on entire-area thin overlay schemes.
Torbay overhauled its Highway Safety Inspection Manual in 2024, moving fully to a risk-based approach aligned with Well-Managed Highway Infrastructure guidance. The stated aim is fewer site re-attendances and defects addressed correctly the first time.
If your incident post-dates the overhaul, the council may cite the new manual. If your pothole was reported under the prior regime and left unrepaired, the earlier inspection criteria and response times remain directly relevant to your claim.
Honest assessment: Torbay is not failing on every metric — here is how that changes your approach
Expect a structured Section 58 defence citing inspection frequency and asset management policy. Generic claims will struggle.
Against a council with a GREEN condition scorecard and documented inspection policy, your claim lives or dies on the specific defect:
Mac builds exactly this case: he searches for prior reports, assesses your photo evidence, and cites Torbay's own transparency data where it helps you.
Torbay's highway maintenance guidance states it cannot be everywhere every day and relies on public reports to supplement cyclic inspections. All reports are inspected within five working days. Reporting creates a dated record — useful evidence if the pothole was reported before your incident, or if SWISCo failed to repair it within a reasonable time.
Report a pothole to Torbay CouncilFor emergencies call 01803 207720 (office hours) or 01803 701310 (24 hours). Keep your reference number and any confirmation.
A GREEN-condition council still demands a precise claim. £35 for a professional claim pack.
No percentage fees. You keep 100% of any compensation.
Yes. The DfT Condition scorecard is GREEN at network level, but Torbay's own SCANNER data shows B and C roads in RED condition rose from 5.3% in 2020 to 8.7% in 2024, and A-road RED rose from 2.6% to 3.9% in the same period. Section 58 turns on whether the specific defect that damaged your vehicle was reasonably inspected and repaired — not on an aggregate scorecard that can mask local deterioration.
Unclassified roads make up 457.5km — 79% of Torbay's 576km network — and are predominantly estate roads. SCANNER surveys cover only the highest maintenance hierarchy U-roads, not the full estate network. SWISCo has commissioned a separate two-year RoadMetrics AI assessment of U-roads using PAS2161 methodology. If your road was outside the SCANNER route, network-level condition data may not exist for it.
Not automatically. Torbay states each part of the highway will be inspected at least twice per year, and reports defects within five working days. But the council also admits a progressively deteriorating network and expects pothole attendances to keep rising. Twice-yearly driven inspections do not guarantee every defect is caught — especially on a network where reactive repairs climbed 58.1% in four years. Prior reports and photographic evidence of defect age remain decisive.
It may help or hinder depending on timing. Torbay overhauled its Highway Safety Inspection Manual in 2024, moving to a fully risk-based approach aligned with Well-Managed Highway Infrastructure guidance. If your incident occurred after the change, the council may argue its new system was reasonable. If the pothole was reported before the overhaul and not repaired, or if the defect predates the new criteria, the prior inspection regime and response times are still relevant.
Torbay filled 2,878 potholes in 2021/22 and 4,552 in 2024/25 — a 58.1% increase the council publishes itself. It simultaneously describes a progressively deteriorating network and projects at least 4,870 pothole repairs in 2025/26. Rising reactive workload on a network valued at over £700 million suggests defects are forming faster than structural renewal can keep pace, even where aggregate SCANNER scores remain acceptable.
Torbay's transparency report states maintenance responsibility for the high-speed dual carriageway between the South Devon Link Road and the eastern and western corridors linking Paignton and Brixham to Torquay is shared with Devon County Council. If your damage was on that section, establish which authority had maintenance duty at the precise location before submitting a claim.
Torbay's highway maintenance guidance states it inspects all reports within five working days and encourages residents to report defects it cannot catch on cyclic inspections alone. Reporting creates a dated council record — useful if the pothole was reported before your incident, or if SWISCo failed to repair it within a reasonable time. Keep your reference number and any confirmation.
Data sources: Department for Transport — Local Road Maintenance Ratings 2025 to 2026 | Torbay Council Local Highways Maintenance Transparency Report 2025/2026. Contains public sector information licensed under the Open Government Licence v3.0.
Reusable evidence record
Rating period: 2025-2026 · Reviewed 19 July 2026
Department for Transport — Local road maintenance ratings 2025 to 2026
Overall AMBER; condition GREEN; spend AMBER; best practice AMBER.
This is network-level context. The rating does not determine liability for a particular incident or establish what was known about a specific defect.
Correction status: No correction recorded.