Road Adoption - Adoption of Streets on Residential, and Industrial Estates

 

The Council have powers to enter into a Legal Agreement with a Developer under Section 38 of the Highways Act 1980 for the adoption of highways on new developments. The Developer having obtained Planning Consent, needs to submit the scheme for Technical Approval, submit the plans to be bound into the Legal Agreement, secure the completion of the work by a Bond of Surety, then pay a Supervision Fee based upon the estimated cost of the scheme together with the Council’s Legal Fee.

 

A copy of the current Adoption Policy Document covering general requirements, procedures relating to the adoption and construction specifications is available free of charge upon request either by using the contact information below.

 

Section 38 Agreements are based upon the Model Agreement Roads for Adoption (second edition) published by the Local Government Management Board.

 

 

a.) Provisions relating to access being made available for cable television ducts to be laid during construction of estate roads if required by Cable Company.

 

b.) The Agreement is noted against the Developer's title at Land Registry.

 

c.) The period of construction will relate to the date that construction starts on site and not when the Section 38 Agreement is signed.

 

d.) Where the Developer fails to complete the whole of the works by the date written into the Section 38

Agreement, the Developer will be responsible for any additional supervision costs incurred by the Council where these exceed the fee already paid.