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Technical approvals and highway adoption (Section 38 and Section 278 agreements)
This section comprises the council’s requirements where it is the developer’s intention to construct new highway, suitable for adoption and therefore maintainable at public expense, including:
- The process for seeking adoption of highway under Section 38 of the Highways Act, including the technical approval of the design.
- The council’s Advanced Payment Code Procedure for roads that are both to be adopted or remain private.
- Approval of works to existing public highway under Section 278 of the Highways Act.
- Managing the Network and the council’s permit scheme.
- The Traffic Regulation Orders process.
- The council’s standard conditions relating to all works that are intended to become highway maintainable at public expense.
- The developer’s responsibility for health and safety of their proposals.
- How commuted sums are calculated that ensure there is a mechanism by which the highway authority can recover costs from the developer for the maintenance of adopted “extra over” assets and areas.
- How and when to apply for an agreement under Section 184 of the Highways Act.
Please also refer to Department for Transport’s Advice Note "Highways Adoption".
'The Act’ as mentioned in this Section, refers to the Highways Act 1980 unless otherwise stated.
All pages within this section:
- Highway adoption policy
- Pre-submission technical advice service
- Section 38 agreements and highway adoption
- Section 278 agreements and highway adoption
- Technical approval of roads to remain private
- Plans and data requirements for the technical approvals process
- Health and safety
- Commuted Sums
- Section 184 applications