The purpose of section 38 of the highways act
Section 38 of the Highways Act (the Act) provides for the local highway authority to maintain at public expense (adopt) a road that forms part of new private development via the means of a legal agreement. This section of the Act also entitles the council to seek expenses for maintenance through commuted sums.
Developers are encouraged to approach the council at the earliest opportunity to discuss proposals and adoption requirements. A Section 38 Agreement application form must be completed before consideration of adoption can be given.
Private development
For guidance on the layout of roads and areas that serve private residential developments/ industrial and commercial developments please refer to Design Layouts.