Highway agreements

Highway agreements are for the use of developers or land owners wishing to build a road to be maintained by the Council.

Such agreements are also necessary if the developer intends to make alteration to any of the existing highway as part of any associated 'off site' works.

Legal agreements for highway adoption are under sections 38, 228 and 278 of the Highways Act 1980

Section 38

Adoption by Legal Agreement - Section 38, Highways Act 1980

A Section 38 Agreement is completed to secure the adoption by the Highway Authority of new estate roads on private land owned by a Developer. The estate road may be either residential or commercial.

Planning permission is initially obtained in respect of an indicative layout. Following this the developer prepares detailed technical drawings and these are forwarded to the Council for approval. Once satisfactory, these drawings are added to the completed Section 38 Agreement and used to supervise the construction works. The works are carried out by the developer entirely at their own expense.

Under the terms of the Section 38 Agreement the developer is required to provide either a cash deposit or other form of security, such as a bond, to secure the cost of the road works. Such security is provided to prevent any purchasers of properties being liable for any street works charges. The developer will also be required to pay a fee for administration and inspections of the Highway. A schedule of fees can be found in the documents table below.

Upon satisfactory completion of the highway in accordance with the terms of the agreement, Plymouth City Council will adopt the roads as highway maintainable at the public expense (HMPE).

Section 228

Adoption by Notice - Section 228, Highways Act 1980

If an area of land is required to be adopted by the Council, for reasons such as facilitating further development or because it has previously been maintained by the Council, the Council may exercise the Highway Authority's functions under Section 228 of the Highway Act 1980 in respect of adopting the area of land as highway maintainable at the public expense. The procedure involves erecting notices within the vicinity of the site illustrated with a plan. The notices are maintained for one month.

The Section 228 procedure must only be used where the owner of the relevant area of land is not known. The procedure involves posting notices in accordance with Section 228 along or in the vicinity of the land to be adopted. The notices states that if any landowner wishes to object to the adoption they do so in writing to the named council within one month from the date of the notices being displayed on site. If no objections are received, the land is deemed to be adopted. Should objections be received, these are determined by a Magistrates Court.

Section 278

Legal Agreement to secure financial contributions - Section 278, Highways Act 1980

Where a development requires works to be carried out on the existing adopted highway, an Agreement will need to be completed between the developer and the Council under Section 278 of the Highways Act 1980. Examples of such works could be the construction of new access/junction improvement of the highway/junctions, or safety related works such as traffic calming or improved facilities for pedestrians and cyclists.

Under the Section 278 Agreement, the Council may provide the works at the developers expense, or may allow the developer to provide the works directly, subject to an approval and inspection process similar to that of the Section 38 agreement.

Under no circumstances shall works be permitted within the limits of the publicly maintained highway until the Section 278 Agreement is completed and the bond (if applicable) is secured.

Highway agreement application form [125KB]

Highway agreement fees [79KB]