Roads

Section 38 Agreement

The Highways Act 1980 (the Act) (www.opsi.gov.uk/si/si2006/20060537.htm) contains various provisions whereby roads can be adopted by the highway authority as highways maintainable at public expense. New roads that have been built in accordance with Medway Council guidelines are normally adopted by way of an agreement between the developer or client and the council under Section 38 of the Act. Other parties, such as housing associations, may also be attached to the agreement. Existing private roads will not normally be adopted unless the owners of the road bring them up to current standards.

Section 278 Agreement

Alterations to be made to an existing public highway maintainable at public expense can be carried out using a Section 278 Agreement in accordance with the Act.

Section 37 Notice

Roads that have not been adopted under an agreement and are not deemed private can become a public highway by means of a developer or client entering into a Section 37 Notice in accordance with the Act's provisions.

Enquiries about road adoption should be made using the contact details below or by completing the online form.

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