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View a list
of roads (pdf 4,709KB) in Medway that shows which are publicly
maintainable and which are private or mixed.
Request a map of areas, roads or properties in
A map will be provided with additional detailed information of
any highway or traffic schemes or land within 200m (218.7yds) of
the selected location.
Fees will apply to Solicitors, Housing developers and Land
search agencies. You will be contacted regarding the relevant fee.
Fees are £22 for an A4 plan or £32.80 for an A3 plan. Each
additional question asked on any search for road adoption will be
charged at £5.40 per question. Payment for these charges can be
made via debit/credit card.
The term 'adoption' is used to define maintenance
responsibility for the road. Whether a road is likely to be adopted
by the council or not depends on the developer. The developer
is whoever signed the Road Agreement or Notice, which may be a
housing association, landowner, or builder. The developer must
finish building the road to agreed standards, including remedial
works and legal and financial requirements. They then choose
whether the road is to be adopted by the council. We cannot force
the developer to do this nor our we able to affect the timing of
the work being carried out.
If a road is adopted, we will be responsible for:
- the repair of the roads and paths
- street lights
- winter gritting of main routes and gully cleaning
- the highway surface water drainage system
- the service margins or landscaped areas
We are not responsible for maintaining unadopted roads.
If a Section 38 agreement is signed, the developer, as
street manager, maintains the road until adoption is complete. If
no agreement or notice under the Act has been entered into, the
developer or a private management company remains responsible for
the road and the road is private. If a road is to remain
private, costs will be the responsibility, jointly, of all the
householders with a frontage on the road. A road will also remain
private if the council does not receive fees or information from
The council cannot force private developers to carry out work on
an unadopted road. It can and does make representations on behalf
of residents of new roads but it has no powers under the Act to
make developers comply.
Section 38 agreement
The Highways Act
1980 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
If you would like a copy of the agreement phone 01634 33
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