Adopting new roads and footpaths
For a proposed new road or new footpath to be maintained by us for the public, the road or footpath shall be approved and built to our specification, and you must enter a legal agreement with us known as a section 38 road adoption agreement (s38).
A proposed new road or footpath must have planning permission from the relevant District Council, must join a public road or footpath or a new road or footpath with a legal agreement, and shall be proposed to serve multiple dwellings or units before a legal agreement is entered with us.
Improving public roads and footpaths
If the layout of a public road or footpath is proposed to be changed, the new layout shall be approved and built to our specification, and you must enter a legal agreement with us known as a section 278 agreement (s278).
Where the layout of a public road or footpath is not changed, but a new addition is required within the existing layout, the new addition shall be approved and built to our specification and you shall enter a memorandum of understanding with us known as a minor section 278 agreement (minor s278).
Agreement payment
You shall make payment to us for the administration of each legal agreement prior to entering the legal agreement.
Bond money
Money shall be required for the cost of building the road or footpath, known as a bond, to be paid to us free of charge which will be returned with interest when we are satisfied with the build. Alternatively, you can arrange for a regulated company to guarantee the money and enter the legal agreement. This money may be used by us if we are not satisfied with the build.
Maintenance payment
A maintenance payment, known as a commuted sum, is a payment to cover the cost of future maintenance and replacement of certain infrastructure. It is at our discretion when to charge a commuted sum but in principle it will be decided on the additional costs to us when we are responsible for maintenance. Whilst not exhaustive, commuted sums are payable for structures such as bridges and walls, streetlighting, traffic signals and non-standard surfacing and alternative materials. A commuted sum will be added to the bond money and shall be paid before the completion of the build.
Section 38 road adoption agreement
You shall enter into a legal agreement for new roads and new footpaths to be maintained by us for the public. The registered land owner, developer, bond guarantor, if no bond money is deposited, and any other person with interest in the land must sign the legal agreement.
Section 278 and minor section 278 agreement
Before an application is made to us to enter the public road and footpaths, you must enter into a legal agreement with us along with a bond guarantor, if no bond money is deposited.
Public infrastructure in private land
The registered land owner must enter a legal agreement, known as an easement agreement, with us where infrastructure integral to the maintenance of public roads and footpaths are located in private land. There shall be no physical obstructions or structures on, above or below the infrastructure within 3 metres either side of, or beyond, the asset with the exception of minor services and simple fencing that may cross the asset perpendicularly. This agreement shall be entered at the same time as a s38 or s278 agreement.