Guidance for developers

Residential Development Roads

Developers planning a development estate road should inform us as early on in the process as possible whether the intention is for it to be adopted, or remain private.

For an adoption this must be done through the process of an agreement under Section 38 of the Highways Act 1980.

Where it is the intention for it to remain private we will serve a notice under Section 219 of the Highways Act 1980 to secure a deposit or bond unless exemptions apply.

Section 38 – To Adopt By Agreement

Developers will be required to design and construct the estates roads to the following standards:

  • Development Road and Sustainable Drainage Design Approach
  • Development Road and Sustainable Drainage Specification.

They will also need to make a full submission of investigations, calculations, details, layouts with approvals/consents for technical approval.

The deposit sum/bond will then be calculated, along with the Development Road Fee and a Commuted Sum (if relevant).

The Section 38 Agreement must be signed by all parties prior to the construction of the estate road.

The adoption will be at risk if any part is constructed without being inspected by Lincolnshire County Council.

Submit a request for a proposed development estate road to be adopted.

Section 219 - The Advance Payments Code

To ensure the development streets are constructed to a satisfactory standard we have the power to secure a deposit.

The notice will be served to the land owner and developer upon notification of approval of the Building Regulations and a charge will be registered on the land.

The notice will be enforceable upon construction of the buildings and will be served upon all developments unless:

  • it consists of 5 or less units in total
  • it consists of temporary dwellings or temporary seasonal dwellings
  • it will be occupied solely by social housing and managed by a registered provider
  • it is solely the construction of apartments or flats
  • it has a signed Section 38 Agreement
  • the new street is less than 100 yards (91.44m) in length
  • the new street is to be fronted by solely industrial and commercial buildings

If the developer has offered the estate roads for adoption, the notice will be cancelled and the land charge removed when the Section 38 Agreement has been signed.

The developer will need to make a submission of investigations, calculations, details, layouts with approvals/consents and provide evidence of construction to a satisfactory standard.

If constructed to the satisfactory standard the sum will be refunded or released and the land charge removed.