Road adoption agreements
We ensure that new housing development roads are built to the appropriate standard for adoption. We maintain the statutory record of adopted highways in County Durham and can provide information on the status of the highway.
The Highways Act 1980 sets out the legislative framework. Adopted streets are those which are maintainable at public expense. The maintenance of private or unadopted streets is the responsibility of those with property fronting the street. These streets are usually unmade. Private streets can be adopted by the council, but only if the street is made up to a standard whereby it can be adopted. The team can provide advice on how to do this.
Section 38 Agreements
Section 38 of the Highways Act 1980 enables a developer to enter into an agreement with the council whereby the developer agrees to build new roads to the council's standards, and the council agrees to adopt these roads on satisfactory completion. We will then maintain them thereafter.
Section 278 Agreements
Where the road needs to be improved as a result of a development, for example a new roundabout at the access to a new supermarket or alterations to the footway where a new road joins with the existing road, the developer will enter into an agreement with the council under Section 278 of the Highways Act 1980 to alter the existing highway. The agreement ensures that the improvements are paid for by the developer and constructed to an acceptable standard. A developer cannot carry out work on the existing highway without such an agreement.
Register of adopted streets
We maintain the statutory register of adopted streets in County Durham. This is simply a list of streets that the council maintains. This is available for public inspection during office hours. It is also available to view on the Adopted Highways Map page. Together with the current adopted highways and live agreements, the map also identifies those road and traffic schemes relevant to questions 3.4 and 3.6 on the Con 29R Local Authority search form.
If you would like to know more about road adoption agreements, please get in touch.