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Road adoptions and private roads

Road adoption is the process where developers legally designate new privately constructed roads as 'highway' (a route for public use) and hand over legal responsibility for their maintenance to the local Council. As an authority, we aim to adopt all roads which serve more than 5 dwellings, however it is the developer's decision whether or not to offer a road for adoption.

If a road is intended to be offered for adoption, it must meet specific construction standards after the layout has been approved through the planning process. Details of these standards are available in our General Estate Roads Specification Aid.

Construction must not begin on a road to be offered for adoption until planning permission has been granted and all the highway related conditions (which may require revised details) have been discharged and the developer has entered into an agreement under Section 38 of the Highways Act in order to eventually get the road adopted.

Fees are applicable for the consent and approval processes (which includes any approvals required for structures within the highway).

Alterations to existing highway (Section 278 agreements)

In addition to the adoption of new roads, the Team Leader for Development Infrastructure is responsible for administering the process of making alterations to roads etc in the existing highway usually as a result of a planning permission.

This process requires a legal agreement under Section 278 of the Highways Act.

Fees are applicable for the consent and approval processes (which includes any approvals required for structures within the highway).

Dropped kerbs

Domestic dropped kerb accesses over footways or verges generally do not require a Section 278 Agreement, but larger access junctions would be subject to this process.

Contact us

For further details regarding the Section 38 or Section 278 process and fees please email development.infrastructure@bedford.gov.uk or write to the Team Leader for Development Infrastructure, Engineering Services, Bedford Borough Council, Borough Hall, Bedford, MK42 9AP.

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