Adoption of Unadopted Streets
Unadopted streets are not maintainable by the council at public expense. Typically, responsibility for their maintenance rests with the developer who constructed them, the owner of the street or, where the owner is unknown, each of the adjoining property owners along the street.
The vast majority of unadopted streets within the city are constructed by developers, as part of residential or industrial development. In these instances, it is usual for the developer to enter into an adoption agreement with the council under section 38 of the Highways Act 1980. The agreement ensures that the street will be constructed to a standard suitable to be adopted, at no cost to the property owners along the street, as highway maintainable at public expense. Streets covered by a section 38 agreement are shown in the List of Streets.
Where a new development requires an amendment to an existing adopted highway an agreement under section 278 of the Highways Act 1980 is required. The agreement ensures that the developer undertakes the work to a suitable standard and at no cost to the property owners along the street or the council.
Developers wishing to enter into a section 38 or 278 agreement can find further information on the process in our 6C’s Design Guide.
http://www.leicestershire.gov.uk/index/highways/road_improvements/htd.htm
Highways Act 1980 Section 38 and 278 Agreements
Copies of individual section 38 and 278 agreements, including the coloured site plan, but excluding drawings showing technical details can be obtained from our Legal Services for a fee of £50 plus VAT. In the event that technical drawings are required, copies can be obtained at an additional fee based on the actual cost of production.
All enquiries for copies of agreements should be addressed to Legal Services:-
Telephone 0116 252 6348
