Road Adoption
'Road Adoption' is where the Council ‘adopts’ existing or newly-built ‘private streets’ that are considered beneficial to the public.
Existing Private Streets
Existing ‘private streets’ are unadopted roads which are not maintained at public expense, even though they could be public rights of way to which highway and traffic law can be applied. Usually, the owners of properties fronting unadopted roads own the road up to the centre line and have responsibility for maintaining it in a satisfactory condition (eg, the filling-in of potholes).
A road will not normally be adopted unless it is brought up to satisfactory standards by the owners of the road. It may, for example, be without kerbs, footways, surface water sewers, gullies or lighting, or the surface may be in poor condition.
Note that any road which has been in existence prior to 1835 is assumed to be a publicly-maintainable highway, or more commonly known as an ‘ancient highway’.
New Private Streets
New ‘private streets’, provided they have been constructed in accordance with the Council’s guidelines, are normally adopted by way of an agreement between the developer and the Council under Section 38 of the Highways Act 1980.
Getting a Road Adopted
Any person who wishes to dedicate a road as highway can do so by giving notice to the Council under Section 37 of the Highways Act 1980. The road may then be adopted by the Council if it is satisfied that the road has been constructed to satisfactory standards and is of sufficient benefit to the public.
Roads can also be adopted by free dedication. This process is usually used when a landowner wishes to dedicate small areas to the Council without the benefit of a legal agreement.
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