Planning and highways agreements

Section 106 Agreements − Town and Country Planning Act 1990

Where appropriate developer contributions may be sought to provide improvements to the highway network to facilitate the development. This is done by an agreement between the Authorities and the landowner/developer.


Section 278 Agreements − Highways Act 1980 - Developer Funded Improvements Works to the Existing Highway

Where highway objections to proposals can be overcome by improvements to the existing highway, developers can enter an agreement that requires them to pay for or undertake such works. These works may include minor highway realignments, roundabouts, traffic signals, right-turning lanes, passing bays, etc.

Prior to the commencement of construction, developers are requested submit full construction drawings for approval and enter into a Section 278 Agreement with a Bond to cover the full road construction. Developers are advised that without such an Agreement in place they may not commence any works within the public highway

Section 38 Agreements − Highways Act 1980 - New Housing Estate Roads

Planning applications for residential development should be designed to meet the recommendations contained in the current edition of the 6C's Design Guide with appropriate reference to Manual for Street and Manual for Streets 2. The Highway Authority will advise as to which design elements are or are not suitable for inclusion in a prospective Agreement under Section 38 of the Highways Act 1980. All works to be offered for adoption will also have to meet the Council's standard specifications for publicly maintainable highways.

Prior to the commencement of construction, developers are requested to submit full construction drawings for approval and enter into a Section 38 Agreement with a Bond to cover the full road construction costs. Without such an Agreement in place developers will be required to deposit monies with the Council under the Advance Payments Code.

Developers are advised that without such an Agreement in place they should not commence any works and any construction undertaken may prejudice the future adoption of the estate roads concerned

A design guide is also available for industrial roads although it is not the normal practice of this Authority to adopt these

Commuted Sums

For traffic signals, structures, soakaways, landscaping, street furniture and works not normally of standard construction, layout or provision, a commuted maintenance sum may also be charged to the developer.

HGV 'O' Licences

The Highway Authority may also comment on applications made to the Traffic Commission for new and alterations to existing HGV operating centres.

There are however only two permitted reasons for highway objections, these are:

  • The site is too small for the parking and manoeuvring of the number of vehicles proposed.
  • Access from the site onto the adjoining public highway is potentially unsafe.

Note the adequacy and/type of the roads leading to the site are not deemed to be acceptable grounds for a highway objection.