When a road on either a new housing or industrial estate is proposed, Highways Development Control Team check the plans to ensure they comply with our standards.
When a new housing estate or industrial estate is proposed, the developer should either pay the highway authority a cash deposit, called an 'advance payment', or enter into a section 38 agreement.
A Highways Act (1980) section 38 agreement is a legal agreement between the developer and the council to ensure that the roads and footways are constructed to an adoptable standard. As part of this agreement, the developer has to provide a bond. A bond is insurance that in the event of the developer failing to finish the roads, monies are available to complete the works, and enable the road to be adopted by the Council.
A Highways Act (1980) section 278 agreement may also be entered into by a developer. This is a legal agreement between the developer and the council, in respect of work to alter existing roads and footways.
If you are buying a house on a new housing estate, your solicitor will check if there are any agreements in place. This is done by means of a land charge search, which will include details of these agreements or any other notice issued under the Highways Act.
When roads within a new housing estate are to be adopted by the highway authority, the works are checked as they progress to make sure that they are being built to established standards.
Design specification for residential and industrial housing estates
A guide for architects and developers has been put together to provide advice on the procedures to be followed to secure the adoption of estate roads, and to set down the construction standards. Shropshire Council encourages innovation in design, and each development is unique. The current guide is under further review, and it is hoped that it will be available in due course. The guide provides information:
- To ensure an acceptable quality and standard of construction for adoptable areas which can be satisfactorily maintained at a reasonable cost.
- To allow for the efficient provision of public utilities and other services.
You can view the guide online, or download a copy for printing, by opening the attachments on this page.
Please also see the attachment entitled 'Manual for streets', which provides further specification information.