Unadopted Roads
The question
To ask the Secretary of State for Transport, how many and what proportion of new housing developments had a Section 38 agreement in place at the start of construction in each of the last five years; and what enforcement measures are in place for developers who do not fulfil the terms of such agreements.
Answered by Simon Lightwood
Under Section 38 of the Highways Act 1980, developers may enter into agreements with local highway authorities to enable the adoption of new roads. Each authority applies its own procedures and fees, and there is currently no national system to track these agreements or link them to housing developments. Authorities may refuse adoption if roads are not built to the required standard, ensuring that the cost of remedial work does not fall on the public purse. Many authorities also require financial bonds to safeguard completion if a developer defaults. The Department is aware of a decline in road adoption rates across England and is actively investigating the issue to identify potential improvements.
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