We strongly encourage that all new residential estate streets are put forward for adoption as highway maintainable at public expense, for the benefit of the future residents. Our recommend route for securing this is a S38 Agreement (Highways Act 1980).
Lincolnshire County Council, as highway authority, will generally adopt SuDS components if they are necessary to drain the highway, adjacent to the highway, visually part of the highway and an integral part of the highway system.
Where it is necessary for rainwater from private residential property to drain to the highway drainage system, we will consider accepting these flows as part of an integrated system. These may be subject to a one-off service payment - please contact us to provide advice. The payment is related to the surface water charge levied by the Water and Sewerage Company. Payment will be required prior to commencement of the SuDS construction.
3.1.1.1 Using the right legal agreement
Adopting New Roads and Footpaths
For a proposed new road or new footpath to be maintained by us for the public, the road or footpath shall be approved and built to our specification, and you must enter into a legal agreement with us known as a Section 38 road adoption agreement (S38).
A proposed new road or footpath must have planning permission from the relevant District Council, must join a public road or footpath or a new road or footpath with a legal agreement, and shall be proposed to serve multiple dwellings or units before a legal agreement is entered into with us.
Agreement Payment
You shall make payment to us for the administration of each legal agreement prior to entering into the legal agreement.
Bond Money
Money shall be required for the cost of building the road or footpath, known as a bond, to be paid to us free of charge. This will be returned with interest when we are satisfied with the build.
Alternatively, you can arrange for a regulated company to guarantee the money and enter into the legal agreement. This money may be used by us if we are not satisfied with the build.
Maintenance Payment
A maintenance payment, known as a commuted sum, is a payment to cover the cost of future maintenance and replacement of certain infrastructure.
It is at our discretion when to charge a commuted sum but, in principle, it will be determined by the additional costs to us when we are responsible for maintenance.
Whilst not exhaustive, commuted sums are payable for structures such as bridges and walls, street lighting, traffic signals, non-standard surfacing and alternative materials.
A commuted sum will be added to the bond money and shall be paid before completion of the build.
We do not charge commuted sums for infrastructure we expect to be delivered as part of good street design, such as street trees and SuDS, which are in accordance with this guidance.
Section 38 Road Adoption Agreement
You shall enter into a legal agreement for new roads and new footpaths to be maintained by us for the public. The registered landowner, developer, bond guarantor (if no bond money is deposited), and any other person with an interest in the land must sign the legal agreement.
Public Infrastructure in Private Land
The registered landowner must enter into a legal agreement, known as an easement agreement, with us where infrastructure integral to the maintenance of public roads and footpaths is located within private land.
There shall be no physical obstructions or structures on, above or below the infrastructure within 3 metres either side of, or beyond, the asset, with the exception of minor services and simple fencing that may cross the asset perpendicularly.
This agreement shall be entered into at the same time as a Section 38 road adoption agreement.
Improving Public Roads and Footpaths
If the layout of a public road or footpath is proposed to be changed, the new layout shall be approved and built to our specification, and you must enter a legal agreement with us known as a section 278 agreement (s278).
Where the layout of a public road or footpath is not changed, but a new addition is required within the existing layout, the new addition shall be approved and built to our specification and you shall enter a memorandum of understanding with us known as a minor section 278 agreement (minor s278).
3.1.1.2 Apply to enter a legal agreement
Apply to enter a legal agreement
Application Forms
To enter into a legal agreement with us, you shall submit technical details of your proposals for approval along with the relevant application form.
All applications shall be submitted with the required minimum details to enable us to review and approve the application in accordance with the specification. You should submit additional details that are relevant to the application and shall provide additional details when requested by us.
All layout drawings shall include the following solid colours:
Outline of works area – Red
Areas for adoption – Green
Easements in private areas – Blue
Application Payment
You shall make payment when applying to enter into a legal agreement to cover the initial cost to us for administering the application and providing technical feedback. This payment is non-refundable.
Application Approval
An application is approved for one legal agreement and is valid for a period of 12 months from the date of the approval letter. You should enter into the legal agreement within this period.
We reserve the right to review the application and its details after this period, or when you request the application approval to be phased through multiple agreements.
It is your responsibility to inform us of any changes to the application before it is approved.
Inspection Payment
When the application is approved and before the build begins, you shall make payment to us to inspect and test materials during the build. The application payment will be deducted from the inspection payment.
