Road adoptions, and representations on highway works
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Section 38 - 278 application form [127.5 KB] [xls]
Section 38 - 278 guidance notes [164.5 KB] [pdf].
Section 171 application form (from 1st April 2024) [53.0 KB] [pdf] for development related schemes.
For applications to work on private households (such as vehicle crossover), please contact East Sussex Highways:
- Telephone: 0345 60 80 193
- Website: East Sussex Highways
Electronic copies of Section 38 agreements and Section 278 agreements are charged at £15. Please see Highway extent searches (highway boundaries).
How does a road become adopted?
If a road is built by us, adoption is usually straightforward. If a road is built by a third party, for example, the builder of a residential, commercial or industrial development, a legal agreement is made with us to make sure that the new highway is adopted into the overall network.
When we are asked to adopt a road, we ensure that:
- the third party proposing adoption has ownership rights
- it is suitably built and meets design standards, for example road layout and alignment
- it is in good repair with no defects
- the drains and streetlights meet the necessary standards
We may also need a financial contribution for any future maintenance.
Adoption of new roads
The Council may adopt new roads that are constructed to our design and construction standards. This is usually confirmed under a Section 38 agreement under the Highways Act 1980.
Adoption of existing roads
The Council will consider adoption of existing private roads and streets providing they are brought up to an adoptable standard by the owners.
Adoption is usually progressed under Section 228 of the Highways Act 1980. For further information, please contact us:
Highway improvements
The Council may agree to authorise highway improvements carried out by third parties, usually via a Section 278 agreement under the Highways Act 1980.
Design guidance
Please find below our latest local design guidance and links to national design standards:
- Design standards for industrial roads [294.0 KB] [pdf]
- Traffic signal design and installation standards [868.1 KB] [pdf]
Construction specifications
East Sussex Council Council construction specification for developers [529.4 KB] [pdf]
Acceptance form – highway construction specification for developers [100.7 KB] [docx]
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