Adoption of Highways
Section 38 of the Highways Act 1980 allows for new roads and highways to adopted and publicly maintained by the Local Authority.
Any new road or footway constructed as part of a new development should be progressed through a Section 38 Agreement between the Council and the Developer.
From September 2022, Wakefield Council has adopted a new process for the progression of Section 38 Agreements to improve efficiencies and provide the best service for the developers and the people of Wakefield.
Please note there should be a Planning Permission before you can apply for a Section 38 Agreement.
Design Requirements
Wakefield Council will only consider the adoption of new roads and paths that are designed and constructed to our standards.
All designs should be in accordance with the Street Design Guide. Copies in PDF format of the required Standard Details can be obtained by contacting the Section 38 team directly via email to section38@wakefield.gov.uk.
Costs
Details of the fees in relation to a Section 38 Agreement are detailed in the Application Pack.
An example of costs is detailed below
| Charge Description | Fee |
| Application Fee (this is a non-refundable deposit, which will be discounted from the Section 38 Fee) | £2,500 |
| Section 38 Fees where the agreement is sealed before works commence | 10% of total estimated works value pre-construction |
| Section 38 Fees where the agreement is sealed when the site works are substantially completed | 12.5% of total estimated works value pre-construction |
| Section 38 Fees where the agreement is sealed once site works are completed | 15% of total estimated works value pre-construction |
| Bond (to be provided in cash or by a surety) | The total estimated works value pre-construction (plus any applicable commuted sums if the bond is provided by a surety) |
| Traffic Regulation Orders (TROs) | £5,000 minimum charge per order |
| Commuted sums for landscaping, structures, non-standard materials, drainage, street furniture, etc | Total cost of item |
This list is not exhaustive, additional costs may arise where additional works are necessary. We will notify the developer about additional fees as soon as is reasonably practicable.
Scheme number
Once an application is submitted you will be issued with a scheme number, please ensure that this is quoted on all correspondence.
Contact Us
Wakefield Council Highways Section 38/Highways Development Management Regeneration and Economic Growth Planning, Transportation and Strategic Highways Wakefield One Burton Street Wakefield WF1 2EB