Road adoption

As the highway authority, we are consulted on planning applications for developments which may affect the road network or include the construction of new roads.

A development can range from a domestic garage to a large housing estate or major supermarket.

As the highway authority, we may require the developer to fund highway improvement works for the proposals to be acceptable. Works must meet appropriate standards to allow adoption into the highway network.

Section 38 guidance for developers

Section 38 of the Highways Act (1980) empowers North Yorkshire Council, as the Local Highway Authority, to adopt and maintain at public expense new roads, footways, footpaths, cycle lanes, cycle tracks, and other areas constructed by developers or other third parties through a legal agreement process.

This guidance document aims to provide developers and their consultants with the comprehensive information needed to submit a complete Section 38 (S38) submission for design review. It outlines the responsibilities and obligations of the developer, consultant, and highway authority in the design, approval, and supervision of proposed new highways. Additionally, it details the steps required to commence works on-site and the procedures for the maintenance and final adoption of the completed works.

•  Section 38 guidance - February 2025 (pdf / 1 MB)
•  S38 application request form - February 2025 (docx / 718 KB)
•  S38 Submission tracker - February 2025 (xlsx / 35 KB)
•  Advanced payment codes process (pdf / 709 KB)
•  S38/S278 and S184 agreements (pdf / 581 KB)
•  Traffic Management Act 2004 and New Roads and Street Works Act 1991 (pdf / 449 KB)
•  Section 38 Pre-start agenda (pdf / 544 KB)
•  S38 Post construction checklist - February 2025 (docx / 157 KB)

Section 278 guidance for developers

Section 278 of the Highways Act (1980) empowers North Yorkshire Council, as the Local Highway Authority, to authorise works on existing public highways. This includes the ability to adopt and maintain highway works constructed by developers or other third parties through a legal agreement process.

This guidance document aims to provide developers and their consultants with the comprehensive information needed to submit a complete S278 submission for design review. It outlines the responsibilities and obligations of the developer, consultant, and highway authority in the design, approval, and implementation of off-site highway works. Additionally, it details the steps required to commence on-site works and the procedures for the maintenance and final adoption of the completed works.

•  Section 278 guidance - February 2025 (pdf / 1 MB)
•  S278 application request form - February 2025 (docx / 1 MB)
•  S278 Submission tracker - February 2025 (xlsx / 41 KB)
•  S38/S278 and S184 agreements (pdf / 581 KB)
•  Traffic Management Act 2004 and New Roads and Street Works Act 1991 (pdf / 449 KB)
•  Note to compliers of contract documents - February 2025 (pdf / 465 KB)
•  Section 278 Pre-start agenda (pdf / 546 KB)
•  S278 Post construction checklist - February 2025 (docx / 162 KB)

The Manual for Streets and interim guidance

We are currently developing a new highways design guide to replace the current guidance. With the new Manual for Streets due to be published in the future, a number of sections of the guidance are currently suspended until this is released. However, we will be publishing sections of the guide that will not be affected by the upcoming manual that can be used as interim guidance.

Commuted sums

These are financial contributions made by third parties to us towards the future maintenance of the road or infrastructure to be adopted or transferred. These sums are usually secured through legal agreements made with developers and landowners. The aim of this guidance is to offer a transparent and consistent approach to commuted sums where we are adopting new highway infrastructure.

The guidance sets out the approach for where commuted sums are applied including understanding whole life costs to ensure undue burdens are not placed on maintenance budgets and taxpayers. It also defines standard assets that would not need to be considered for commuted sums and a list of examples of non-standard highways assets that would need to be considered for future liability so that developers are aware of costs.

Read our  interim guidance on commuted sums (pdf / 922 KB).

Drainage

As part of our legal duty, we are responsible for the adoption of surface water drainage systems to ensure they effectively drain the highway. The aim of this guidance is to provide consistency for designing to current standards which developers must follow. Positive drainage systems should be provided for all roads to be offered for adoption as part of Section 38/Section 278 agreement and, where possible, discharging to a sustainable drainage systems where infiltration to the ground, large waterbody and/or controlled discharge into a system or watercourse can take place.

The new guidance moves away from design specifications to a modern approach to source control and performance specification and should be read in conjunction with our 2018 SuDs Design Guidance 2018 which you can find on our flood and water management page. 

Read our  interim guidance on drainage page (pdf / 2 MB).

Private street works

There are a large number of private streets in North Yorkshire. For information on how to make up these private streets and have them adopted, refer to the Private Street Works Code of The Highways Act 1980 page.

Dropped kerbs

A dropped kerb crossing - also known as a verge crossing, footway crossing, vehicular crossing, crossover or access - is required when you want to take a vehicle across the verge or footway to access your land. See the dropped kerbs page for more information.