Application stages

How it works

There are different stages to achieve highway adoption using a section 38 agreement. Timescales for this can vary depending on each project.

To save time and money, you should arrange a section 38 agreement and provide all documents and drawings as early as possible.

1. Make an application

   Get an application form

   To get a section 38 application form you will need to email S38@leeds.gov.uk. You can also ask us for a copy of our guidance notes.      

   Please print, fill in and email a copy of it back to us.      

   Fees when you apply
   

   When you apply, we will invoice you £3,000 for the application fees. This is non-refundable and is deducted from the total section 38 fees on completion of the agreement.      

   We will not progress your application until you have paid our application fees and sent us a full set of documentation.      

   What you need to include in the application form

   You need to include the following documents in your application:      

   • copy of planning decision notice
   • copy of approved planning layout
   • copy of condition survey, including pre-start photographs of existing highway in the site vicinity and agreed site delivery routes
   • proof of the developer's intention to enter into a section 104 agreement
   • 1:2500 site location plan
   • geoenvironmental and geotechnical desk study report
   • coal mining risk assessment
   • intrusive ground investigation report
   • proof of ownership of land, including title and plan
   • proposed programme of highway works

   You will also need to send us copies of the following drawings both as hard copies and digitally (PDFs):      

   • section 38 layout plan, that is coloured, with drainage and added key and north point
   • cross sections and construction details drawing
   • longitudinal sections
   • setting out plan

   
   
2. Application is reviewed (consultation)

   Your drawings and documentation will be reviewed by our Highways engineers and other council departments will be consulted. This typically takes 20 working days.      

   We'll send you comments and discuss any changes with you until these are satisfactory.      

         
3. Send your final drawings (pre-agreement)

   We will write to you to explain what else needs to happen before the legal agreement can be drafted. This is also known as the pre-agreement stage.     

   This is where you will need to send us the final versions of any drawings too (read full drawing list in step 1).     

   We will calculate the bond required for your works and our fees and send you an invoice. Your designs will receive approval in principle at this stage.     

   Please be aware, full technical approval is only given when the legal agreement is signed.     

        

        
4. Sign a legal agreement and get technical approval

   Our legal department will draft the legal documents for your section 38 agreement. Copies will be sent to your solicitor and surety provider (if using one).      

   You will need to send us a digital copy (PDF) of the following approved drawings:      

   • section 38 layout plan, that is coloured, with drainage, key, north point and location plan
   • cross sections and construction detail drawings
   • longitudinal sections

   Construction can begin once the legal agreement has been signed by representatives of the council and the developer.      

         
5. Inspections at your site (provisional certificate)

   Our engineers will visit your site to inspect the works as construction goes on. If the works are satisfactory we will issue a certificate and release 75% of your bond in two parts. This includes:      

   Part 1 (substantial certificate)

   All of the following criteria must be met before we can issue the part 1 certificate:      

   • signed section 38 agreement in place
   • all approved earthworks and ground improvement works, including treatment of mine workings (where required) and remediation of ground contamination
   • application to Yorkshire Water for section 104 in place, details and plans to be provided
   • street lighting operational
   • all drainage installed
   • all kerb foundations and (where appropriate) kerbs including lowering at vehicle crossings, pedestrian crossings, sub-base and base-course surfacing to all pedestrian ways linking to the existing adopted highway network
   • carriageway sub-base, road base, vehicle crossings and any supporting structures to the same
   • temporary street name plates (plan provided)
   • highway adoptable structures that is AIP approved by Leeds City Council
   • stage 1 or 2 safety audit (if required by Leeds City Council)

   Once the works have passed our inspections we will release 50% of your bond. If the works fail our inspections we will discuss what improvements are needed with you.      

         

   Part 2 (provisional certificate in full)

   All of the following criteria must be met before we can issue the provisional certificate in full:      

   • signed section 38 agreement in place
   • the development must be complete
   • no loose material next to the adopted highway
   • stage 3 road safety audit (if required by Leeds City Council)
   • Yorkshire Water provisional certificate of adoption and accompanying plan
   • all signing must be in place including 20mph signs, road hump signs and street name plates
   • the development and surrounding area must have been inspected and passed by the section 38 Highways inspector. This includes, any delivery routes or adjacent highways subject to the pre-start photographic survey. If any remedial work is required, it must be completed by the developer to the satisfaction of the section 38 Highways inspector
   • street lighting installed, commissioned and adopted by Leeds City Council
   • easement for highway drainage (if required by Leeds City Council)
   • highway adoptable structures that has been inspected and passed by Leeds City Council highway structures team
   • adopted landscaping that has been passed by Leeds City Council landscaping team

   You then need to send us updated drawings once all the works detailed in your section 38 agreement are completed. The drawings must include the following and be coloured to our standards:      

   • highway drainage
   • road names
   • north point
   • eastings and northings
   • section 38 key
   • lengths
   • site boundary, coloured in a thick red line and include all section 38 or 278 works

   We will make a final inspection on site and once we're satisfied with your works, we will release a further 25% of your bond.      

         

         
6. Roads are maintained

   During this period you will remain responsible for keeping the road in good repair until it is officially adopted by the council.      

   The maintenance period typically lasts for 12 months from the date the provisional certificate was issued.      

         
7. Roads are adopted as public highways (final certificate)

   You need to send us a final set of updated drawings. These must include the following:      

   • all section 38 roads or footways adopted areas coloured pink
   • adopted highway drainage coloured blue
   • adopted verges or landscaped areas coloured green
   • adopted street lighting coloured red
   • Yorkshire Water information coloured light grey
   • the site boundary coloured in a thick red line and to include all section 38 or section 278 works
   • road names
   • north point
   • eastings and northings
   • section 38 key

   All of the following criteria must be met before we can issue the final certificate:      

   • section 38 part 2 provisional certificate in place
   • Yorkshire Water final certificate of adoption and accompanying plan
   • gully cleaning and proving, with evidence to show this has been completed
   • the development must have been inspected and passed by the section 38 Highways inspector. If any remedial work is required, it must be completed by the developer to their satisfaction
   • stage 4 Road safety audit (if required by Leeds City Council)

   Once we are satisfied the roads are ready for adoption, we will issue a final certificate and release the remaining 25% of your bond.      

         

   From this point, the roads and paths are officially adopted as public highways. They will be maintained by Leeds City Council from this point on.