Adoption of Highways
Wakefield District Design Code Consultation
Have your say on the draft Design Code which provides guidance on improving the quality of the design of development across the district.
Under Section 38 of the Highways Act 1980, developers can ask us to adopt new roads built as part of a development, so they become part of the publicly maintained highway.
To complete this process, a Section 38 Agreement must be entered into between the developer or landowner and the Council.
Any new road or footway built as part of a new development needs a Section 38 Agreement between the Council and the developer.
From September 2022, Wakefield Council has a new process for Section 38 Agreements - to improve efficiencies and provide the best service for developers and residents.
Please note: planning Permission should be in place before applying for a Section 38 Agreement.
Design Requirements
We will only consider adopting new roads and paths that are designed and constructed to our standards.
All designs should be in line with the Street Design Guide. Copies in PDF format of the required Standard Details can be obtained by emailing section38@wakefield.gov.uk.
Costs
Details of the fees for a Section 38 Agreement are in the application pack.
There is an initial non-refundable application fee of £2,500 which must be paid when submitting any application for review.
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