Adopted and Unadopted Roads and Streets in Milton Keynes
Highways Maintainable at Public Expense
Highways maintainable at public expense are Roads and Streets that have been adopted by Milton Keynes Council as Highway Authority.
They are Roads and Streets that have been constructed to an acceptable standard, are drained and lit and maintained by the Council as part of the highway network.
Unadopted Roads and Streets
In general Unadopted Roads and Streets are, by definition, Roads and Streets that are not maintained at public expense.
Responsibility for the maintenance of such Roads and Streets generally lies with the frontagers (owners of the adjacent properties that frontage the Road or Street) although this may be carried out by a private maintenance or management company on their behalf and at their expense.
Newly Constructed Roads and Streets
Where Roads and Streets are constructed by Milton Keynes Council as Highway Authority they will become highways maintainable at public expense.
When new residential developments are to serve 5 dwellings or more, the Council will encourage adoption to safeguard access to the highway network for residents. However, the developer must offer newly constructed Roads and Streets for adoption as the Council have no authority to impose adoption on private land owners.
For newly constructed Roads and Streets,adoption is generally achieved by legal agreement using Section 38 of the Highways Act 1980
When improvement to the existing highway network is required to facilitate developments, a legal agreement using Section 278 of the Highways Act will also be required.
Section 38 Agreements
To ensure that highway works are completed to an acceptable standard the proposals must be technically approved prior to construction and the works inspected as construction proceeds. A Bond also needs to be provided to ensure that the Council can complete the works if the developer is unable to do so.
The information necessary for a Section 38 agreement is contained in the Section 38 Information sheet (PDF, 308KB).
Section 278 Agreements
When work is required within the existing highway the developer must enter into a Section 278 agreement with the Council. Section 278 agreements have similar technical requirements to Section 38.
The information necessary for a Section 278 agreement is contained in the Section 278 Information sheet (PDF, 312KB).
Existing Private Roads and Streets
The Highways Act 1980 provides legal mechanisms to change the status of existing private Roads and Streets. The Highway Adoptions Team are available to answer any queries relating to Roads and Streets in Milton Keynes. Please contact highways general enquiries on 01908 252353
Further information Links
Last Updated: 11 November 2019