Road type change after exchange

PasturesNew

What happens is they build it - then hope the Council will adopt it.
Nothing has really changed for you except that it's now less likely that the Council will adopt it, but you still never know your chances.

Maybe the wording seen on the latest plan is simply a bunch of words plucked from the air to explain the space away, rather than anything different to what was on your set.

davidmcn

moneyistooshorttomention wrote: »

So - at what point in the adoption of roads does the developer have to hand that "pot of money" over to the local Council?

Not sure what the procedure is elsewhere, but in Scotland the developer needs to lodge a bond before they get permission to build the road, and if the developer e.g. goes bust, those funds are then available to the council to complete the road to adoption standard (as well obviously as providing reassurance to buyers that they won't be left with the bill for a half-finished road).

EachPenny

davidmcn wrote: »

Not sure what the procedure is elsewhere, but in Scotland the developer needs to lodge a bond before they get permission to build the road, and if the developer e.g. goes bust, those funds are then available to the council to complete the road to adoption standard (as well obviously as providing reassurance to buyers that they won't be left with the bill for a half-finished road).

The Highways Act 1980 Section 38 is the legislation used in England and Wales.
https://www.legislation.gov.uk/ukpga/1980/66/section/38

Subsection 1 confers the power on the Highway Authority to adopt, subsection 3(b) is the one which usually applies in the case of new build.

Subsection 6 deals with what a Section 38 agreement may provide for, and finishes with the phrase "...and other relevant matters as the authority making the agreement think fit." Which covers just about anything you can reasonably think of.

What may happen is the provision of highways and their future adoption gets swept up into an overall agreement with the developer under Section 106 of the Town and Country Planning Act 1990.

Whatever happens, a sensible Highway Authority will extract a large sum of money from the developer up front in case things on the development don't turn out as planned. Usually (but in E&W I don't think they have to) the Highway Authority will require payment or a bond before the commencement of the development.