Last edited 08 Nov 2017

Section 184 agreement - vehicle crossings over footways and verges

Section 184 of the Highways Act 1980 provides that a developer will need to enter an agreement for the construction of, or alterations to, any site access or accesses. It relates specifically to accesses where the work being done is all that is required to enable the development, or if the work needs to be done before the main works can proceed under a Section 38 agreement (adoption of highways) or a section 278 Agreement (allowing a developer to carry out works to a public highway).

The Local Highway Authority reviews and approves the agreements, and appropriate fees will be payable to them. A commuted sum may also be required for the Highway Authority to be able to maintain the works once they have been completed, usually for a fixed period between 10 and 25 years.

An agreement is necessary when a developer plans to construct or alter any site access or accesses to a public highway that is of a higher specification than something simple such as a dropped footway or verge crossing.

The scope of a Section 184 Agreement can be extended, in some instances, to cover additional minor works, such as relaying a short length of kerbing on either side of a new access, provision of street lighting for an access, or the re-positioning of a gully.

Section 38 agreement - adoption of highways, clauses can be incorporated into a Section 184 agreement where it is desirable that the highway contain both the land that is being dedicated as public highway by the developer as well as the access works, such as providing visibility splays.

As Section 184 does not provide for the formal entering into of agreements between a developer and Highway Authority, an Agreement should have regard to the following subsections:

  • Subsection 3: The owner or occupier of land can be served notice by the Authority for the execution of the works.
  • Subsection 7: The Authority can recover from the owner/occupier all expenses that are reasonably incurred from the works.
  • Subsection 9: Any person named in a notice may offer to execute the works themselves in accordance with approved plans.
  • Subsection 10: If subsection 9 is followed but the developer fails to comply with their offer, then the Authority can execute the works and recover expenses.

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