To Be Adopted, Roads Need To Be Useful

A district judge has ruled that two roads are of so little use to the public that the London Borough of Barnet need not adopt them.

Bellway Homes and Taylor Wimpey Homes had applied under s37 of the Highways Act 1980 to have the roads adopted. Section 37 allows the developer to construct roads and complete the development without the need for a formal road agreement with the Highway Authority. Provided the roads are considered to be of "sufficient utility to the public" and have been constructed to an acceptable specification, the Highway Authority will usually accept the notice of proposed dedication and following a 12-month maintenance period the roads will become maintainable at the public expense. The London Borough of Barnet argued that the two roads, with no through route, were not of "sufficient utility to...

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