SECTION 184 - ADVICE FOR DEVELOPERS

Section 184 of the Highways Act 1980 deals with the formation of vehicle crossings over footways and verges. There will be no change in the existing procedure for domestic or minor accesses which are dealt with by the relevant area office. However, alterations to existing, and formation of new, vehicular crossings that cannot be covered by Leicestershire County Council standard drawings SD/11/10 and SD/11/11 will now be categorised as ‘major’ or ‘non-domestic’ S184 applications and will be dealt with by Highways Development Control at County Hall.

The reason for this is to provide a consistent approach throughout the County and to ensure fees are imposed which cover the time spent on the applications. We will ensure accesses are constructed fit for purpose and meet the requirements of any relevant planning conditions. ‘Major/non-domestic’ S184 applications will typically consist of:

New access on industrial developments.
Accesses that require radius kerbs.
Accesses that require tactile crossing points.
Accesses to multiple properties or units.

What needs to be done before any works commence?

The cost of the works should be secured in the form of a bond, or a cash deposit.
Our inspection fee of £1000 should be paid.
Detailed engineering plans are submitted to and technically approved by a highways officer.
Following technical approval a S184 permit is issued.
Statutory undertakers should be contacted to locate any issues with existing services (Form VA5).
You must indemnify us (protect us from legal responsibility) against any claims by third parties arising from the highway works. Before we will approve your contractor they must provide us with written evidence that they have, as a minimum, £5 million public liability insurance with no limit on the number of claims.
A pre-start meeting should be arranged with the relevant area inspector (details will be provided with notification of technical approval). At least five working days notice should be given before any works commence.

You will need to contact the Highway Authority Area Manager in order to get the works inspected. Contact details are as follows:

Area office Areas covered Phone

Coalville North West Leicestershire District 01530 513 333

Nailstone Hinckley and Bosworth Borough 01530 262 380

Croft Blaby District & Oadby & Wigston Borough 01455 283 341

Harborough Harborough District 01858 821 060

Melton Melton Borough 01664 565 731

Mountsorrel Charnwood Borough 01509 622 111

Who are the relevant contacts within Highways Development Control?

HDC Officer(s) e-Mail Phone Number

Kingsley Cook KCook@leics.gov.uk 0116 305 6782

John Thompson JMThompson@leics.gov.uk 0116 305 6785

The above individuals are the relevant highway officers who will issue technical approval of your proposals.

How can I get the S184 deposit/bond returned quickly?

The process of reaching technical approval of the plans should be completed well before any works commence. The works should be constructed to our standard and inspected by the relevant member of the area office. When the Inspector, on behalf of the Highway Authority, is satisfied that the access has been constructed fit for purpose a provisional certificate of completion will be issued and the deposit/bond will be reduced to £1000 or 10% (whichever is greater). The remainder will be returned after a 1 year maintenance period.

Can I have my bond reduced if I carry out partial construction of the works?

No. A provisional certificate that will enable reduction of the bond will only be issued if all the works are completed to the satisfaction of the relevant inspector.

What is a satisfactory construction standard?

For the design requirements please see Part 4 Materials and Construction.

For construction standards that apply within the highway boundary, please see Part 4 table MC4 and Part 4, table MC5.

We will also ask for the private access drive and any turning space to be surfaced with tarmacadam, concrete or similar hard bound material (not loose aggregate) for a distance and depth, dependant on the use, behind the highway boundary. This is to reduce the possibility of deleterious material being deposited in the highway (loose stones etc.) This will normally be dealt with in planning conditions.

How do I get Technical Approval for my access?

You will be required to submit plans showing the following items:

Details of access onto the highway including gradients (generally 1:10 max.)
Details of surface water such that it does not run onto the public highway.
Clearly defined delineation details showing extent of public highway.
Prominently located signs/street nameplates with the words “Unadopted Private Drive”
Standard construction details to Leicestershire County Councils specifications.
Any additional site specific details & requirements of the planning permission.

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