Section 184 Agreement – New and Altered Accesses and Dropped Vehicle Crossings

A Section 184 Agreement allows for the provision of a vehicle crossing across a footway or between private land and the highway. Outlined within Section 184 of the Highways Act 1980, it is an offence to cross a footway or verge without a properly constructed vehicle crossing. 

Application for a Section 184 Agreement or Dropped Access

The Local Highway Authority (LHA) are responsible for deciding whether a vehicle crossing is appropriate, and there is no right for a home or land owner to have vehicular access between their land and the highway. A Section 184 Agreement can cover a variety of accesses, including:

• New dropped kerbs from a private home
• New Industrial or agricultural accesses
• Temporary works access

There are a number of considerations which need to be accounted for prior to applying for a Section 184 agreement. Numerous design parameters should be adhered to, including suitable visibility splays, gradients and providing a suitable distance from any access from nearby junctions. These parameters often comply with wider national guidance. 

In terms of a dropped kerb to a single private access, there are two main parameters which must be followed. Firstly, the land behind the footway or verge must be sufficiently large to accommodate a parked vehicle with no encroachment into the adopted highway. This usually means a minimum space of 4.8m x 2.4m must be provided. Secondly, surface water that falls on private land must not flow onto the adopted highway. 

Further considerations which apply to a wider application of vehicle crossings are that the material from which the area behind the footway or verge is constructed must not be tracked onto the highway by vehicles, including gravel and mud. Additionally, it is often conditioned within any approval to provide a vehicle crossing that the back of the highway boundary is marked, usually with an edging kerb style treatment.

Section 184 Agreement Application Process

In order to provide a vehicle crossing, a developer must apply to the LHA with a plan showing the area of verge or footway to be crossed and a completed application form for the relevant LHA. Following receipt of the application fee, which varies depending on the LHA from nominal to up to £2,000 for industrial vehicle crossings, the LHA will provide a decision notice on whether to approve the crossing. 

If approved, the developer will have a period of time, usually 3 months within which to construct the vehicle crossing. All work must be undertaken by approved contractors, with current streetworks cards and up to £10 million of public liability insurance. Inspections by LHA officers may also be required. 

A dropped crossing between a road and private dwelling, with linear drainage provided to prevent surface water flowing from private land into adopted highway

A vehicle crossing may cross a threshold which may mean that the highway works become a Minor Works Agreement (see Section 278 Agreements – Permanent Alterations to the Highway). Typical triggers for a Section 184 Agreement becoming a MWA include vehicle crossing being over 10m in length, or serving more than 3 properties. It should be remembered that even as part of a larger development, vehicle crossings can serve up to 5 dwellings and any frontage development accessed by a vehicle crossing would still require a Section 184 agreement licence. 

If you would like any assistance producing plans for a vehicle crossing, management of the process or liaison with a LHA, book a free consultation or call us today. 

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