Development Control - Developers Information

Road access and layout for a new residential development shall comply with requirements in the Department’s current design guide, “Creating Places: Achieving Quality in Residential Developments” and other relevant Planning policy and guidance documents. Road adoption by the Department is governed by The Private Streets (NI) Order 1980 (The Order) as amended.

Developers are responsible for undertaking a Transport Assessment for a proposed development or re-development. Each proposal will require completion of a Transport Assessment Form as part of the planning application to demonstrate how the development would function in transport terms and to identify any possible adverse impacts.

Roads Service may, through Planning Service, request a full detailed Transport assessment where the development is considered to be likely to have significant transport implications, irrespective of development size.

Developers and their agents will design a development layout in accordance with current design guidelines and will reach agreement with Roads Service on the extent of the development roads and footways that will be determined for adoption. An approved layout may include a traditional layout involving carriageway with separate footway(s), or a Shared Surface with service strip(s) arrangement.

Where applicable, Planning permission will include a "Private Streets Determination" under Article 3 of The Order, which clearly identifies the areas which shall, when properly constructed by the developer, be adopted and thereafter maintained by the Department.  Where a public road or verge does not offer sufficient space for the Department’s services requirements, the developer shall provide alternative service routes with secure wayleaves.

While not required for planning permission, separate approval for construction details, Street Lighting, Technical Approval of Structures and Geotechnical Approval should be sought from Roads Service prior to construction. Approval for adoptable sewers should be sought from Northern Ireland Water Limited (NIWL).

Prior to construction, a developer is required to enter into an Agreement with the Department‘s Roads Service, to provide the roads, footways, street lighting and sewers to the Department’s standards prescribed in The Private Streets (Construction) Regulations (NI) 1994.  This agreement is secured by a bond that may be used by Roads Service to complete the road works should the developer default. It is an offence to commence building works without making prior provision for street works expenses.

Any improvements to existing public roads that are required by the development shall be carried out under a separate Agreement with the Department.

The developer is also required to enter into a similar Agreement, under Article 161 of The Water and Sewerage Services (Northern Ireland) Order 2006 directly with Northern Ireland Water Limited for the development of sewers.

As the developer constructs his approved streets, Roads Service Inspectors will regularly inspect the works to ensure that the required standards are being met. The developer is required to pay to the Department, the specified costs of inspections, in advance of the works commencing. The developer should also co-ordinate appropriate statutory authorities and others who will place equipment within the adopted areas.

Bond reductions may be granted on application to Roads Service at key stages of construction. When the roads and sewers are completed satisfactorily, Roads Service will, on request, issue a Preliminary Certificate of Completion to the developer.

Following a subsequent one-year maintenance period, during which the developer continues to be responsible for the roads, the developer will correct any final defects that are identified and Roads Service will then formally complete the adoption.  At this point responsibility for maintenance operations transfers to Roads Service. The Health and Safety file for the site should be submitted to Roads Service at adoption.

Where a private street is not properly constructed within a reasonable time, the Department may initiate enforcement action under Article 11 of The Order, requiring the responsible person to complete the works within a specified time. Where such Notice is not complied with, the Department may execute the works and recover costs from the developer and / or surety as appropriate.

Abandonments / Extinguishments (undertaken by Department for Regional Development and Department for Social Development respectively) of public rights of way may be required to facilitate development. These procedures are separate from the Planning process and involve a separate public consultation process, which will inform the Departments’ decision to approve or reject an application to abandon / extinguish a public right of way.