A 'private street' is a road, which is not maintained at public expense. This means that the council, as a highway authority, is under no obligation to carry out repairs or cleansing to the street, even though it could be a public right of way to which highway and traffic law can be applied.

New roads that have been constructed in accordance with the Council's guidelines are normally adopted by way of an agreement between the developer and the Essex County Council under section 38 of the Act. Existing roads will not normally be adopted unless they are brought up to current standards by the owners of the road. It may for example be unpaved, without kerbs, footways, surface water sewers, gullies and lighting or any of these features, and its surface is probably in a bad condition.

Under the provisions of Sections 205 to 218 of the Highways Act 1980, the highway authority, that is the Essex County Council, may resolve to raise the standard of a private street by providing any or all of the missing features or by improving the standard of any existing features. This procedure enables the Essex County Council on completion of necessary remedial works to adopt the street as a highway maintainable at public expense.

Register of Roads Maintainable at Public Expense

This register is maintained by the Essex County Council and copies are available at the District Council offices. It lists all the roads in the District and classifies them as public or private. A small number of these private roads are owned by the Braintree District Council . For other private roads please contact the Essex County Council.

For details please contact ECC - 01245 247000

Or look on the ECC Road Web site