Question to the Department for Transport:

To ask the Secretary of State for Transport, what duty exists between developers and highway authorities to ensure roads on new residential developments that are subject to a Section 38 agreement are gritted and made safe during the winter weather before formal adoption takes place.

There is no statutory duty set out in the Highways Act 1980 that requires developers or highway authorities to carry out winter maintenance, such as gritting, on roads subject to a Section 38 agreement prior to formal adoption.