1.3 The Road Construction Consent process

1.3.1 Procedures

These pages are intended for guidance and assistance only and should not be regarded in any way as an authoritative statement of the law. The relevant statutory provisions relating to the consent for the construction of a new road or the extension of an existing road and the Roads Authority’s powers in connection with this are set out in Sections 21, 22 and 23 of the Roads (Scotland) Act 1984.

Developers are advised to consult us on any road proposals prior to making a formal application for a Road Construction Consent (RCC). 

We will waive the need for Road Construction Consent where a Developer can prove satisfactorily that there is no public right of passage along the access way and there is none intended. The developer will nevertheless require agreement from the Roads Authority for any access from a development onto a road.

This page describes the process and timescales involved with obtaining a Road Construction Consent. 

Find out how to apply and pay for Road Construction Consent

On completion of the roads, the developer should apply for the road to be added to the list of public roads.

1.3.2 Notifications

The developer is required to notify any person who owns land which fronts, abuts or is comprehended in the new roads, or which lies within 50m of the road for which Road Construction Consent is being sought. Your RCC cannot be processed until you have confirmed that this has been done. You can use Form CC3 to issue the notifications.

Any person who has been notified in this way has 28 days to make written representation to us. We will consider any representations before Road Construction Consent is granted.

Other bodies which may require notification include statutory undertakers, cable companies, Transport Scotland, Scottish Environmental Protection Agency, and Fire and Rescue Services.

1.3.3 Examination of the application

On receipt of the documents, we will compile a list of comments detailing additional information / amendments required. Until this additional information is supplied the application cannot be processed further.

1.3.4 Draft Road Construction Consent

On receipt of satisfactory documentation, a draft Road Construction Consent will be prepared for approval along with the confirmed value of the Road Bond.

If the applicant does not accept the draft, minor amendments may be mutually agreed. If agreement cannot be reached it may be necessary to have the matter resolved by the appropriate Committee.

1.3.5 Issue of final consent

Once the developer has accepted the draft Road Construction Consent, and Planning Permission has been granted, the final Consent will be issued electronically, and roadworks can commence.

No new road construction can start until the appropriate Road Construction Consent has been granted.

No building works should commence until the Road Bond has been lodged.

Should the application for Road Construction Consent be considered for (i) refusal, or (ii) granting subject to special conditions, the application will be put before an appropriate Council Committee for such a decision.

If an application for Road Construction Consent is (i) refused or (ii) granted subject to special conditions, the applicant may within 28 days of the date of intimation, appeal to the Scottish Government.

The granting of Road Construction Consent does not imply that East Lothian Council accepts any responsibility for the accuracy or suitability of the design.

1.3.6 Construction period

It will be a standard condition of any Road Construction Consent that the construction be completed within the period specified, which will be not less than 3 years. If, as a result of a change in circumstances during construction, it is demonstrated that the specified period is no longer realistic we may, on application, grant an extension. In the absence of such an extension, a new application for Road Construction Consent must be made. No roadworks can continue if the Road Construction Consent has expired and has not been extended.

If no substantive construction has commenced on site by the end of the three-year period then the Developer must apply for a new Road Construction Consent.

1.3.7 Amendments to consent

Should the developer wish to depart from the construction or layout details for which Road Construction Consent has been granted, they must first seek our approval. Where the proposed changes are a major departure from the original or would have an effect on neighbouring property or affect the value of any Security then a new Road Construction Consent will be required. Where the proposed changes are of a minor nature and would have no effect of the value of any Security a nominated officer of the Roads Authority may approve the changes.

1.3.8 Road Construction Consent flowchart

To summarise the above, the following flowchart sets out the typical Road Construction Consent timeline:

Flowcahrt showing the RCC process described above

The RCC process flowchart

Note: These webpages are for reference by developers of housing and employment sites in East Lothian.
They provide guidance on transport infrastructure against which Planning Applications will be assessed
and evaluated, and set out East Lothian Council's procedures regarding the construction and adoption
of new roads in accordance with current legislation.
These pages supersede all previous versions of our Standards for Development Roads document. 

01/07/2023 Document release