Section 38 Agreement Highways

Section 38 agreement s38 highways act 1980 the s38 agreement applies to the adoption of highways and the reason you find it here is because it includes some drainage systems too.

Section 38 agreement highways. Under section 38 of the act the highway authority may enter into an agreement with a developer of land on either side or both sides of a private street. A section 38 agreement is a legal agreement entered into by the developer and the council to ensure that work carried out on the highway by the developer reaches an adoptable standard within a specified time at the public expense. For further information about section 38 agreements see practice note.

The procedure is under section 38 of the highways act 1980 with the final outcome known as a section 38 agreement. Under a s38 agreement the only drainage that can be adopted under the highways act is the drainage that is responsible for draining the highway. A section 38 agreement or s38 is a section of the highways act 1980 that can be used when a developer proposes to construct a new estate road for residential industrial or general purpose.

A section 38 agreement or s38 is a section of the highways act 1980 that can be used when a developer proposes to construct a new estate road for residential industrial or general purpose. Section 38 agreements provide a mechanism for landowners to dedicate and for the local highway authority to agree to adopt a road to be maintained at the public expense provided that the road is built to the required specification. Section 38 agreement adoption of highways section 38 of the highways act 1980 provides that when planning consent has been granted for a new development developers may ask the highway authority to adopt new roads that have been constructed as part of the development along with associated infrastructure such as drains lighting and supporting structures.

There are changes that may be brought into force at a future date. A section 38 agreement or s38 is a section of the highways act 1980 that can be used when a developer proposes to construct a new estate road for residential industrial or general purpose traffic that may be offered to the highway authority for adoption as a public highway along with associated infrastructure such as drains lighting and supporting structures. The authority can agree to adopt the street as a highway maintainable at public expense when all the street works have been carried out to their satisfaction and the developer agrees to carry them out within a stated time.