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Can a developer enter into a section 38 agreement?
Should a developer enter into an S38 agreement?
What is a S38 agreement?
What is a section 38 agreement?
Can a developer install street lighting on a section 38 agreement site?
What is a section 38 agreement (S38) with NCC?
The Highway Authority has no power to insist that a developer enter into an S38 agreement. However, many developers also see it as the better option, as the adoption process can be lengthy, and if it takes place after a road is completed, the developer will be responsible for all maintenance until adoption takes place.
- (e) Section 58 Notice (New Roads & Street Works Act 1991) [S58, NRASWA]
- 3.1 Bond of Surety
- Legal Costs
- 3.3 – Commuted Sums
- 4.2 Formal Consultation
- Stage 1 – Technical Consultation
- Stage 2 – Statutory Consultation
- Stage 3 – Unresolved Objections to Consultation
- Geotechnical Report
- Section 6 – Contractor Approval
- 10.1 - Inspection
- If the installation has been carried out by SSE, when the Part 2 Certificate is issued
- 11.1 Application
- 10.2 Audit Stages
- Stage 4
This notice is required to ensure that: recently resurfaced or reconstructed streets will not be affected by subsequent activities and works undertaken by others; and, activities in the same street or immediate area which may conflict are not carried out at or within a short period time of each other. The notice should be submitted by NCC on behalf...
The Developer is required to deposit a Bond of Surety with NCC to cover the cost of the adoptable highway works, NCC associated fees and charges, and Commuted Sums. This Bond ensures that NCC does not incur any costs if the highway works are stalled, changed or aborted by the Developer. If the Developer fails to perform or observe any of the Agreem...
A fee is required by NCC’s Legal Services team to cover the legal costs for dealing with each agreement, plus disbursements. The fee is recovered on a time related basis and this cost will vary subject to the complexity of the agreement and any negotiations relating to it.
Commuted Sums are necessary when any development increases NCC’s future maintenance liability. Typical circumstances where this may occur are: Maintenance costs for any construction that is not required for the safe and satisfactory functioning of the Adopted Highway (including alterations to the existing highway which are only required to serve t...
Formal consultation with Members will happen once the planning application is submitted. Outcomes of the consultation will be discussed internally in NCC and with the Developer, and will inform the planning decision and subsequent planning conditions or legal agreements. TC will undertake the necessary consultation regarding the S38 highway works ...
Once planning permission is granted, and the developer seeks to implement their permission, TC will carry out a 4 week formal technical consultation, which may require the scheme to be re-appraised, with: Bus operators; Emergency services; Taxi operators; Haulage companies; Cyclists; and Any other interested parties. TC will undertake a further 4 w...
Where a development requires changes to an existing Traffic Regulation Order (TRO), creation of a new TRO, or provision of a temporary TRO to facilitate the works, the Developer shall pay all associated costs, including consultation. TROs are subject to statutory procedures and the formal consultation stage can be protracted. The outcome cannot be...
Where either consultation stage receives objections to the proposals which NCC are unable to resolve, then these objections are formally submitted to NCC’s Regulatory Appeals Sub-Committee (RASC) for further review and consideration. The RASC panel will make recommendations on how the objections must be dealt with. This may or may not uphold the de...
A Geotechnical Report (including CBR test results at formation) and details of any statutory undertakers’ service protection or diversion works.
All highway works must be carried out by a Contractor, including any sub-contractor, who has relevant experience and capabilities. Where NCC has no previous experience of a Contractor’s work, the Developer will be required to provide NCC with satisfactory references, and examples of similar work successfully completed to the satisfaction of another...
Routine maintenance of the street lights and illuminated traffic signs during the maintenance period and until a development is adopted, will be the responsibility of the Developer including the payment of energy charges. The inspection of an installation would fall into 2 categories.
by the Section 38 Officer, SSE will accrue the equipment on to the street lighting data base. No further inspections are required but the street lights and any illuminated traffic signs remain the responsibility of the Developer. If the installation has been carried out by a third party (not SSE), the installation will have to be inspected by SSE....
Road Safety Audit (RSA) process may be required, subject to the scope and scale of the proposed highway infrastructure being offered up for formal adoption. RSA will be required when any of the proposed highway infrastructure incorporates the provision of any of the following:- Principal Roads; Classified Roads; Local Distributor Roads; Collector S...
A RSA shall be undertaken after the completion of four specific stages of project development, which are:
The Developer must commission a Stage 4 RSA just before or just after the issue of the Final Completion Certificate depending upon what is most appropriate. The RSA should take account of actual road user behaviour and the following data will be analysed: Locations at which personal injury collisions occurred; Personal injury collisions that appear...
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Under section 38 of the Highways Act 1980, a local highway authority can enter into a legal agreement with a developer to adopt a highway provided the highway has been constructed to a specified standard and to the satisfaction of the local highway authority.
May 13, 2021 · Before entering into a section 38 agreement, the developer must have obtained planning permission, including approval of any reserved matters. The planning permission will generally include an indicative layout of the roads to be adopted.
Developers do not have to enter into section 38 agreements, but they generally do because otherwise they would need to make other arrangements for the ongoing maintenance of the road. How do section 38 agreements work?
Developer's who install street lighting before SIS themselves design the street lighting, or approve the developer's own street lighting design, do so at their own risk. New section 38 agreement...
When a developer plans to build a new estate road intended for residential, industrial, or general purpose traffic, Section 38 agreements (S38) are a section of the Highways act 1980 that can be used. Such roads may be proposed to the Highway Authority for adoption as public highways.
