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- 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.
www.planninggeek.co.uk/planning/agreements/section-38-agreement/
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What is a section 38 agreement?
What is a S38 agreement?
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May 13, 2021 · Section 38 of the Highways Act 1980 is used when a developer wants to construct a new estate road for industrial, residential or general traffic that may be offered to the highways authority for adoption as public highway.
An agreement under section 38 of the Highways Act 1980 is a contract made between a developer and a local authority whereby the local authority agrees to adopt a new road constructed by the developer at some point in the future and take over responsibility for maintaining it.
When a developer plans to build a new estate road intended for residential, industrial, or general purpose traffic, Section 38 Agreements (S38) are permissible under the Highways Act 1980. Such roads may be proposed to the Highway Authority for ratification as public highways.
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 ...
Apr 27, 2015 · The first phase of the development included estate roads constructed by Redrow. Redrow entered into negotiations with Knowsley Metropolitan Borough Council (Knowsley) with regard to a section 38 agreement to secure the adoption of such estate roads as highways maintainable at the public expense.
s38 agreements relate to the maintenance of new highways by the highway authority and planning permission must be granted before they can be entered. The agreement will include details of the planning permission, technical drawings, programme of works and inspection.
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.
