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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.
May 13, 2021 · A section 38 agreement may contain provisions relating to any or all of the following: Details of the planning permission. Drawings showing the extent of the land to be adopted. Provision for land dedication. Technical drawings of the works to be carried out.
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.
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.
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 ...
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.
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Aug 20, 2023 · Section 38 Agreements are a legal agreement between a developer and the Local Highway Authority (LHA) which allows the developer to construct new highway which is to be maintained at the public expense as part of a valid planning permission.
