What Is A Section 38 Agreement

When a developer builds a new road in Nottinghamshire, they make an agreement with us. This is part of Section 38 of Highway 1980. The submission checklist explains what a developer/advisor must submit for Hampshire County Council to conduct an S38 design review of the developer`s proposals. The portal guides the applicant through the submission and explains what information is needed. The checklist provides more information about the exact information and documents. A Section 38 agreement is an agreement between the Council and the developer (Highways Act 1980, Section 38), which describes work on new roads that, once adopted, will be part of an adjacent highway system. Section 38 is often concluded at the same time as Section 278 for agreements at Nottingham City Contact Nottingham City Council. If a section 38 is to be built in construction and the road is to be built to acceptable standards, this may differ from roads that must remain under the control or ownership of the developer. Therefore, non-acceptance of roads requires less stringent specifications. Many new country roads are not built to presumptuous standards.

Each municipality is different from what it will leave and what it will not tolerate. A developer may complete the construction of a road and then propose to the Highway Authority in accordance with Section 37 of the Highways Act 1980, but the S38 is more desirable because the Commission does not have the authority to insist that a road meet an authorized standard or that it is then proposed for adoption. However, if an S38 agreement is reached before construction begins, the City Council can ensure that it is built, lit and drained to the appropriate standards. When a proposed construction is proposed to build a new road for residential, industrial or multi-functional transportation, the normal legal possibility of making the road a public road is by an agreement under Section 38 of Highway 1980. When we receive an application, we will verify that we identify the legal agreements relating to the property and inform you of the cost of making those copies available. A Section 38 agreement should be concluded and submitted by the proponent of the work. The section 38 agreement is legally binding. It states that the motorway authority (Council) does not have the power to insist that a promoter enter into an S38 agreement. However, many developers consider this also the best option, as the adoption process can be long, and if it takes place at the end of a route, the developer is responsible for all maintenance work until the adoption takes place. Copy contracts can take up to 7 business days to be made available to you from the time payment is received.

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