Section 38 Agreement definition
Examples of Section 38 Agreement in a sentence
Before entering into a Section 38 Agreement with the highway authority, the developer must first obtain full planning permission for the development including the approval of any reserved matters relating to the highway.
Before entering into a Section 38 Agreement, the Developer must first obtain full planning permission for the development from the Local Planning Authority, including the approval of any reserved matters relating to the highway.
The Section 38 Agreement also provides for the collection of fees associated with the approval of the works, their inspection, commuted sums for their future maintenance and the provision of a security bond to cover the costs of the highway works should the developer default on their obligations.
LCRIG22: Section 38 Agreement (Adoption of New Highways) ▇▇▇.▇▇▇▇▇.▇▇▇.▇▇ The technical approval process involves the developer submitting drawings, calculations and other relevant information to the Council for design checking and approval.
It should be noted that where planning permission is subject to a condition requiring the submission and approval of details of works which will be subject to a Section 38 Agreement it is unlikely that the Highway Authority will be able to recommend that the condition can be discharged unless the technical approval process has been satisfactorily completed.
A Section 38 Agreement provides for the developer agreeing to complete the street(s) covered by the Agreement in accordance with the plans that have received Technical Approval and referenced within the Agreement, along with any other works as the Highway Authority may require to ensure that the street(s) comply with the Authority’s specification and adoption standards.
The Council agrees that upon practical completion of the A28 Works any land dedicated under a Section 38 Agreement shall subject to observance of all the terms of that Agreement be adopted using its powers under Section 38 of the Highways Act 1980 and shall thereafter be highway maintainable at the public expense.
In most situations a Section 38 Agreement will follow the grant of planning permission for development that requires the works in order to provide appropriate access and layout arrangements.
The proposed adoption drawings which initially will consist of a sample set for the Section 38 Agreement, should be prepared as follows and submitted for approval following planning consent and prior to the commencement of construction works on site.
Drawings normally required for a Section 38 Agreement with the Highway Authority are as follows: - Engineering Site Layout Plan to a scale not less than 1:500.