An agreement with a developer under section 38 of the Roads Act, 1980 is required if a developer wishes the Council to take over and maintain (i.e., assume) roads and trails at the expense of the Crown. The purpose of this document is to assist developers in creating a section 38 agreement with Newcastle City Council that sets out what developers can expect from council and what council can expect from developers. For arrangements in Nottingham City, contact Nottingham City Council. Once a new road has been built to our standards under a section 38 agreement, it will normally be publicly maintained. When a developer builds a new road in Nottinghamshire, they make a deal with us. This is part of section 38 of the Highways Act of 1980. Before entering into a section 38 agreement, the developer must have obtained the building permit, including approval of all reserved matters. The building permit usually contains an indicative provision of the roads to be taken over. A section 38 agreement is a section of the Roads Act, 1980 that allows developers to enter into a legal agreement with the Local Road Authority to adopt and maintain new road infrastructure at public expense.
Copies of the article 38 agreements may be obtained from the district or district administration concerned for basic costs. An agreement under section 38 may contain provisions relating to some or all of the following: An agreement under section 38 must be completed and submitted by the sponsor of the work. The Agreement under Article 38 is legally binding. It states that copies of the above agreements are handled by LGSS Law (the legal service providers for Northamptonshire Highways). If we receive a request, we will review the legal agreements regarding the property and inform you of the cost of providing those copies. We charge a fee to reflect the administrative and copying costs incurred. To request a copy of an agreement, please call 01604 367988 or 01604 367036 or send an email [email protected] It may take up to 7 business days for copy agreements to be made available to you from receipt of payment. Normally, we will not process a section 38 request for an agreement until approval of the plan for “complete or reserved matters” has been granted.
Please note that due to the large plans associated with the legal agreement, it is generally not possible to provide copies of these documents electronically. The agreement also generally states that all fees associated with the agreement must be paid by the developer. This may include a fee for the preparation of the agreement, an inspection fee, ongoing maintenance, and any costs related to the review of designs. The agreement may also provide for a guarantee from the contracting authority to cover the road traffic authority against any possibility that the contracting authority will not carry out the works or carry out the works according to the standards required for acceptance or not maintain them during the agreed initial maintenance period (often 1 year). The road authority can then use the bond to correct a violation by the developer. Visit the Section 38 Agreement website for more information. We accept payments by cheque (payable to LGSS Law Limited) or BACS payments. On this page you will find information about what the Article 38 agreement is and guides to help you with the application form. The form contains the details and information necessary for us to process the request. Please note that worcestershire`s supervision of the works will not begin until: We can provide copies of a section 38 agreement (or related documents) covering the road where your property is located. We have drafted detailed guidelines on the Article 38 agreement that you might find useful: we have also created a diagram of the development management process that shows the phases from pre-application discussions with the local planning authority to the start of work on the site. This diagram can be useful for understanding the process from start to finish: until a road is adopted, its maintenance remains the responsibility of: RT @mycountycouncil: In Northamptonshire there is permanent mental health support.
The number of people in mental health provides support. If you wish to apply for the agreement under Article 38, please follow these steps: Submit the application form with the required documents to: [email protected] or at the following address: Section 38/278 Technician, Network Control, Worcestershire County Council, County Hall, Spetchley Road, Worcester, WR5 2NP The introduction of a public motorway is where the motorway authority accepts, carry out maintenance of a road from an agreed date to government fees. The road authority will require that these roads be built to a required standard, this standard depends on the local authority, as each local authority is different. This is only available if the road has not been approved by the Highways Authority. Section 38 of the Highways Act 1980 is used when a developer wishes to construct a new property road for industrial, residential or general traffic that may be proposed to the Highway Authority for acceptance as a highway. This can also include all related infrastructure such as drainage, lighting and structures. Section 38 Agreements – Developer`s Guide (pdf 158KB) | Appendices (pdf 383KB) For more information on Article 38 agreements, please email HighwayTechSub[email protected] or call 01905 844053. .