What Is A S38 Agreement

The assumption is that the highway authority agrees to maintain the road at a public expense from an agreed date. The agreement between the motorway authority and the promoter is called the agreement section 38. For agreements in Nottingham City, please contact Nottingham City Council. 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 section 38 agreement is legally binding. It states that a Section 38 (or S38) agreement is a section of Highway 1980 that can be used when a developer proposes the construction of a new road for residential, industrial or mixed-use transportation, which can be proposed to the road authority for adoption as a public highway. The procedure required to reach an agreement can take time and time, and it is therefore desirable to get in touch as soon as possible with the authority of the motorways. Once a new road has been built to our standards under Section 38, it is generally publicly maintained.

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. 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. Once an agreement has been reached in accordance with Section 38, the developer must work under a number of conditions, conditions and deadlines. It is supported by a loan or cash deposit, calculated by the motorway authority, on the basis of the proposed work. This loan or cash deposit can be used if the developer goes into liquidation or if he otherwise complies with his obligations. 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. After adoption, the road authority undertakes to ensure the maintenance and maintenance of the road in accordance with the agreement provided for in point 38. This date will be decided by the agreement. 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.

For assistance to Section 38 of the agreements or the APC, E-Mail-roadagreements@hants.gov.uk There will be a tax related to the agreement, the costs for; Project review, preparation of the agreement, inspection of work and routine maintenance of non-essential objects for motorway purposes (converted amounts). There may also be an obligation for the proponent to cover the motorway authority against the possibility that the proponent may not be able to properly complete the work, for example.B. if they become insolvent. As a general rule, we will only process a Section 38 request for agreement when the plan has been established for “full or reserved issues.” A section 38 will often be obtained with a section 278 copies of Section 38 of the agreements must be obtained from the district authority or municipal tax department.