What is an S38 agreement?
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.
What’s a section 106 agreement?
Section 106 (S106) Agreements are legal agreements between Local Authorities and developers; these are linked to planning permissions and can also be known as planning obligations.
What happens if there is no Section 38 agreement?
In there is no Section 38 Agreement in place or there have been significant delays in adoption despite one, it is strongly recommended that the buyer, through their solicitor, retains some of the purchase price of the property to pay for possible road works in the future.
What is the difference between s38 and s278?
Section 278 agreements provide the legal mechanism required to carry out highway alterations on the existing network, whilst Section 38 agreements secure new road adoption by the highway authority.
Do I need a section 278 agreement?
An S278 is usually necessary where planning permission has been granted for a development that requires improvements, or changes, to the existing roads and pavements that form part of the publicly-maintained highway.
Is S278 a planning obligation?
Section 278 of the Highways Act 1980 allows a developer to carry out works to the public highway. This is generally necessary where planning permission has been granted for a development that requires improvements to, or changes to, public highways.
What is a 106 document?
A section 106 agreement is an agreement between a developer and a local planning authority about measures that the developer must take to reduce their impact on the community. A section 106 agreement may be modified or discharged, for help negotiating this process a planning expert’s help should be sought.
Does a section 278 agreement run with the land?
Unlike section 106 agreements, section 278 agreements do not bind successors in title (or ‘run with the land’). Although made subject to a statutory provision, the agreement is contractual in nature and normal contractual principles apply.
What does S106 stand for in construction section agreement?
This agreements, commonly referred to as a S106, permits a developer/owner to make a new connection to an existing adopted sewer.
What does S104 stand for in Water Industry Act 1991?
A S104 (Section 104 of the Water Industry Act (1991)) agreement is a legal agreement between a developer and a water company, where the developer agrees to build sewers to an agreed standard, which the water company will then adopt.
When to use S102 or S104 sewer adoption?
On a new development, the S102 process is usually followed if the new sewers are installed and become operational before the S104 agreement is signed and the S104 process is no longer applicable.
What are the costs of a section 104 adoption agreement?
Typically, costs for a Section 104 sewer adoption application include an amount to cover technical and vetting services, legal fees, and a security deposit. Currently, these are as follows for the sewerage authorities we deal with in Essex, Suffolk, Hertfordshire, Kent, Cambridgeshire and London: So what information is required for an application?