What is a Section 38 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 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 a S278 agreement?
A section 278 agreement (or s278) is a section of the Highways Act 1980 that allows developers to enter into a legal agreement with the council (in our capacity as the Highway Authority) to make permanent alterations or improvements to a public highway, as part of a planning approval.
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.
How long does a Section 38 last?
Section 38 lasts for a period specified by the court which cannot be more than 12 weeks, and can be renewed by the court for further periods of 28 days at a time, and cannot remain in force for more than 12 months.
What is a section 104 agreement?
A Section 104 agreement (under the Water Industry Act 1991) is an agreement between a developer and sewerage undertaker for the adoption of sewers serving a development. There are strict regulations in place for obtaining an agreement which can be a minefield for developers.
What is an unadopted lane?
A. Unadopted or private roads are basically roads which, while they may be public rights of way, do not actually belong to the public road network. In other words, they are not owned by the local authority – normally the County Council.
What happens if a road is not adopted?
Unadopted roads will vary from highway to highway depending on how well maintained they are. The worst highways may have poor drainage, countless pot holes and no street lighting. This can leave the owners having to spend large amounts to collectively fund the rectifying of any such issues.
What is a section 184 agreement?
Section 184 of the Highways Act 1980 provides that a developer will need to enter an agreement for the construction of, or alterations to, any site access or accesses. The Local Highway Authority reviews and approves the agreements, and appropriate fees will be payable to them.
How long does a s278 take?
Work usually starts within four to six weeks of the agreement being signed.
Is threatening someone a crime Scotland?
Threatening or abusive behaviour from someone is unacceptable and may include harassment. Someone can be charged with an offence after only one incident of that behaviour. The person may be prosecuted under the Criminal Justice and Licensing (Scotland) Act 2010.
What is a Section 39?
Section 39 common assault or battery (use of physical force) is the lowest form of violence to the person. However, it still carries the possibility of a prison sentence. This offence is often charged where there is no serious injury but there are bruises, grazes or lesser injuries.
When do you need a section 38 agreement?
Section 38 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 along with associated infrastructure such as
What does adoption mean in a section 38 agreement?
Adoption means the highway authority agrees to undertake maintenance of the road from an agreed date at the public expense. The agreement between the highway authority and the developer is called a Section 38 Agreement.
Which is better section 37 or Section 38?
NB: Section 37 of the Highways Act 1980 enables developers to offer completed roads to the highway authority for adoption. This is generally considered a less desirable route than a Section 38 Agreement . Adopted highway .
What does section 38 of the Highways Act 1980 mean?
Section 38 of the Highways Act 1980 provides that when planning consent has been granted for a new development, developers may ask the highway authority to ‘adopt’ new roads that have been constructed as part of the development, along with associated infrastructure such as drains, lighting and supporting structures.