Section 38 Agreement Plans

Section 38 Agreement Plans – Everything you need to know

If you are a developer, contractor or landowner planning to build a new road, you must be familiar with Section 38 Agreement Plans. The Section 38 agreement is a legal agreement between the relevant highway authority and the developer, which offers guidance on ensuring that the road is satisfactorily constructed to the council`s standards before being adopted as a public highway.

So, what is a Section 38 Agreement Plan?

In simple terms, a Section 38 Agreement Plan is a detailed plan that outlines how the developer plans to construct the road to ensure it meets the council`s specifications. The plan must detail the road`s width, length, and gradient, including the road surface, drainage, and street lighting. The plan must also include provisions for the maintenance of the road and its associated infrastructure, such as signs, bollards, and traffic signals.

What is the process of obtaining a Section 38 Agreement Plan?

To obtain a Section 38 Agreement Plan, the developer must submit a detailed proposal to the relevant council. The council will then carry out an assessment of the proposal and provide a report outlining any concerns or adjustments that need to be made. Once the council is satisfied with the proposal and all of its requirements have been met, the developer must enter into a legal agreement with the council, outlining the terms of construction, maintenance, and adoption of the new road as a public highway.

What are the benefits of having a Section 38 Agreement Plan?

There are many benefits to having a Section 38 Agreement Plan in place. Firstly, it ensures that the new road is built to the council`s standards, improving the safety and accessibility of the area. It also makes sure that the road is well-maintained, reducing the risk of accidents or damage to vehicles. Additionally, it ensures that the developer is held responsible for constructing and maintaining the road, reducing the financial burden on local authorities and taxpayers.

In conclusion, a Section 38 Agreement Plan is an essential legal document that outlines how developers plan to construct a new road to meet the council`s standards. It ensures that the new road is safe, accessible, and well-maintained, benefiting both the public and the developers. Ultimately, having a Section 38 Agreement Plan in place provides peace of mind and can help avoid costly legal disputes in the future.

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