How does a Section 38 agreement work?
By Rachel Newton
How does a Section 38 agreement work?
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 is a Section 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 highway adoption?
An adopted highway is a highway that was privately-owned road, but has becomes a public road, managed and maintained by the highway authority (typically the local authority). It being open to the public at all times, and so on. It being constructed to a suitable standard.
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.
Who can enter into a section 278 agreement?
highways authority
Under section 278 of the Highways Act 1980, a local highways authority can enter into a legal agreement with a developer (in order to facilitate development) for the developer to either pay for, or make alterations or improvements to, the highway.
What is a section 220 agreement?
The section 220 notice will specify the amount to be deposited or secured in respect of street works charges for those dwellings for which approval has been granted.
Can unregistered land be adopted?
An area of unregistered land between the adopted highway boundary and the site boundary could mean that there is no lawful access from the site to the highway unless a right of access across that unregistered land can be established. This section empowers a highway authority to adopt street works on a private street.
