What Is a Section 38 Agreement?
A Section 38 Agreement, also known as an Agreement Under Section 38 of the Highways Act 1980, is a legal agreement between a developer and the local highway authority. It is used to ensure that any new roads, footpaths or other highways infrastructure that is provided as part of a development is built to the required standard and handed over to the local authority for adoption.
The purpose of a Section 38 Agreement is to protect the interests of the public by ensuring that any new highways infrastructure is constructed to a suitable standard, and is subsequently maintained by the local authority. This avoids situations where newly built roads or footpaths are left unadopted, potentially causing issues for residents and businesses in the area.
Such agreements are typically required for a range of different types of development, including new build housing estates, commercial developments, and large infrastructure projects like wind farms or solar parks.
The agreement itself will specify the precise details of what highways infrastructure will be constructed as part of the development, and what standard it will be built to. This includes things like road width, pavement width, lighting, drainage and signage.
Once construction is complete, the developer will submit an application to the local highways authority for adoption of the new infrastructure. The process of adoption typically involves an inspection of the new roads or footpaths, to ensure that they have been constructed to the required standard. Once this has been confirmed, the new infrastructure will be officially adopted by the local authority and become part of the public highway network.
In some cases, the local authority may require the developer to provide a bond or guarantee, to cover the cost of any defects or issues that might arise with the new infrastructure after adoption. This ensures that the local authority is not left with a financial burden if any problems do occur.
In summary, Section 38 Agreements are an important part of the planning process for any development that involves the creation of new highways infrastructure. By ensuring that new roads, footpaths and other infrastructure are built to the required standard and subsequently adopted by the local authority, these agreements help to protect the interests of the public and ensure that new developments are sustainable in the long term.
