Section 38 Agreement Road

The procedure required to reach an agreement can take time and time, and it is therefore desirable to get in touch as soon as possible with the authority of the motorways. Once a new road has been built to our standards under Section 38, it is generally publicly maintained. Public rights of way may be diverted or closed in favour of an alternative route and, for example, if public roads are unnecessary, they may be formally closed (arrested). Procedures are available under the Traffic Act and the Planning Act to make these changes, and the road engineer will play a role in the application process and establish the necessary documents. When we receive an application, we will verify that we identify the legal agreements relating to the property and inform you of the cost of making those copies available. Once an agreement has been reached in accordance with Section 38, the developer must work under a number of conditions, conditions and deadlines. It is supported by a loan or cash deposit, calculated by the motorway authority, on the basis of the proposed work. This loan or cash deposit can be used if the developer goes into liquidation or if he otherwise complies with his obligations. Section 38 of the Highways Act 1980 provides that once the building permit for a new building has been issued, developers may apply to the highway authority to adopt new roads built as part of the development, as well as related infrastructure such as sewers, lighting and support structures. NB: Section 37 of the Highways Act 1980 allows developers to provide the highway authority with completed roads for adoption.

This is generally considered a less desirable route than a Section 38 agreement. The agreement provides for a levy covering the costs of the agreement; Project review, preparation of the agreement, inspection of work and routine maintenance of non-essential objects for motorway purposes (converted amounts). There may also be an obligation for the proponent to cover the motorway authority against the possibility that the proponent may not be able to properly complete the work, for example.B. if they become insolvent. Before entering into an agreement, the developer must have obtained the building permit, including permission for all reserved questions. The building permit will generally include an indicative ordinance of the roads to be adopted. As a general rule, we will only process a Section 38 request for agreement when the plan has been established for “full or reserved issues.” A developer may complete the construction of a road and then propose to the Highway Authority in accordance with Section 37 of the Highways Act 1980, but the S38 is more desirable because the Commission does not have the authority to insist that a road meet an authorized standard or that it is then proposed for adoption.