Acceptance means that the motorway authority agrees to carry out the maintenance of the road at public expense from an agreed date. The agreement between the motorway authority and the developer is called the Section 38 agreement. Once an agreement has been entered into under Section 38, the developer must operate under a number of conditions, conditions and timeframes. It is supported by a loan or cash deposit, calculated by the motorway authority and based on the proposed works. This loan or cash deposit can be used if the developer is in liquidation or is late in his responsibilities. The procedure necessary to reach an agreement can take time and time and it is therefore desirable to start an interview with the motorway authority as soon as possible as part of the project. A Section 38 (or S38) agreement is a section of the Highways Act 1980, which can be used when a developer proposes to build a new land road for residential, industrial or multi-purpose transportation, which can be offered to the highway for adoption as a public highway. A Section 38 agreement is a section of the Highways Act 1980 that allows developers to enter into a legal agreement with the Local Highway Authority to adopt and maintain new motorway infrastructure at public cost. If, as part of a development, it is proposed to construct a new land road for residential, industrial or general transport, the normal legal means by which the road becomes a public road is an agreement under section 38 of the Highways Act 1980. The agreement is accompanied by a fee covering the costs for the following amounts: verification of projects, preparation of the agreement, inspection of works and continuous maintenance of objects not necessary for the purposes of the motorway (pendulum amounts). It may also be necessary for a loan from the developer to cover the motorway authority against the possibility that the developer will not properly complete the work, for example.B. if they become insolvent. As a general rule, we will not process a section 38 request for an agreement until planning permission for “full or reserved business” has been granted.
The motorway authority (Council) does not have the power to insist that a developer reject an S38 agreement. However, many developers also consider it the best option, as the adoption process can be long and when it takes place after the end of a route, the developer is responsible for the complete maintenance until launch. . . .