Creation of New Public Highways (Section 38 Agreement)
Where, as part of a development, it is proposed to construct a new estate road for residential, industrial or general purpose traffic the normal legal means by which the road becomes a public highway is via an agreement under Section 38 of the Highways Act 1980.
Once the new estate road construction has been completed and has satisfactorily attained its provisional maintenance period (usually one year from opening for public use) it is adopted by the Local Highway Authority as a public highway. “Adoption” means that the Local Highway Authority takes over all future responsibility for the highway works and that it becomes part of the public highway with all inferred rights.
We negotiate Section 38 Agreements with the Local Highway Authority’s engineer on behalf of our Clients, plans showing all elements of construction and specifications are provided. These plans and details will be of the same type as those required for highway improvement works under a Section 278 Agreement. Similarly a bond will be required between the developer and the Local Highway Authority to ensure that the proposed works can be satisfactorily completed in the event of any default or unforeseen occurrence.
Local Authority engineers will inspect the work on site at key construction phases and we are often involved in general setting out and day to day site supervision. Work would be expected to be subject to the Construction (Design and Management) Regulations (CDM 2015).
Sanderson Associates have vast experience of acting on various different developments and for many Clients with regard to Section 38 agreements.