What is a Section 38 planning?
Section 38 of the Highways Act 1980 is used when a developer wants to construct a new estate road for industrial, residential or general traffic that may be offered to the highways authority for adoption as public highway. The planning permission will generally include an indicative layout of the roads to be adopted.
How long does a Section 38 take?
There will generally be a 12 month maintenance period between the completion of the works and the adoption of the roads. If the development is phased, then adoption will generally take place after the final phase is completed.
What happens if there is no Section 38 agreement?
In there is no Section 38 Agreement in place or there have been significant delays in adoption despite one, it is strongly recommended that the buyer, through their solicitor, retains some of the purchase price of the property to pay for possible road works in the future.
What is a 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 Section 38 Children’s Act 1989?
When a child is subject to an Interim Care Order, the court may decide to make a direction for the child to be assessed under Section 38(6) Children Act 1989. This enables the court to direct where the child should live, for a period of assessment.
Why would a council not adopt a road?
Why would a council not adopt a road? Any expense for bringing an unadopted road up to a suitable standard has to be met by the owners of the properties fronting the road. Alternatively, the Council could potentially carry out the work on the road themselves and then invoice the property owners for the cost.
What is an unadopted lane?
An “unadopted road” is simply a track or road which has not been adopted by a local authority and so the said authority has no responsibility to maintain it. If this is not clear, it is usually the case that a property adjoining an unadopted road will have been granted a right of way by the private owner.
Do S278 works require planning permission?
An S278 is usually necessary where planning permission has been granted for a development that requires improvements, or changes, to the existing roads and pavements that form part of the publicly-maintained highway.
Who can implement a Section 35 37 and 38?
The Magistrates’ court can use this section if you’ve been convicted of a crime. The Crown Court can use this section at any time in your court case. Section 35 can only be used if you can be sent to prison for the offence you’ve been charged with. In hospital an Approved Clinician (AC) writes the report.
What is a section 38 agreement with the highway authority?
Once adopted the highway authority agrees to undertake the maintenance and upkeep of the road under the Section 38 agreement. This date will be decided upon by the agreement. The Highway Authority has no power to insist that a developer enter into an S38 agreement.
What is a section 37 agreement?
NB: Section 37 of the Highways Act 1980 enables developers to offer completed roads to the highway authority for adoption. This is generally considered a less desirable route than a Section 38 Agreement . Adopted highway .
Do you need planning permission for a section 38 agreement?
Before entering into an agreement, the developer must have obtained planning permission, including approval of any reserved matters. The planning permission will generally include an indicative layout of the roads to be adopted. The Section 38 Agreement may contain: Details of the relevant planning permission.
What is Section 38 of the Health Act?
Section 38 documentation relates to the Agencies provided with funding under Section 38 of the Health Act, 2004. This is limited to 23 non-acute agencies and 16 voluntary acute hospitals currently within the HSE Employment Control Framework.