What is a Section 38?
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What is a Section 38?
A Section 38 agreement (or S38) is a section of the Highways Act 1980 that can be used when a developer proposes to construct a new estate road for residential, industrial or general purpose traffic that may be offered to the Highway Authority for adoption as a public highway.
What is a stopping up order?
The term ‘stopping up’ means that once such an order is made, the highway land will cease to be a highway, road or footpath. Stopping up orders are often made because the public highway is no longer necessary or to allow development to take place.
What is a Section 38 and 278 Agreement?
Section 278 agreements provide the legal mechanism required to carry out highway alterations on the existing network, whilst Section 38 agreements secure new road adoption by the highway authority.
What is a Section 50 Licence?
Section 50 street works licences Any person or organisation who wishes to carry out works on a highway, will need to apply for a street works licence (Section 50 Licence). This requirement does not apply to anyone acting under a statutory right.
Who can apply to stop up a highway?
Highways Act 1980 – Section 116 and Section 118 The Highways Authority may seek authorisation from the court to stop up areas of designated highway land where it is no longer required for public use. The land concerned needs to be owned by the applicants requesting the stopping up application to be processed.
What is s73 application?
An application can be made under section 73 of the Town and Country Planning Act 1990 to vary or remove conditions associated with a planning permission. One of the uses of a section 73 application is to seek a minor material amendment, where there is a relevant condition that can be varied.
Do you need planning permission for S278 works?
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.
How long does a Section 38 agreement 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 is a section 171 licence?
A Section 171 (temporary excavation) licence is for carrying out excavation on a public road or pavement, without installing apparatus. Utility companies (water, gas, electricity and telecoms) can legally do work without a licence. Anyone else will need to apply.
What is a section 184 agreement?
A Section 184 Agreement (Highways Act 1980) requires a developer to enter into an Agreement with the Highway Authority for the construction or alteration of an access relating to a new development.
What are highway rights?
A public highway is a legal right to the public to pass and repass over land. Whilst a right of passage is the primary public right, a highway also entitles the public to carry on any other reasonable activity.
Is a s73 a new permission?
A successful s. 73 application results in the grant of a new planning permission and therefore the original permission remains intact. A developer may then elect between them.
What is a s73 agreement?
Section 73 of the Town and Country Planning Act 1990 allows your applications to be made for permission to develop without complying with a condition previously imposed on a planning permission.
Who can enter into a section 278 agreement?
highway authority
Section 278 is the part of the Highways Act 1980 that enables a highway authority to enter into an agreement with a third party to deliver improvements on the existing public highway.
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 section 58 notice?
This Section 58 notice prevents utilities from digging up roads and footways for a period between 3 to 5 years after the road has been reconstructed or resurfaced. There are some exemptions to the rule such as: Minor works that do not involve breaking up or excavation of the highway. Immediate (emergency) works.
What is a section 171 Licence?
What is a section 50 notice?
Who owns land between house and road?
Landowners have often heard of the “ad medium filum” presumption that landowners adjoining the highway own up to the mid-point in the road, unless it can be proven otherwise. Land that has been compulsorily purchased is one example of when the Highway Authority will usually own the land outright.
Can I claim highway land?
a highway is a legal right over land. It does not connote freehold ownership of the land. The majority of the freehold on which there is highway maintainable at public expense are not owned by the highway authorities.
