Section 38 of the Highways Act
Section 278/38
Section 38 of the Highways Act 1980 enables developers, upon obtaining planning permission for a new development, to request that the Highway Authority adopt newly constructed roads within the development, along with essential infrastructure such as drainage systems, street lighting, and ancillary structures.
Adoption by the Highway Authority signifies their commitment to manage and maintain these roads from a specified date, with costs borne by public funds. The formal arrangement set between the Highway Authority and the developer is documented in a Section 38 Agreement.
These agreements are commonly implemented in conjunction with Section 278 Agreements, which permit developers to undertake necessary modifications to public highways as part of their development projects.
Similar to the requirements under a Section 278 Agreement, developers are obligated to present detailed road designs to the Highway Authority for approval under a Section 38 Agreement. The developer must also account for several costs related to the process, including:
- 1. Drafting the agreement.
- 2. Oversight of the construction works.
- 3. Commuted sums for future maintenance.
- 4. Bonds to ensure completion and compliance with standards
Conclusion
The significant cost benefits and value addition provided by structural engineers across various projects, from tackling subsidence with pile foundation solutions to ensuring the success of loft conversions, are undeniable. Their critical input makes every construction and renovation endeavor more secure, efficient, and valuable, underscoring the importance of their role in the industry.
Investing in the services of a skilled structural engineer is a strategic decision that enhances project outcomes on every level.