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Section 38 Agreement Somerset County Council

Exceptions (Section 38 Convention) There are certain exceptions to the exploitation of the code of favour, one of which is an agreement under Section 38 of Highways Act 219 (4)) d. We recommend that developers enter into an agreement under this section as an alternative to depositing money in accordance with Section 219. In this context, a road is considered private, unless it is adopted as a public highway or subject to a legal agreement to make it passable at public expense. If you have any comments or questions about the information on this page, you can send us an email – the assets and infrastructure of the highway in Somerset, provided by the developers, are permanently transferred to Somerset County Council as a motorway authority; by legal provisions guaranteeing “adoption,” with the motorway authority then assuming responsibility for future maintenance and maintenance at public expense. These assets would generally consist of pavements, sidewalks, drainage systems, traffic lights, bridges, dead ends and lighting systems, and the acceptance of these assets would place an additional financial burden on the Authority for their management and maintenance. This section contains additional information. The Somerset Technical Advice Notes replaces most of the content in our “Red Book,” which is still relevant but needs to be updated. When the technical guidelines are completed, we will read the “Red Book” and other guidelines. If there is a lag between the “Red Book” and the new technical notes, then Somerset`s new technical notes are a priority. Such delays can prolong the process beyond one year. We do not have the power to compel or compel the proponent to enter into a Section 38 agreement. Sometimes the developer may not respect the terms of the agreement. If this happens, we can use the warranty for the work.

If the scale of the work required exceeds the value of the warranty, we can choose not to take the road and it will remain “private”. As a general rule, other clauses are added to the agreement, such as. B: What is the bill? Road authorities may agree to adopt new roads and improve existing roads by entering into agreements with developers in accordance with Sections 38 and 278 of the Highways Act 1980. A Section 38 agreement is a legal document whose signatories are normally the County Council, the housing agency and a guarantee provider. The terms of the agreement set out the standards on which we must build the new road. For assistance to Section 38 or APC, e-mail applications in Somerset We adopted the prepayment code in 1967, which is in effect throughout the county. Once the code has been adopted by a public authority, there is no discretion to revoke it, regardless of the number of units proposed.