Section 38 Legal Agreement
Before entering into an agreement under Section 38, the owner or developer of land must: an agreement under Section 38 (S38) is a legal agreement between one or more landowners and the Council to enable the adoption of private motorways by us as a local motorway authority (LHA) in accordance with section 38 of the Motorway Act 1980. If a private company has an agreement with the landowner(s) to develop the land, that developer is also a party to the S38 agreement. A hard copy of the dedication plan is required for each in-depth copy of the agreement. that is, one for each of the parties, with the exception of the Bondsman. The technical element of submission of the S38 application requires a complete set of drawings and calculations, as described in the Technical Authorization section. Technical approval can only be issued when the supervisory fee has been paid and the S38 agreement is in place. The motorway authority (Council) does not have the power to insist that a developer reject an S38 agreement. However, many developers feel that this is the best option, as the adoption process can be lengthy, and if it takes place at the end of a route, the developer is responsible for all maintenance work up to acquisition. The agreement of Article 38 is legally binding. It is said that for agreements in the city of Nottingham, go to Nottingham City Council.
Once an agreement has been concluded in accordance with Section 38, the developer must operate under a number of conditions, conditions and deadlines. It is supported by a loan or cash deposit, calculated by the motorway authority on the basis of the proposed works. This loan or cash deposit can be used if the developer is in liquidation or otherwise. When a developer builds a new road in Nottinghamshire, they make a deal with us. This is part of section 38 of the Highways Act 1980. A Section 38 agreement is a section of the Highways Act 1980 that allows developers to enter into a legal agreement with the Local Highway Authority to adopt and maintain new motorway infrastructure at public cost. . .