What is a Section 38 agreement?

A Section 38 agreement, is an agreement between the Council and developer (Highways Act 1980, Section 38) which describes works on new roads that will become part of an adjacent highway network after adoption.

Landscape is not always adopted by the Local Planning Authority. Management and maintenance of Public Open Spaces (POS) as well as other areas like street verges, is decided by arrangements with the developer.

See also: Section 278 agreements

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