Difference Between Section 38 And 278 Agreement

This data sharing allows us to change your contract. In cases where a highway system requires real estate developers to set up land under their control to accept it as public highways, please refer to Section 38 of the agreements. The presumed highway is one of those areas of planning law that can even take the most experienced practitioner out of the house of view. The creation of highway rights is done in the same way that relief can be acquired by prescription over time. However, the essential difference lies in the fact that the law is not simply between two neighbouring lands, but a right to general power. A landowner may dedicate a road (consistent to an authorized standard) as a highway, which must be maintained at public expense in accordance with Section 38 of Highway 1980. If you intend to dedicate new roads as a highway, it is important to discuss them with the highway service, as it will have certain specifications that will have to be met before the work is signed and the adoption is completed. In addition, a Section 38 agreement is similar in the form of a Section 278 agreement, so the balls mentioned above are equally relevant. A Section 278 (or S278) agreement is a section of Highway 1980 that allows developers to enter into a legal agreement with the Council (as a Highway Authority) to make permanent modifications or improvements to a public highway as part of a plan. The Road Agreements team is responsible for private S38, S278 and private road contracts.

They carry out technical checks, agreement management, local inspection and takeover of the S38 and S278 plants. The development planning request generally defines the principles of the work required. The motorway authority cannot then refuse to enter into an agreement for the promoter to carry out the authorized work as long as the work complies with the appropriate standards. The s38 agreements concern the maintenance of new motorways by road authorities and the building permit must be issued before it is possible to seize them. The agreement contains details of the building permit, technical drawings, construction program and inspection.