12Apr

Section 38 Agreement Hertfordshire

Upon receipt of your application online and all information, your application will be assigned to our motorway contract managers, who will contact you and provide additional instructions specifying the payment necessary to cover the administrative and technical costs of design control. This must be paid before the start of the technical design test. Once this tax is paid, the technical design check begins. No site inspection is carried out to authorize the work of a developer on site, unless all contractual costs have been paid. Highway drainage should be installed within the highway or an existing public highway. When a new highway diversion is provided for by private land, relief is included in the agreement provided for in point 38. When it comes to building a new estate, a local road authority may decide on a road in agreement with the owner, in accordance with Section 38 of Highway 1980. Essentially, the promoter of an estate can enter into an agreement with the motorway authority to build roads to the satisfaction of the authority and in accordance with its specifications. The road then becomes a passable highway at public expense. I would like to add that section 38 cannot be used if the owner cannot be traced.

However, Hertfordshire County Council informs me that local planning authorities, when issuing permission to develop new roads, cannot impose planning conditions for the extent of the highway`s adoption or the timing of the adoption procedure, nor that they have the power to compel the developer to develop a road to accept it. Perhaps this issue could be considered as part of the new planning concept of the new government. All highway work that is not authorized and performed without section 278 agreement (or any other authorization required for the highway) results in enforcement action against the developer and/or contractor. This includes cost coverage. To start the process, the developer must apply online and submit all the information on the contract list. The Clerk summarized a letter from Hertfordshire County Council to Ms J Heaps stating that the Council had no intention of assuming responsibility for preserving the section of the track, where it is divided into two parts at the end of Burns Green. Cllr Spicer proposed that Parish Council challenge this decision and it was agreed to write to Hertfordshire County Council on the matter. Lawyer fees related to the preparation and signing of the contract are billed separately to the lawyer for the developer of LGSS Law. The proponent must enter into an agreement with us under Section 38 of the Highways Act 1980. Let me give you an example of the magnitude of the problem. In a single district of Hertfordshire-Hertsmere, more than 626 of the 2,165 stretches of road, footpaths and other highways are unmaintained.

This represents almost a quarter of the road sections of Hertsmere. As I said, a lot of this data dates back to the 1970s, and since then construction has expanded considerably, so it would be helpful to have an idea of the magnitude of the problem. Will the minister agree to do that and put a copy of the information collected in the library so that other members can see the magnitude of the problem? All amounts must be paid before section 38 closes. It was agreed to write to Bryan Hammond, Herts County Councillors removals following the handover of the Roadway from Burns Green, both the streets adopted, where the road is divided into two sections. Cllr Spicer also explained that Burns Green hedges are heavily invaded and need to be cut backwards. One of the owners was present at the meeting and acknowledged that it was his responsibility and that the hedge would be cut during his hedge-cutting program.