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4/20/2022 2:47:02 PM

4. Section 38 Agreement

Housing estate

A Section 38 Agreement (Highways Act 1980) requires a developer to enter into an agreement with the Highway Authority for the construction of new roads and footways to be offered for adoption.

We will not normally process an application for a Section 38 agreement until planning approval has been issued for 'full or reserved matters'. 

Until a road is adopted, it's maintenance remains the responsibility of either the:

  • developer/ owner
  • home owners along the road

For further information regarding Section 38 Agreements email



Section 38 guidance notes HTML

Section 38 Application Form PDF, 134KB

Technical Design Information PDF, 122KB

Surfacing Material Selection Tool

Standard details drawings

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Last updated: 20 April 2022

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