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3. Section 38 Agreement

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 before Full or Reserved matters planning approval has been issued.

For the majority of schemes a Stage 1 and 2 Road Safety Audit is required.  The cost of the audit must be fully borne by the Developer. It is the County Council’s preference for Transport for Buckinghamshire to be used for Road Safety Audits. For further information please email roadsafety@buckscc.gov.uk 

Until a road is adopted, it’s maintenance remains the responsibility of either the developer/owner and/ or home owners along the road

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Last updated: 25 October 2017

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