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Lincolnshire County Council Section 38 Agreement

By August 21, 2023Uncategorized

Lincolnshire County Council Section 38 Agreement: What You Need to Know

If you`re a developer looking to build on a new site in the Lincolnshire area, you may have heard of the Section 38 Agreement. This legal agreement is an important part of any development plan, as it relates to the provision of highways and infrastructure in the area. In this article, we`ll explore what the Lincolnshire County Council Section 38 Agreement is, how it works, and why it`s important for your development project.

What is the Lincolnshire County Council Section 38 Agreement?

The Section 38 Agreement is a legal arrangement between a developer and the local highway authority, which in this case is Lincolnshire County Council. Its purpose is to ensure that any new development includes the necessary infrastructure and highways provisions to ensure a safe and efficient road network in the area. Essentially, the agreement requires the developer to construct the necessary roads and infrastructure to adoptable standards, and for the council to adopt these roads into their highway network.

How does the Section 38 Agreement work?

If you`re a developer wishing to build on a site in Lincolnshire, your first step would be to submit a planning application to the local council. As part of this application, you`ll need to include details of any highways infrastructure that will be required for your development. Once your application has been approved, you`ll then need to work with the council to negotiate the Section 38 Agreement.

The agreement will outline the necessary highways infrastructure required for your development, and the standards to which it must be constructed. This will generally include things like roads, footpaths, street lighting, and drainage systems. The agreement will also specify the timeline for the construction work, and the financial arrangements for the payment of any associated costs.

Once the infrastructure has been constructed to an appropriate standard, the council will then adopt the new roads and infrastructure into their highway network. This means that the council will take on the responsibility for the maintenance and repair of these roads and infrastructure going forward.

Why is the Section 38 Agreement important for your development project?

As a developer, entering into a Section 38 Agreement with the local council is a crucial step in the planning and construction process. Not only does it ensure that the necessary highways infrastructure is provided in your development, but it also means that these roads and infrastructure will be adopted by the council and maintained going forward. This is important for the safety and convenience of residents and visitors to the area, and can also have a positive impact on the value of your development.

Furthermore, failing to enter into a Section 38 Agreement can cause significant delays and costs to your project. Without the necessary highways infrastructure in place, your development may be deemed unsafe or unsuitable for habitation, and could be subject to legal action or fines. Additionally, any work that needs to be done to bring the infrastructure up to an appropriate standard will be at your cost, which could significantly impact your project budget.

In conclusion, if you`re a developer looking to build on a new site in the Lincolnshire area, it`s essential that you understand the importance of the Section 38 Agreement. By working collaboratively with the local council to ensure appropriate highways infrastructure is provided, you can create a safe and efficient road network for your development, and avoid any costly delays or legal action in the future.