Copies of the above agreements are managed by LGSS Law (the legal service providers of Northamptonshire Highways). The adoption of Section 37 allows the developer to build the road and complete the development without the need for a formal road agreement with the motorway authority. Provided that the road is considered sufficiently useful to the public to justify its maintenance at public expense and that it has been built according to acceptable specifications, the motorway authority would accept the dedication message proposed by the developer and after a maintenance period of 12 months, the road would become accessible at public expense. The construction of new roads in subdivisions is the responsibility of the developer who builds the development. In a large development, this may take some time. If the roads that serve the land are to be taken over, the role of the County Council as a motorway authority is to ensure that they are built to the corresponding standards. This process, where roads become public roads, is covered by something known as a road link. A road loan is a financial guarantee between the city council/highway and the housing provider, which means that if the road is incomplete or does not meet the required standard, highways can use the money to complete it. A Section 38 (or S38) agreement is a section of the Highways Act 1980, which can be used when a developer proposes to build a new land road for residential, industrial or multi-purpose transportation, which can be offered to the highway for adoption as a public highway.
An agreement under Article 38 should be concluded and submitted by the proponent. Some other roads may not correspond to the local authority`s road acceptance policy, for example. B in poor condition. An adopted road is a road maintained at public expense and road adoption is a term used to describe the local authority that takes possession of a “private road”. They also have a legal right of way on an adopted road, which also includes pedestrian paths. Large developments, which include an extensive network of hiking routes and trails, are often divided into phases, with a separate S38 agreement for each phase, sometimes with different developers. This scenario is the biggest challenge when it comes to setting appropriate road construction and completion rates, since developers are often printed under pressure due to the demand for markers to build and sell homes outside the normal order. .