Post Grant of Planning Consent

Section 38 Agreement, Creation of New Public Highways, Changes to Public Rights of Way and Highway Closures

Post Grant of Planning Consent – Part Three

Section 38 Agreement

Where, as part of a development, it is proposed to construct a new estate road for residential, industrial or other purposes, the normal legal means by which the road becomes a public highway is via an agreement under Section 38 of the Highways Act 1980. Further advice on the highway adoption process is also available from the Department for Transport.

Once the new estate road construction has been completed and has satisfactorily attained its provisional maintenance period (usually one year from opening for public use) it is adopted by the Local Highway Authority as a public highway. “Adoption” means that the Local Highway Authority takes over all future responsibility for the highway works and that it becomes part of the public highway with all inferred rights.

Section 38 Agreements are negotiated between the Local Highway Authority’s engineer and the developer's Highway Engineer and plans showing all elements of construction and specifications are provided. These plans and details will be of the same type as those required for highway improvement works under a Section 278 Agreement. Similarly a bond will be required between the developer and the Local Highway Authority to ensure that the proposed works can be satisfactorily completed in the event of any default or unforeseen occurrence.

Local Authority engineers will inspect the work on site at key construction phases and the Highway Engineer will often be involved in general setting out and day to day site supervision. Section 38 works are subject to the Construction (Design and Management) Regulations (CDM 2015).

Changes to Public Rights of Way and Highway Closures

Some development proposals may affect existing public rights of way (footpaths or bridleways) or existing public roads. Early discussions with the Local Planning and Highway Authority followed by research at the time of the Transport Assessment should have identified these issues and the most appropriate manner to deal with them.

Public rights of way may potentially be diverted or closed in favour of an alternative route and where for example public roads are redundant they can be formally closed (stopped up). Procedures are available under both the Highways Act and the Town and Country Planning Act to effect these changes and the Highway Engineer will often take a role in the application procedure and producing the necessary documentation.

Even though planning permission has been granted for a development the public has a right to comment and potentially object to a change to a public right of way or the stopping-up of an existing public road and the Highway Engineer may be required to provide evidence at a public inquiry or Magistrates Court in support of the proposed change.

What Our Clients Say:

Swept Path Analysis and Visibility Drawing incorporated into a Technical Note, Proposed Residential Dwelling, Colchester.

Planning permission approved finally, I am certain it was your input when you asked for the refusal to be put into writing so it can go to appeal… well done & thank you again. Nicholas Perks, Wyvern Building

Highway Statement, Proposed Residential Development, Stockport

Just want to pass on my thanks and appreciation. Your knowledge and speed at looking at the issues were incurred was superb. Hopefully we’ll have the pleasure of working together in the future. Craig Ashton, Managing Director, CPA Bespoke Joinery Ltd.

Transport Assessment, Proposed Residential Development (170 dwellings), Essex

This report is of the highest quality and detail and draws the conclusions we had hoped to see. Thanks to you and the team for this, we will certainly be using Sanderson Associates on future projects. Tom Helliwell, Managing Director, Class Q Ltd

Speed Survey, Proposed Private Residential Development – Testimonial

Thank you so much for your fast and efficient service, the speed survey was conducted efficiently and the report given has really helped our planning application process with highways moving forward. Communication from yourselves was also fantastic and swift. Would most definitely recommend you to everyone. Much appreciated! Ismail Chopdat (Private Individual)

Access Feasibility Study, Proposed Private Residential Development – Testimonial

I have recently worked on a project with Karen and Ashley at Sanderson’s and they were extremely helpful, professional and worked to my extremely tight deadline. I have no hesitation in recommending this company their attention to detail and professionalism was much appreciated. Rosie Marsh (Private Individual)

Analysis of Speed Survey and Swept Path Analysis

Brett and the Sanderson’s team were invaluable to us in obtaining highways consent which in part cleared the way for our planning application to be approved. They provided a proactive professional and personable approach to satisfy and fulfil the Cambridgeshire highways requirements. We recommend them and will use them again. Daykin Waters Waters Developments

Stage 2 Road Safety Audit, Residential, Staffordshire

Sanderson Associates were the successful bidder for carrying out a Stage 2 Road Safety Audit on behalf of TSP Projects. Their team were committed to the tight programme, and not only did they undertake the audit and agree terms and conditions in a short space of time they were receptive and flexible with planning the […]

Construction Traffic Management Plan

Sanderson Associates have been very helpful for us and our clients. They proved efficiency and competitive pricing. Thank you for your services. Andreea Raicu, Architect, Tang & Associates Ltd

Flood Risk Assessment, Testimonial, Industrial Development, Sheffield

Sanderson’s were a great in helping us with our planning application for a new material silo at our manufacturing base in Sheffield. Darren was efficient and swift in his discussions with the council on the need for a flood risk assessment on the site. Darren’s knowledge of the site and surrounding area and consequent discussions […]

Travel Plan

We have worked with Ashley, found the service very professional, efficient and cost-effective. We received the surveys and reports on time and were kept fully appraised with everything, excellent service all round. Recommend using Sanderson again in the future. Thank you, Al Ihsan Trust

Require the Services of a Highway Engineer?

Sanderson Associates have enjoyed over 37 years in business delivering experienced Highway Engineering Services to our clients, having completed over 12,200 schemes for a wide variety of major and minor developments throughout the whole of the UK, Isle of Man and Ireland.

We would be pleased to provide you with our competitive fee proposal to provide you with our Highway Engineering Services, please call us on 01924 844080 or click here to complete our secure online form.

Creation of New Public Highways, Section 38 Agreement, Highways Act 1980, Provisional Maintenance Period
Adopted, Local Highway Authority, Highway Works, Adoption
Changes to Public Rights of Way, Footpaths, Bridleway, Public Road, Stopping Up Order
Cookie Settings