In the UK, the adoption of roads is a critical component of highway design and new developments, as it ensures they are built to the correct standards and safe for public use. The Section 38 application process, established under the Highways Act 1980, governs the adoption of new roads by local authorities.
Understanding this process is essential for property developers, civil engineers, and local authority officials alike, as it both ensures compliance with regulations and facilitates the smooth integration of new infrastructure into existing networks.
This blog will explore the Section 38 application process, including what it is, when it’s required, and what the process looks like.
What is a Section 38 Application?
A Section 38 application is a formal request made to a local authority for the adoption of new highways that are being constructed as part of a new highway design or a development project. This application is crucial for making sure that the roads meet the necessary standards and specifications required by the authority for them to become publicly maintained.
After the application is approved, the roads will be maintained by the local authority, relieving the developer of future maintenance responsibilities.
When is a Section 38 Application Required?
A Section 38 application is needed when:
- New roads are being constructed as part of residential developments
- New roads are being constructed as part of commercial developments
- Developers are building new housing estates
- Developers are constructing business parks
- Projects involve the creation of new highways
- Projects involve the alteration of existing highways
Engaging with local authorities early in the planning process is crucial for several reasons:
- It helps determine whether a Section 38 application is necessary.
- It provides insights into local authority requirements and expectations.
- It streamlines the overall planning process through pre-application discussions.
What are the Requirements for Entering a Section 38 Agreement?
1. Detailed design plans:
Design plans should outline changes to road layouts, traffic control measures, drainage modifications, and the creation of new roads, pavements, footpaths, street lighting, and associated infrastructure.
2. Construction standards:
Roads and drainage systems must meet the technical standards established by the council, often aligned with national guidance like the “Design Manual for Roads and Bridges (DMRB)” or the “Manual for Streets (MfS),” as well as Local Highway Authority (LHA) standards.
3. Traffic management plan:
A traffic management plan is required for roadworks to minimise disruption and ensure the safety of road users and pedestrians during construction.
4. Road safety audit:
A Road Safety Audit is needed to evaluate the safety impacts of proposed changes. Conducted in stages (planning, detailed design, post-construction), it identifies risks for drivers and pedestrians, with recommendations to enhance safety. Implementing these measures is usually mandatory for final council approval.
5. Financial bond/security:
Councils often require developers to provide a financial bond or security to ensure funds are available for completing highways and drainage systems if obligations are not met.
6. 12-month maintenance period:
Post-construction, developers are responsible for addressing defects during a 12-month maintenance period. Once certified, the council can adopt the road and drainage system.
7. Inspections
Councils conduct regular inspections during construction to ensure compliance with approved designs. A completion certificate is issued once the road and drainage systems meet agreed plans.
The Section 38 Step-by-Step Process
The application process can seem daunting, but by understanding the steps involved, it can become much more manageable. Here’s a rough breakdown of the key stages:
- Review the guidance:A review of local guidance for developers will be undertaken prior to starting the project ensuring we have all external information in hand.
- Get the application form:Where applicable we will download the necessary application form from the local authority’s website or request it directly from them.
- Complete the application form:A full design Section 38 design package will be created, and application forms will be completed with required information.
- Submit the application:Once the package is complete and we have all relevant information, we will submit it along with any necessary supporting documents to the relevant local authority.
- Await review:After submission, be prepared to wait for a minimum of 3 weeks for the initial review. If there are any additional submissions or revisions, allow at least 2 weeks for each review. Review times do differ council to council, but you will be kept UpToDate through the process.
Conclusion
Understanding the Section 38 application process is vital for property developers, civil engineers, and local authority officials involved in new developments. By familiarising themselves with the requirements and procedures, stakeholders can ensure that their projects run smoothly and comply with necessary regulations.
Are you starting a development project? Here at Onn Point Civil Engineering, our team will assist you every step of the way, to ensure your highway design meets all necessary standards for successful adoption – get in touch today.
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