Legal agreement submission requirements
After technical approval is granted, coloured electronic and hard copies of all approved plans and details must be provided. Drawings must be provided in accordance with the council’s specification prior to inspecting the works.
The drawings must be coloured as follows:
- carriageway – grey
- footways, footpaths, cycleways and other hard-surfaced areas – yellow
- shared-surface roads – brown
- traffic-calming features – brown
- verges – green
- The council adopted highway drainage – blue
- additional highway structures – pink
- special surfacing – purple
- private drives that have had Advance Payment Code notices served – orange.
The council will complete all documentation for the Section 38 agreement. In addition to information submitted at the preliminary stage (See Highway Development Management), please ensure that the following are provided:
- proof of ownership of the land
- proof of an intention to enter into a Section 104 agreement and any deeds of easements
- Evidence that the Health and Safety Executive (HSE) has been notified of a construction project, where applicable, using form F10.
Surety and fees
The Section 38 agreement must be supported by a cash deposit or institution-backed surety bond that is calculated by the council that may be called upon to complete the works if the developer goes into liquidation or otherwise defaults on their responsibilities as set out within the agreement. The council reserves the right to approve the surety provider. The Advanced Payment Code bond or payment will be returned at this point.
All the council’s remaining fees, including inspection and legal fees, must be paid. For information on the council’s fees charged relating to all highway works covered by Section 38 agreements, please see fees and charges.