Agreement under Section 38 – Acceptance of Motorways, clauses may be included in an agreement under Section 184 if it is desirable that the motorway contense both the country planned by the developer as a public road and access works, such as for example. B providing visibility. Section 184 of the Highways Act 1980 provides that a developer must enter into an agreement on the construction or modification of access routes or access to the site. It specifically concerns accesses for which the work carried out is sufficient to allow development or where the work must be carried out before the main works can be carried out in accordance with an agreement under Section 38 (acceptance of motorways) or an agreement under Section 278 (which allows a developer to carry out work on a public road). Reasonable fees must be paid to the Local Highway Authority for the management of the agreement, legal services, technical clearance, site inspections and the issuance of certificates. The developer is usually required to deposit a covered bond or cash with the motorway authority up to 150% of the value of the motorway works. An agreement is required when a developer intends to build or modify an access or access to a public highway that has a higher specification than something simple like a foothill or marginal crossing. The local motorway authority reviews and approves the agreements and pays them reasonable fees. A pendulum sum may also be required to allow the motorway authority to maintain the work after completion, usually for a fixed period of between 10 and 25 years. Subsection 7 provides that the Authority shall recover from the owner or user all reasonable costs in which it entails to carry out such work. However, Subsection 9 provides that any person mentioned in a notice shall propose to carry out the work himself in accordance with the plans approved by the Authority, but, in the event of non-compliance with his offer, Section 184 – which falls under Part IX of the Highways Act 1980 – does not provide for the formal conclusion of agreements between a developer and the motorway authority. .

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