Q&As

Does a Council need to record in the Local Land Charges register a section 38 agreement in respect of a piece of highway which is within the title of an adjoining Council? If so, what wording should be used?

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Published on LexisPSL on 31/08/2016

The following Planning Q&A provides comprehensive and up to date legal information covering:

  • Does a Council need to record in the Local Land Charges register a section 38 agreement in respect of a piece of highway which is within the title of an adjoining Council? If so, what wording should be used?

Does a Council need to record in the Local Land Charges register a section 38 agreement in respect of a piece of highway which is within the title of an adjoining Council? If so, what wording should be used?

Section 38 agreements provide for the construction of roads on privately owned land. At a specified date in the future (usually 12 months after practical completion), the Highway Authority (HA) will adopt those roads. Usually, only the top layer is transferred to the HA, ie dedication as opposed to the transfer of the freehold.

Please note that section 38 agreements do

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