Q&As

Is there a statutory prohibition against assignment of a 38 Highways Act 1980 agreement that means parties cannot contract to allow assignment subject to consent? Also if it is possible to assign subject to consent is it implicit that such consent will not be unreasonably refused?

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Produced in partnership with Emily Knowles of Sharpe Pritchard
Published on LexisPSL on 17/10/2019

The following Planning Q&A produced in partnership with Emily Knowles of Sharpe Pritchard provides comprehensive and up to date legal information covering:

  • Is there a statutory prohibition against assignment of a 38 Highways Act 1980 agreement that means parties cannot contract to allow assignment subject to consent? Also if it is possible to assign subject to consent is it implicit that such consent will not be unreasonably refused?

Is there a statutory prohibition against assignment of a 38 Highways Act 1980 agreement that means parties cannot contract to allow assignment subject to consent? Also if it is possible to assign subject to consent is it implicit that such consent will not be unreasonably refused?

Agreements under section 38 of the Highways Act 1980 (HiA 1980) (known as section 38 agreements) are agreements between a local highway authority and a person who has the power to dedicate private land as a highway so that it becomes maintainable at the public expense on the date set out in the agreement. Further information regarding section 38 agreements can be found in Practice Note: Highways—adoption agreements. An agreement pursuant to HiA 1980, s 38 is in principle a contractual arrangement, albeit one where the terms of the agreement are governed by statute.

The general principle governing the assignment of contracts is that assignment is permissible unless there is

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