The conclusion of these contracts in a timely manner is usually important to allow the start of construction or purchase. That`s why we take a proactive approach in managing the approval and agreement process. The procedure for the acceptance of S278 motorway agreements, which may be annexed to an agreement under Section 106, consists of two phases. The process is the same as for S38, but without level 1. As far as AWP is concerned, we understand that it is very important to implement the agreements in a timely manner and therefore we bring our expertise as soon as possible in order to avoid problematic costs or premature surprises. This article provides an overview of each of the three agreements. This agreement, commonly referred to as S106, allows a developer/owner to establish a new connection to an existing accepted sewer. If you would like to know more about any of these agreements or discuss your situation regarding any of them, please do not hesitate to contact Campions Solicitors. Would you like to refresh your knowledge of legal agreements related to developers and drainage? Then you`ve come to the right place. A sample S38 agreement can be downloaded from the list on the right of this page, this example may differ from the version as a design depending on the specifics of the development. S38 agreements drawn up by third parties are not taken into account. These agreements must take the form of a request to the municipal council or the sewer skull, which, if approved, generally allows the proposed system to be connected to the existing system at a financial price.
Under an S38 agreement, the only drainage that can be adopted under the Highway Act is the drainage responsible for the drainage of the highway. Any other drainage network installed under the road, including the increase of pipes, shall be adopted in accordance with an agreement provided for in point 104. § 104 Agreement – S104 (Water Industry Act 1991). The implementation of a new TRO is a long process and must be identified as early as possible in the design process. On average, nine months should be allowed for the introduction of a new TRO. This period is necessary to consult with Council members and to formally promote the TRO in order to give the public the opportunity to give its opinion. Depending on the comments received, proposals may need to be amended and even rejected. The purpose of this drawing is to clearly indicate what is consecrated as a highway. Only surfaces and drainages to be adopted under the S38 or S278 agreement should be presented in colour.
Existing drainage systems may also be proposed for adoption by an agreement under Section 102 (Water Industry Act 1991). This agreement allows the acceptance of a channel or a lateral flow by a sewer bogeyman. In the event of a problem that is not fully covered by the specifications or legal agreement, it is defined by the competent delegate. In the event of a dispute, the case will be decided by an independent expert at the developer`s expense. Through these restrictions and obligations towards the country, the agreement mitigates the potentially detrimental effects of development and thus makes it more acceptable for building permit. . . .