Section 38 highway adoption agreements

Highways Act 1980 (as amended) Section 38

Please kindly provide a schedule of all section 38 highway adoption agreements entered into between the authority and developers from 1/1/14 to the present.

The key details I am seeking are listed below. An Excel file is also attached which may help in assembling the information.

1. Name of Developer, e.g. Persimmon Homes

2. Contact details for developer, including
(i) Contact name
(ii) Email
(iii) Telephone number
(iv) Address

3. Site address including postcode, i.e. location of the development

4. Approximate scale and type development e.g. 50 houses

5. Planning application number

6. Date of s.38 agreement

We are unable to easily extract this information from our planning systems and consider that compliance with your request would exceed the limits under section 12 of the Freedom of information Act 2000, currently £450 or 18 hours of officer time. We would first need to locate all section 38 agreements in our main planning system by date, then review them individually to collate the information requested for each separate agreement. Some would have to be looked for in other planning systems.

We estimate that in the four years in question the council has received approximately 200 instructions regarding section 38 agreements recorded on the main planning system. Each one would take a minimum of 10 minutes to review, making a total time well in excess of 18 hours, even without adding in the searches in other systems.

In order to provide advice and assistance to you, if you can refine your request we may be able to assist you further.