Paragraph 38 Dedication agreementI1

England and Wales

The works described in Schedule 3 (streets subject to alteration of layout) shall not be commenced until a written agreement has been entered into with the highway authority (which shall not unreasonably withhold or delay its entry into such an agreement) which provides for—

(a)

completion of those works to the reasonable satisfaction of the highway authority;

(b)

dedication of those works as public highway upon such completion;

(c)

agreement by the highway authority to adopt the works as highway maintainable at the public expense following—

(i)

such completion; and

(ii)

the expiry of a maintenance period of 12 months during which time any necessary remedial works shall be undertaken by the undertaker at its own expense; and

(d)

such other matters reasonably required by the highway authority in respect of sub-paragraphs (a) to (c) which are usually and reasonably included in such written agreements with highway authorities.

Annotations

Commencement

I1: Sch. 9 para. 38 in force at 7.8.2015, see art. 1