Lancashire County Council Section 38 Agreement

West Lancashire MP Rosie Cooper has received confirmation that Morris Homes has finally reached an agreement with Taylor Wimpey to promote street acceptance of the Heathfields estate in Burscough. You can check the condition of local roads on our Maps Information website, www.mario.lancashire.gov.uk Morris Homes CEO Nick Uttley confirmed in a letter to MP Rosie that an agreement had been reached with Taylor Wimpey, with whom Rosie met this month, to pay the outstanding regulatory fees to LCC. This means that the agreement required under Article 38 can be adopted within the next six months. If there is no legal agreement for development, we may not be able to get back on the road. This would mean that they would remain private access roads with no public rights and – perhaps more importantly for new residents – the roads would no longer be managed and repaired by the council in the future. Could you provide a list of all outstanding section 38 agreements between you and the developers on the introduction of country roads in Chorley? „Many residents of the property contacted me frustrated when the adoption was completed, complaining about paying the full municipal tax but not being able to ask the county to respond to reports of road maintenance issues. Attached are details of the streets of Chorley that have not yet been adopted, but are the subject of an S38 agreement for future adoption. By `pending` I mean all agreements that have not yet led to the approval of the roads by Lancashire County Council. Once we have agreed on these issues with the developers, we are both ready to enter into a legal agreement. It sets out the assurance that developers must have in case they are unable to complete the construction of the road themselves, as well as the fees we charge for our contribution to site inspections and records. It would be useful if the data included the date of the agreement, the promoter concerned and the roads concerned included in the agreements. If possible, could you also indicate the reason for the non-adoption? Legal agreements and fees between the developers and Lancashire County Council, which is the Local Highways Authority, meant that adoption could not take place until now.

If the developers don`t finish the job voluntarily, we have no legal pressure to use because the deal is not a contract. We will always offer to help them find ways to get around problems on the ground, and we encourage new residents to raise their concerns directly with developers. However, it should be noted that if the duration of the contract is to be extended, we will charge an additional inspection fee to cover the additional time we will have to spend on the property. Once all the last deficiencies have been corrected, we will take over the highways, after which they will become public roads and will be managed and maintained by the county council. If the developers cannot complete the roads themselves once there is an agreement – for example, if they are put into liquidation – we will go against the insurance deposit to get enough money so that we can complete the work ourselves and then take over the roads. We have no information for Bracken Close, Heather Close, Thistle Close. We know that there is an S38 agreement, but we cannot find the file to obtain the date of the agreement. Owesten Court, Anderton is partially adopted, that is, .part of the entire site is assumed with an area still pending, but we do not know the exact date of the agreement.

Visible links 1. mailto:[Lancashire County Council Request Email] mailto:[Lancashire County Council Request Email] 2nd www.ico.gov.uk/ 3rd www3.lancashire.gov.uk/corporate/. With these issues in mind, we have a range of materials for builders to choose from, and we can help them test something extraordinary. Our advice is updated regularly, see the latest version below: „This assumption means that residents are not relying on management companies to carry out the necessary work on the highway, including the maintenance of roads, gorges and street lights, which will soon be the responsibility of LCC. You should contact the builders to find out what progress they are making with the road introduction process. You can also use your browser`s Back button to return to the previous page. If developers cannot meet our safety, accessibility and construction requirements before starting construction, we will make it very clear that there is no prospect of us taking over their new roads. Roads remain private and must be managed with private funds, either by a management company (often a management company is responsible for maintaining the open spaces around the property).

Unfortunately, some local roads are built with materials that are very expensive for us to maintain from public funds, and we have a responsibility to keep these costs low. Rosie has been in agreement with West Lancashire Borough Council, Lancashire County Council and the two developers for over a year to ensure that LCC would take over the estate`s roads, including Delph Drive and the roads in front of it. „Once the adoption is complete, which Morris Homes will tell me over the next six months, residents will know clearly where the responsibilities lie and to whom to report future issues. Unfortunately, the page you requested does not exist on the Lancashire County Council website. The Ministry of Transportation`s Road Transportation Publication Manual provides additional guidance on understanding our road design requirements. Rosie Cooper, MP for West Lancashire, said: „I am delighted for the residents of the heathfields estate that this deal will soon be concluded with the adoption of the road network by Lancashire County Council. There has been no response to this access to information request, which is now long overdue. If we find unacceptable defects in the roads during construction, we will withhold certificates and refuse to push adoptions until corrections have been made to our satisfaction.

Certificates are tied to the value of the insurance that developers must keep, and the premiums they pay are not reduced until certificates can be released. New subdivisions typically include newly built roads to provide safe and convenient access to new homes. Developers (companies that build new homes) often want Lancashire County Council to take over the finished roads and turn them into public roads, so we are responsible for their future maintenance and repair. We are very happy to do this as long as the developers meet a number of conditions: our road managers inspect the roads at different stages of construction to ensure that the builders meet all our treatment requirements. They also help builders decide how to overcome unexpected problems encountered during construction. They issue certificates at different stages of the work, and once everything seems to be complete, they agree on a final observation period (usually 12 months, but may be shorter in some circumstances). „I would like to thank Mr. Uttley of Morris Homes and Anthony Mansfield of Taylor Wimpey, who both engaged positively with me to end the issue of adoption.” You can search or go to our homepage to find the information you need.

We are waiting for Rebecca Parkin to read an updated response and update the status. .

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