HIGHWAYS ACT 1980

SECTION 38 AGREEMENT APPLICATION FORM

The information requested in this form will be used in preparation of a draft section 38 Agreement.

Development Details
Planning Permission Number
Parish
Location
Six Figure National Grid Reference
Development Name
Anticipated Commencement Date
Anticipated Completion Date
Name of Developer (In Full):
Address:
Postcode: / Contact Name:
Telephone: / Email:
Developer’s Invoicing details :
Company name and address
Accounts payable telephone and email
VAT registration number
Company registration number
Developer’s Legal Representative:
Address:
Postcode: / Contact Name:
Telephone: / Email:
Developer’s Agent/Consultant:
Address:
Postcode: / Contact Name:
Telephone: / Email:
Name of owner of title of the land to be dedicated as Highway:
Address:
Telephone: / Email:
Is there an s106 for this development?
Is OCC party to this agreement?
Are there any Section 106 obligations relating to the construction of The Highway Works?
Condition No. / Text
A cheque made payable to OCC for £1,500 (must be supplied with this application) / Yes / No
Estimated cost of works including utility diversions / £

OCC inspection and monitoring fees are 9% of the agreed bond – the £1,500 requested above is deducted from the 9% and is not additional.

Please note – a legal cost undertaking will be required for the agreement; this is in addition to the inspection fees identified above.

DECLARATION (This section must be signed by the Developer/Owner)

I/We have read the following notes attached to this form and agree to comply with the requirements contained therein.

(Tick to confirm)

Detailed design Submission requirements

Noise Survey Requirements

Information Sheet for Site Inspections prior to Technical Approval and Legal Agreements

Testing Requirements

I/We undertake that the developer will meet all reasonable costed incurred by Oxfordshire County Council in the preparation of the agreement and, in the event of an agreement not being completed, to pay Oxfordshire County Council all reasonable expenses incurred in any abortive works

Signed______Print Name______

Company ______Date:______

Position in company______(Must have appropriate Authorisation)

Completed form to be returned to: Road Agreements Team, County Hall, New Road, Oxford OX1 1ND.

Detailed design submission requirements

Important Note – Starred items (*) must be supplied with initial submission. Failure to do so will result in the application being returned.

(Plans can be combined on size and complexity of scheme)

Supplied Y/N / Comments
1* / Copy of planning permission
2 / Copy of s106 agreement
3 * / Location Plan
4 * / S38 drawing identifying adoptable areas;
•On an OS Base and Grid
•Purple line representing the Highway Boundary (accurate boundary to be confirmed through OCCs Highway Records team)
•Red line around adoptable area and highway works
•Brown shading for roads
•Grey shading for footway
•Green shading for grass and landscaping
•Blue for highway drainage
•Easements to be coloured yellow
•Pink hatching for any works in existing highway (including Vision Splays)
5 * / General arrangement
6* / Land Registry title and plan
7 * / Highway longitudinal sections
8 * / Road Safety Audit 1 (with designer’s responses)
9 / Road Safety Audit 2 (with designer’s responses)
10 / Noise Survey (see attached)
11 * / Approved/submitted planning layout at 1:1250
12 / Approved landscape plan
13 / Signs and Lines with schedule
14 / Highway cross sections
15 / Swept path analysis
16 / Highway construction detail including drainage
17 / Geotechnical report
18 / Existing services plan
19 / Service layout drawing/ service diversions plan
20 / Drainage layout plan
21 / Drainage long sections
22 / Drainage calculations and schedule
23 / Surface Water Catchment Area Plan
24 / Manhole Schedule
25 / Soakaway Schedule
26 / Levels and contour
27 / Street lighting design or proposal (OCC can supply design for an additional fee)

SECTION 38 & 278 NOISE SURVEY

Background

It is becoming very common today that S278 and some S38 Agreements that affect the road network are having claims for compensation (following acceptance of the works by OCC) under The Land & Compensation Acts 1961 and 1973 and The Compulsory Purchase Act 1965. These claims will come from properties existing before commencement of works within 300m of the road works.

Actions

So that we can understand what properties are affected OCC require that the developer carries out an independent noise survey.

The results of the survey will be in text and a noise map based on Ordnance Survey Map (current) contoured to show 5dB (A) contours and 1dB (A) contours from 65dB (A) up to 68dB (A).

A separate map showing predicted noise contours will be provided at the same time. The predicted noise contours will derive from the DoT document - Calculation of Road Noise (1988).

The predicted noise contours will take into account the growth in traffic over life of the works and for 15 years after. The growth factor will be based on the National Road Traffic Forecasts (Great Britain) 1997 or update publication.

The prediction map will be used to determine the properties that will require work to reduce the noise affecting them.

Affected Properties List/Map

In some cases a noise survey will not be required, if there are no existing properties within 300m of the works (which in some cases is a point location or in some case a length of affected by the works or a new road passing existing properties). The noise expert employed by the Developer will be able to advice. If in the opinion of the noise expert no action or survey is required then this recommendation will in writing and passed to OCC.

Information Sheet for Site Inspections prior to Technical Approval and Legal Agreements

Section 38 and Private Street Agreements Only

OCC site inspectors will be prepared to inspect construction works sites on private land prior to Technical Approval and a Legal Agreement only if we receive written commitment that the developer is entering into a Legal Agreement and we have received a cheque for £1,500. This £1,500 will not be in addition to the 9% fee that OCC require.

We require notice for when inspections may be required and have a help sheet detailing key stages of inspection.

We reserve the right to cease inspections at any time if progress on the submission, Technical Audit or Legal Agreement is not satisfactory.

Any inspections that are carried out will be done so solely in respect to material quality, workmanship and adherence to OCCs Specification, but inspections do not supersede Technical Approval. We strongly advise works start after the Technical Approval Certificate has been issued as any works carried out prior to this, are done so entirely at the developers risk. In no way will works that have been carried out prematurely on site, influence the Technical Audit Process and thus overall Technical Approval. Any works carried out that do not meet the standard detailed on the drawings listed on the Technical Approval Certificate will need to be removed/ remediated at total cost to the developer.

Any reasonable inspection, admin and material testing fees that OCC request will be paid in full upon signing of the Legal Agreement or within 28days of being formally requested.

No works can start on the Highway without a Legal Agreement being in place. If a temporary access is required for purpose construction vehicles accessing private land to start works then the developer will need to follow standard procedure in gaining relevant permission to do so.

Requirements For Material Testing

Testing may be carried out through Oxfordshire County Council’s contracted suppliers at the request of the developer. NB - This service is only available to sites that have an agreement in place. Where there is no agreement in place the Developer is responsible for arranging testing.

In all cases testing must be carried out by an independent and UKAS accredited supplier. These credentials will be checked.

Our material testing regime essentially follows the requirements laid out in the Manual of Contract Documents for Highway Works (MCHW) and the Design Manual for Roads and Bridges (DMRB). A summary of our basic requirements is as follows.

Additional testing may be required by the inspecting officer.

As Dug Fill Material

If as-dug material is to be used for fill under adoptable areas, it should be classified in accordance with MHCW Series 600 table 6/1. This will determine any testing that needs to be carried out. Additional information sheet on as-dug material is available upon request.

CBR tests are required at carriageway formation level, at least every 30m, or as directed by the County Council Site Inspector.

Granular Material

For any imported granular material, we require a set of test certificates from the material supplier, to prove compliance with the granular material specification shown on the scheme drawings. These should be no older than 6 months before the date of delivery of the material to site. These tests will include results of frost susceptibility tests if used within 450mm of the final surface, Grading plastic Index, Los Angeles Coefficient, and Soundness. If a recycled material is proposed, please contact the undersigned or the County Council Site Inspector, who will advise if any additional testing is required.

An independent grading analysis should be carried out every 200 tonnes on Granular Sub-base Type 1 material that is delivered to site, directly from the stockpile on site. Compaction of sub-base material should be sufficient to achieve a minimum CBR of 30 and plate bearing tests should be carried out every 20m to prove this. If the material as-laid is deemed to be outside moisture content limits, we may require in-situ testing to prove its compliance.

Bituminous Materials

We require that each carriageway bituminous material is sampled every 50 tonnes and tested for compliance by grading and binder content analysis. There is a minimum requirement for two samples of each material per day irrespective of amount laid. These should be sampled from different loads, spaced well apart if possible. The area in which each load is laid should be recorded (road number and chainage start and end).

Delivery temperatures should be recorded for each load, along with rolling temperatures at 15m intervals.

We require copies of all GSB Type 1 and bituminous material delivery tickets, along with locations of where that material is laid.

Nuclear Density or similar approved testing should be carried out at 10m intervals in alternate wheel tracks for Base and Binder bituminous materials.

Other tests may be required, such as for, but not limited to, macro texture or surface regularity on surface course materials, if judged to be necessary by County Council Engineers or Site Inspectors to prove compliance with specification. We will advise the ground worker / developer if this is the case at the time.

All sampling and testing should be carried out by a UKAS accredited laboratory and the results of those tests passed to the County Council in a timely manner for review and evaluation.