Section 184 Agreement

 

Section 184 Agreement

A developer will be required to enter into a Section 184 Agreement for the construction of, or alterations to, any site access or accesses where these are the only highway works required to be executed to enable the development or if they need to be constructed in advance of the main works under a Section 38 or 278 Agreement.

In some instances the scope of a Section 184 Agreement may be extended to cover additional minor works such as relaying a short length of kerbing either side of a new access, re-positioning a road gully, or for the provision of a street light to illuminate an access.

Section 38 clauses may be incorporated into a Section 184 Agreement where the developer is dedicating land as public highway in connection with the works such as providing visibility splays where it is desirable that these are contained wholly within the highway.

The Local Highway Authority will carry out technical approval of the developer’s design and inspection of the works for all Section 184 Agreements.

Appropriate fees will be payable to the Local Highway Authority for the administration of the agreement, legal services, technical approval, site inspections and issue of certificates. The developer is usually required to deposit a secured bond or cash with the Highway Authority of up to 150% of the value of the highway works.

The developer may also be required to pay a commuted sum to enable the Highway Authority to adequately maintain the works after completion, this can be for a period from 10 years up to 25 years.

A Section 184 Agreement is appropriate where a developer intends to construct or alter any site access or accesses to the public highway of a higher specification than a simple dropped footway or verge crossing - i.e. generally bell mouth junctions or heavy duty industrial types of access - and such works constitute the only works required within the highway to enable a development.

Section 184 - which falls within Part IX of the Highways Act 1980, Lawful and Unlawful Interference with Highways and Streets - does not provide for the formal entering into of agreements between a developer and Highway Authority. Therefore, an agreement under this section is formulated having regard to the following:-

Subsection 3 provides for the Authority to serve notice on the owner or occupier of land to be developed in accordance with a planning consent, stating that it proposes to execute works for the construction or alteration of any crossing over a kerbed footway or a verge as an access for mechanically propelled vehicles to or from the public highway to serve the development.

Subsection 7 provides for the Authority to recover from the owner or occupier all expenses it reasonably incurs in executing such works.

Subsection 9, however, provides for any person named in a notice to offer to execute the works themselves in accordance with plans approved by the Authority but, in the event of he or she failing to comply with their offer, then

Subsection 10 provides for the Authority to execute the works and recover all expenses it reasonably incurs in doing so.

The purpose of a Section 184 Agreement is, therefore, to rationalise the process in as much that, amongst other procedural matters, the Authority agrees not to serve notice and the Developer agrees to execute the works in accordance with his or her plans which the Authority approves. The Developer also makes a financial provision for the Authority to complete the works in the event of his or her failure to do so.


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Swept Path Analysis and Visibility Drawing incorporated into a Technical Note, Proposed Residential Dwelling, Colchester.

Planning permission approved finally, I am certain it was your input when you asked for the refusal to be put into writing so it can go to appeal… well done & thank you again. Nicholas Perks, Wyvern Building

Highway Statement, Proposed Residential Development, Stockport

Just want to pass on my thanks and appreciation. Your knowledge and speed at looking at the issues were incurred was superb. Hopefully we’ll have the pleasure of working together in the future. Craig Ashton, Managing Director, CPA Bespoke Joinery Ltd.

Transport Assessment, Proposed Residential Development (170 dwellings), Essex

This report is of the highest quality and detail and draws the conclusions we had hoped to see. Thanks to you and the team for this, we will certainly be using Sanderson Associates on future projects. Tom Helliwell, Managing Director, Class Q Ltd

Speed Survey, Proposed Private Residential Development – Testimonial

Thank you so much for your fast and efficient service, the speed survey was conducted efficiently and the report given has really helped our planning application process with highways moving forward. Communication from yourselves was also fantastic and swift. Would most definitely recommend you to everyone. Much appreciated! Ismail Chopdat (Private Individual)

Access Feasibility Study, Proposed Private Residential Development – Testimonial

I have recently worked on a project with Karen and Ashley at Sanderson’s and they were extremely helpful, professional and worked to my extremely tight deadline. I have no hesitation in recommending this company their attention to detail and professionalism was much appreciated. Rosie Marsh (Private Individual)

Analysis of Speed Survey and Swept Path Analysis

Brett and the Sanderson’s team were invaluable to us in obtaining highways consent which in part cleared the way for our planning application to be approved. They provided a proactive professional and personable approach to satisfy and fulfil the Cambridgeshire highways requirements. We recommend them and will use them again. Daykin Waters Waters Developments

Stage 2 Road Safety Audit, Residential, Staffordshire

Sanderson Associates were the successful bidder for carrying out a Stage 2 Road Safety Audit on behalf of TSP Projects. Their team were committed to the tight programme, and not only did they undertake the audit and agree terms and conditions in a short space of time they were receptive and flexible with planning the […]

Construction Traffic Management Plan

Sanderson Associates have been very helpful for us and our clients. They proved efficiency and competitive pricing. Thank you for your services. Andreea Raicu, Architect, Tang & Associates Ltd

Flood Risk Assessment, Testimonial, Industrial Development, Sheffield

Sanderson’s were a great in helping us with our planning application for a new material silo at our manufacturing base in Sheffield. Darren was efficient and swift in his discussions with the council on the need for a flood risk assessment on the site. Darren’s knowledge of the site and surrounding area and consequent discussions […]

Travel Plan

We have worked with Ashley, found the service very professional, efficient and cost-effective. We received the surveys and reports on time and were kept fully appraised with everything, excellent service all round. Recommend using Sanderson again in the future. Thank you, Al Ihsan Trust

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Section 184 Agreement, Highway Works
Development, Kerbed, Local Highway Authority
Bell mouth Junction, Highways Act 1980
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