CITY OF DONCASTER COUNCIL

DIRECTORATE OF ECONOMY AND ENVIRONMENT

HIGHWAY ACT 1980 SECTION 38 AGREEMENT

DEVELOPMENT AT: ………………………………………………………………………………………….

Name and Address of Developer

(Including company registration No.)

Contact name, telephone number and email

address

Planning application reference and decision

date

Name and address of Owner

(if different from Developer)

Please include contact name, telephone

number and email address

Name and Address of Bondsman If applicable

Bond Amount To be confirmed

Inspection Fee (6.5%) (excluding street To be confirmed

lighting costs)

Plan/Drawing Number(s) To be confirmed

Name and phase/stage of Development:

Name and Address of Solicitor acting for

Developer
(Contact details to include telephone number
and email address)

Signature: Print Name:

Position:
(Person authorised to sign on behalf of the Developer)

Date:

Terms and Conditions

By signing this application form, you agree to be bound by the following terms and conditions (“Terms”). If you have
any queries about the application or these terms, you may contact the relevant highway officer of the Council.

1. This application is made by you with a view to enter into a Section 38 Agreement (“Agreement”) under the
Highways Act 1980 to carry out works to create a proposed public highway.
2. You will be responsible for all aspects of the works on the proposed public highway from design through to
adoption as a public highway.
3. The developer will be required to pay fees to cover the costs of approving the drawings, specification and site
inspections. The value of the upfront fee for residential road are based on the number of properties:

 0 to 25 - £2,000.00
 26 to 100 - £4,000.00
 101 to 250 - £7,000.00
 251 and over - £10,000.00

This amount will be deducted from the final fee and is non-refundable should the agreement not be signed
4. The Council shall reserve the right to inspect any works to ensure that they are constructed in accordance
with any agreed specifications. 
5. You will be liable to pay any relevant costs borne by the Council for the inspection and/supervision of any
works and any legal costs incurred under these Terms regardless of whether an Agreement has been signed.
You also agree that you shall reimburse the Council for any reasonably incurred abortive costs that have been
incurred should the Agreement not be completed.
6. The Initial Payment due under these Terms shall be invoiced to you upon receipt of this application form by
the Council and the fees must be paid no later than the date shown on the invoice.
7. These Terms (as amended from time to time) shall constitute the entire agreement between you and the
Council up until the Agreement is signed by both parties.
8. The Council reserves the right to update these Terms from time to time. If it does so, the updated version will
be effective immediately.

If you have any questions or queries regarding this application please contact Malcolm Lucas on 01302
735110. Malcolm.lucas@doncaster.gov.uk