Section 8 Agreement of the Highways Act: What You Need to Know
If you are a developer or property owner looking to build or make alterations to a property that may encroach onto public land, then you need to be familiar with Section 8 agreements under the Highways Act. Section 8 agreements are legal agreements between landowners and the local authority that allow developers to access public highways and build structures that may impact the public right of way.
What is a Section 8 agreement?
A Section 8 agreement is a legal document that gives a developer or landowner the authority to access public land and build structures, such as driveways or footpaths. These agreements are made under Section 8 of the Highways Act 1980, which governs the rights and responsibilities of developers and landowners in relation to public highways.
The purpose of a Section 8 agreement is to allow developers to build on or alter public land in a way that doesn`t interfere with the public`s right to use the land as well. This means that a Section 8 agreement must ensure that any structure built on the public right of way doesn`t impede access or cause any safety hazards.
What are the requirements for a Section 8 agreement?
For a Section 8 agreement to be granted, the following requirements need to be met:
1. The development or alteration must not impact the safety, accessibility, or use of the public right of way.
2. The developer or landowner must obtain the necessary planning permission before entering into a Section 8 agreement.
3. The local authority must be satisfied that the proposed structure or alteration is in the public interest and adds value to the local community.
4. The developer or landowner must pay any compensation or fees required by the local authority for the use of public land.
Why is a Section 8 agreement important for developers?
A Section 8 agreement is essential for developers who want to build or alter a property that may impact public land. Without a Section 8 agreement, a developer may face legal action for trespassing or unauthorized use of public land. Additionally, a developer may face liability issues if the structure they build causes any harm to the public.
Conclusion
In conclusion, Section 8 agreements under the Highways Act are crucial for any developer or landowner looking to build or alter a property that may encroach onto public land. These agreements ensure that any structure built on the public right of way doesn`t interfere with the public`s right to use the land safely. As a developer or landowner, it is essential to work with the local authority and obtain a Section 8 agreement before starting any construction work on public land.