What Is a Section 228 Agreement
There are a number of points to consider if the process of adopting section 228 is to be followed. Once the motorway works are completed, a separate process will be carried out for all Article 228 work (whether or not it has been carried out in conjunction with the Article 38/278 work) in order to proceed with its adoption. At the end of the work, the local road traffic authority must publish a notice declaring its intention to resume work as part of the public highway. If there are no objections within one month, the work will be part of the highway. If there are objections, the case may have to be resolved by the court of first instance. Unregistered land owned by unknown owners can be a headache to develop, and the scale of the problem often depends on what the land is needed for. It is unusual for section 228 work to be done in isolation. Instead, acceptance in this way is usually obtained by performing the work in connection with the work under Article 38 and/or Article 278 so that they can all be covered by a legal agreement. In this way, the road traffic authority can be sure that it is satisfied with the design and has sufficient inspection rights to ensure that all work is carried out to acceptable standards. Acceptance through the section 228 process involves a commercial risk, as significant work is required before a proponent can know with certainty that the acceptance will be approved. However, if there is no known owner of the land, objections are unlikely, and this can prove to be a very effective way to get around an otherwise insurmountable problem.
If the land is not already used as a highway, the usual way to assume is that the landowner enters into an agreement with the Road Traffic Authority to dedicate the land as a road under section 38 of the Roads Act 1980. However, if there is no known owner, it is impossible, but section 228 of the Highways Act of 1980 offers an option to solve this problem. This section authorizes a motorway authority to carry out road works on a private road. It is important to note that this is the adoption of work on an existing private road, although in practice this can be overcome by creating a private road by carrying out the work. What are the rights to cross the highway, what repair and maintenance obligations apply to the use of the highway, can they be applied and against whom, can services be moved to the highway, is the highway accepted and is it immediately on the edge of a development project? Is the adjacent road adopted for development land or registered land? If neither of the viae middle filum rule could apply, the rebuttable presumption that a landowner adjacent to a private highway applies in the middle of the highway if there is no evidence to the contrary. These are just some of the first questions to consider. The authority will then take control of the highway once the process is complete. With new developments, it is important to remember that such agreements are personal to the developer and therefore all downstream land sale agreements must include the contractual obligations necessary for acceptance, as the owners rely on the developer and the road authority to agree that the road will be properly completed and accepted. Highways can be created by “yielding”. The Highways Act 1980 provides for a legal procedure that can be followed (see below) but also provides for “dedicatory” provisions (section 31) where, if it can be demonstrated that there has been 20 years of uninterrupted “legal” use by the landowner, the motorway is considered “dedicated” (see also the R case (at the request of Godmanchester City Council) v Secretary of State for the Environment, Food and Rural Affairs (et al.)  UKHL.) There are also other provisions contained in the provisions of the Countryside and Rights of Way Act 2000 and the Natural Environment and Rural Communities Act 2006. The most common way to adopt a motorway is to use the section 38 Highways Act 1980. A developer enters into an agreement with the local authority for: Development agreements often require developers to build roads to “acceptable standards”.
The “Road Manual” published by the DoT contains the relevant guidelines, but each road to choose must meet the required standard approved by the Road Traffic Authority. The manual specifies the minimum system requirements for the width. Other considerations apply – it is necessary to determine whether the edge should be adopted, whether existing underground services are public or private, what are the physical boundaries that mark the exact extent of the highway (e.B. fences or hedges and ditches), etc. Once passed, the Highways Authority has a general maintenance obligation under section 41 highways Act 1980. The road traffic authority must maintain the road in all circumstances and is responsible for bodily injury or damage resulting from non-compliance. Section 228 of the Delaware General Corporation Law describes some of the rights of a company`s shareholders. Section 228 is also referred to as “action by written consent of shareholders or members” or “approval of shareholders or members in lieu of the meeting.” Section 228 of the Roads Act 1980 provides a useful tool for developers who wish to take over an existing road as part of new development work.
Conditions apply, but once a notification has been notified by the competent road authority, if there are no objections from the landowners concerned within 1 month of the issuance of the notice, the road will become an accepted motorway. “I love the service. It is a great time saver, very convenient, very relevant and very up-to-date. The best new legal resource I`ve come across in a long time. And it`s free! Please continue to provide it. Developer Checklist Download our developer checklist here Sometimes a company may enter regulations that prohibit the use of written consent. As a general rule, this type of legal provision has no effect, since § 228 very specifically allows written consent, unless otherwise specified in the constituting act. Companies may wish to include this type of provision because they recognize that the ability of shareholders to act with written consent may make them vulnerable to obtaining the consent of an activist shareholder. The term “highway” has no specific legal definition. The Highways Act of 1980 suggests that a road is “all or part of the road, except a ferry or waterway.” Instead, the common law rules of interpretation apply through case law. It is generally accepted that a road is defined as a trail by which the public has rights of way, but defining the exact extent of a road and therefore its ownership is crucial for developers, landowners and local authorities. Once a highway is “dedicated”, the public can use it at any time and for free.
The actual ownership of the property is not affected, but the dedication creates a right to use the surface. Section 263 Highways Act 1980 transmits the surface of the motorway and the required amount of airspace above and below ground (described as the “ordinary use area” in London Borough of Southwark v Transport for London  UKSC 63 for the power to perform its statutory functions). Lord Denning also described the depth of the highway as the “2 main skewers” in Tithe Redemption Commission v Runcorn  1 All ER 653. Any new development must ultimately have adequate access and maintenance rights to the nearest public road. It sounds simple, but it`s one of the most common problems faced by new and existing developments. If you need help with Section 228 of the Delaware General Companies Act, you can publish your legal needs in the UpCounsel marketplace. UpCounsel only accepts the top 5% of lawyers on its website. UpCounsel`s lawyers come from law schools such as Harvard Law and Yale Law and have an average of 14 years of legal experience, including working with or on behalf of companies such as Google, Menlo Ventures and Airbnb. Formal “acceptance” of a road is the process by which the state or public authority assumes responsibility for the maintenance and repair of a road. Various bodies may include the competent motorway authority, e.B. Secretary of State for Transport, County or Metropolitan Borough Councils, Transport for London.
â¢ Build the road and then dedicate it as a highway; â¢ Maintenance of the road for 12 months after completion and treatment of defects; ¢ Make a financial contribution and/or incur a financial obligation. The Regulation also applies to consents given by means of a form of electronic transmission […].