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highway section 38 Agreement

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  • highway section 38 Agreement

    I am in the process of buying a new property and the site has a section 38 Agreement with a bond between the developers abs the council in relation to the road being adopted by the council. The houses have been up for over 5 years and the council have signed off the highway for quality but there is a drainage issue preventing them from adopting the street. The issue is that the houses were built on a quarry site and the water runs off the cliff face. The council are saying that they may need everyone to get drainage in their rear gardens before adopting the street. Is this correct because surely someone from the council who is clerk or inspector of the buildings should have seen this issue? Where do I stand if the council insist on this drainage being put in place and who is responsible for the cost as alot of the residents would have to dig up their back gardens etc and they have spent a considerable amount of money on them? What if one person in the street refuses does that mean the street won't be adopted?

    Any advice would be appreciated! Thanks