Development control fees - section 38 and section 278

Transport and roads Roads and traffic Transport development management Planning and highways agreements

Fees for assessment and inspection of new street works and improvement works are the following maximum rates.

Section 38

Fees are 8.5% of total estimated cost of work based upon the highway authority's current schedule of rates for new estate streets.

All section 38 agreements anticipate that developer works will be completed within 2 years.

  • in the event that works associated with a Section 38 Agreement have not been completed within 2 years then a further fee of 4.5% should be levied to cover inspection and administration between years 2 and 4
  • if incomplete after 4 years – levy a further charge of 4.5%
  • if incomplete after 6 years – call in the bond and complete the works using the bond sum
  • where agreements have not previously been extended at the end of 2 years we will seek the reasonable reimbursement of any additional costs we may have incurred with reference to the council schedule of fees and charges
  • that in the event the developers ongoing development works cause damage to highways already adopted and maintained by us and within the development, we take action to recover the costs of correcting the damage under Section 59 of the Highways Act 1980 – recovery of expenses due to extraordinary traffic

Section 278

Fees are on a sliding scale based upon the total estimated cost of work.

Table showing total estimated cost of work

| Estimated cost of work | Fee | | --- | --- | | Less than £1,000 | £300 | | Less than £5,000 | £1,200 | | Less than £10,000 | £1,800 | | £10,000 to £200,000 | £1,800 plus 11% of estimate - £10,000 | | £200,000 to £500,000 | £22,700 plus 9% of the estimate - £200,000 | | £500,000 to £750,000 | £49,700 plus 7% of the estimate - £500,000 | | £750,000 to £1 million | £67,200 plus 5% of the estimate - £750,000 | | £1 million to £2 million | £79,700 plus 4% of the estimate - £1 million | | over £2 million | £119,700 plus 2% of the estimate - £2 million |

Examples:

  • total estimated cost of works £79,000
  • first £10,000 charged at £1,800 the remainder (£69,000) charged at 11% = £7,590 total cost of fee: £9,390

  • total estimated cost of works £450,000
  • first £10,000 charged at £1,800 next £190,000 charged at 11% = £20,900 the remainder (£250,000) charged at 9% = £22,500 total cost of fee: £45,200