Highway agreement copies
Requesting a copy of an existing highway agreement
Developers and landowners enter into highway agreements regarding highway works associated with new developments.
Highway agreements are registered with the relevant district, borough, city council or Land Registry and where applicable, are revealed as part of Land Charge searches.
- Types of highway agreements
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- Section 38 - Power of highway authorities to adopt by agreement - Highways Act 1980
- Section 106 - Planning obligations - Town and County Planning Act 1990
- Section 278 - Agreements as to execution of works - Highways Act 1980
- Section 33 - Enforceability by local authorities of certain covenants relating to land - Miscellaneous Provisions Act 1982
- Other - May include, dedications, conveyances and easements
- What we can provide
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Upon receipt of payment, an electronic copy of the highway agreement(s) in relation to a specific property or site, to which Hampshire County Council is a signatory will be provided by email.
Highway agreements revealed in Land Charge searches should include the name of the involved parties (signatories).
- What we are unable to provide
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Documents to which Hampshire County Council is not a signatory, such as planning documents and other 3rd party agreements.
- Timescales
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The target response time is 15 working days. If it is necessary to seek clarification regarding details of the highway agreement(s) from the applicant, it may take longer to provide the copy.
- Charges
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From 1 July 2022, VAT is being added to our charge for this service.
- For each application for an electronic copy of the agreement(s)
- £92
- + VAT
If you would like to cancel your application after submission, you may not be entitled to a full refund if work has already commenced to process it.
- Before you apply
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Have the following information relating to the agreement you are requesting available when you complete the application form:
- Title of the agreement (site name e.g. land south of London Road)
- Type of agreement (e.g. Section 38, Section 106, Section 278, etc)
- Date of the agreement
- Name of the developer
- Names of involved parties
If the agreement has been revealed through a Land Charge search, this information will have been included in the result of the search. Providing accurate information will assist Hampshire County Council in locating the relevant agreement. Should Hampshire County Council need to contact you to clarify information, this could lead to a delay in providing the agreement copies.
Where possible, upload the extract from the local authority search or Land Registry title which references the agreement, as this will also help us locate the relevant document.
- Highway agreement compliance
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If you wish to check whether the terms of a highway agreement have been complied with, apply via the Highway Agreement Compliance form.
- Apply
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If you are happy that you understand the charges and what you will receive