Development control fees - section 38 and section 278

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

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

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