PART 3STREETS
Agreements with highway authorities
18.—(1) A relevant highway authority and the undertaker may enter into agreements in relation to the authorised development with respect to—
(a)the construction or maintenance of any new highway including any structure carrying the highway whether or not over or under any part of the authorised development;
(b)the strengthening, improvement, repair or reconstruction of any highway under the powers conferred by this Order;
(c)the maintenance of landscaping within a highway constructed;
(d)the maintenance of highway related assets which fall outside of the extent of highways maintained by a relevant highway authority;
(e)the carrying out in the street of any of the works referred to in article 10(1) (street works) or their maintenance;
(f)the alteration of any street further to article 11(1) or (2) (power to alter layout, etc, of streets); or
(g)such other works as the parties may agree.
(2) Such an agreement may, without limitation on the scope of paragraph (1)—
(a)make provision for the relevant highway authority to carry out any function under this Order which relates to the street in question;
(b)include an agreement between the undertaker and relevant highway authority specifying a reasonable time for completion of the works;
(c)provide for the dedication of any new street as public highway further to section 38(1) of the 1980 Act;
(d)contain such terms as to payment as the parties consider appropriate; and
(e)contain such other terms as the parties may agree between them.
Section 38 was amended by Schedule 17 to the Local Government Act 1985 (c. 51), section 22 of the New Roads and Street Works Act 1991 (c. 22) and paragraph 19 of Schedule 1 to the Infrastructure Act 2015 (c. 7).