HC Deb 15 April 1981 vol 3 cc191-2W
Mr. Wigley

asked the Secretary of State for Transport if he will take steps to amend the Highways Act 1980 in order to give local authorities the power, in circumstances where a developer of a new housing estate makes inadequate road provision, and where this is neither a section 38 agreement nor a bond deposited, to undertake the necessary work to make up the road to an acceptable standard, and to charge the developers the cost of so doing.

Mr. Kenneth Clarke

No. Where no section 38 agreements—normally supported by bonds—for the adoption of estate roads have been made, county councils—or district councils as their agents—in general have adequate powers, under the advance payments code, contained in part XI of the Highways Act 1980, to require developers to pay in advance the estimated street works charges relating to new housing development.