Section 278 Highways Act Agreement

Posted: April 12, 2021 in Uncategorized

Section 278 of the Highways Act 1980 allows a developer to carry out work on the public highway. This is generally necessary when the building permit has been issued for a building requiring improvements or modifications on public highways. An S278 agreement usually includes one or more of the following: Although the Board is involved throughout the discussion of the plans and their timing with the developers, ultimately the decision is to continue with a scheme and reach an agreement, that of the developer, and the Commission has no control over it. In Birmingham, we normally use s278 agreements to allow designers to employ a contractor in road construction and for that contractor to work on the existing public highway, as we, the motorway authority, would carry out work. The proponent is responsible for all aspects of the public highway work, from planning to monitoring the construction and ensuring that the work is completed to our satisfaction. The package may include highway work that will be carried out under an agreement under Section 278, drainage construction and earthworks. As a one-stop shop for several aspects of infrastructure, we can offer better coordination of work and minimize potential delays. If the promoter does not make agreed payments or if the work is not carried out in accordance with the agreement, the motorway authority has the power to close access to the site. Work usually begins within four to six weeks of the agreement being signed. Salvatore Amico, Partner and Head of Town – Country Planning, has this advice to offer: “These agreements require a thorough and detailed approach. The specifications of all highway works and the conditions associated with all links must be precise and precise. We always strive to protect the interests of our clients and to ensure that their commitments are clear, so that there is no room for disagreement at a later stage.

In addition, land ownership or title issues are also common features of these agreements and we provide them with the necessary expertise. Section 278 of the agreements is generally the local authority that authorizes the developer to carry out the proposed work. Sometimes the highway service does the work, or the developer can pay the highway service to do the job if it`s comfortable for the developer`s schedule. When a developer is required to carry out highway work in connection with its development, its development permit requires that it enter into a motorway agreement to carry out the work. The procedure required to reach an agreement can take time and time, and it is therefore desirable to get in touch as soon as possible with the authority of the motorways. A Section 278 (or S278) agreement is a section of Highway 1980 that allows developers to enter into a legal agreement with the Council (as a Highway Authority) to make permanent modifications or improvements to a public highway as part of a plan. The agreement specifies the requirements of the local road authority and the developer to ensure that the proposed work is carried out in accordance with the approved plans. It also explains how local road authorities can act if the developer is unable to complete the work. “A highway authority, once it has ensured that it will be useful to the public, can reach an agreement with a person – the design of the construction is defined at the design stage, including the type of crossing required to allow access to the public highway, as well as the proposed configuration of the inland roads. Once the building permit has been obtained, the local planning authority cannot refuse to enter into an agreement for the developer to carry out the necessary road works to facilitate their development, provided that all appropriate planning and safety standards are fully respected and respected.

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