Section S278 Agreement

6 10 2021

If the proponent submits the agreement to provide work, rather than contributing to the continuation of the work, it is responsible for organizing the work to the satisfaction of the council. The document is drafted by the Local Highway Authority`s lawyer and delivered to the developer`s lawyer in design form. The details of the agreement will then be agreed before the final document is finalized and signed by both parties before work begins on site. A Section 278 (or s278) agreement is a section of the Highways Act 1980 that allows developers to enter into a legal agreement with the Council (in our capacity as road authority) to make permanent modifications or improvements to a public highway as part of a planning permission. Although the Council is constantly involved in the discussion of projects and their timing with the developers, the final decision to proceed with a scheme and enter into an agreement rests with the developers and the Council has no control over this. provided that the person pays all or part of the cost of the work that can be determined or determined in accordance with the agreement. The agreement sets out the requirements of the local motorway authority and the developer to ensure that the proposed work is carried out in accordance with the approved drawings. It is also described how the local Highway Authority can act if the developer does not complete the work. In order to make these improvements, the contracting authority must obtain the authorisation of the detailed planning of the works from the motorway authority and conclude an agreement defining the manner in which the works are to be carried out. An S278 contract is often used to allow development access to the existing road network. However, it can also be used to improve the motorway network, which is necessary as a result of development, or to contribute to future work on the wider motorway network. For cases where a highway system requires developers to offer land under their control to be considered a highway, please read section 38 agreements.

Typically, Section 278 agreements are the local authority that authorizes the developer to perform the proposed work. Sometimes the highway authority does the work, or the developer can pay the highway administration to do the work if it suits the developer`s schedule. In Birmingham, we normally use s278 agreements to allow developers to employ a road contractor and for that contractor to work on the existing public motorway in the same way as if we, the motorway, were carrying out work. The client is responsible for all aspects of the work on the public road, from the design to the supervision of the construction and the guarantee that the work will be completed to our satisfaction. Guidelines for agreements with the Secretary of State for Transport pursuant to section 278 of the Highways Act 1980 can be found here. The agreement between the motorway authority and the developer is called a Section 278 agreement and may allow that, if the proposed works concern the “strategic road network”, which is under the control of Highways England and not the local authority, the S278 agreement must be concluded with the Secretary of State for Transport. “A motorway authority may, if it is satisfied that it is useful to the public, enter into an agreement with any person – An S278 agreement usually includes one or more of the following: Work usually begins within four to six weeks of the signing of the agreement. .

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