Section 278 Agreement Planning
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. When the proponent gives the agreement to provide work instead of simply contributing to other work, they are, to the satisfaction of the Council, responsible for the organization of the work. Conditions for the person to pay all or part of the cost of the work that can be fixed or fixed in accordance with the agreement. The agreement specifies the requirements of the local road authority and the proponent 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. We have specific action expertise for owners and developers in sections 278 and 38 and can assist in the drafting, verification and negotiation of these documents. We know that there can often be time constraints in concluding these agreements, as they have a direct impact on development progress, and we recognize the need for rapid action. 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. If you are a commercial developer and you already have a building permit for a building requiring major public highway works, you may have to ask us for an agreement section 278. If you need an agreement under Section 278, your planning authorization contains the following clause: – the details of the building permit under which the work is carried out – A detailed schedule of the work to be carried out – details of the necessary commitment or safety – details of who will design or plan the work, usually either the local highway authority.
, i.e. an advisor working on behalf of the developer – a complete schedule of the costs of the work paid by the developer, along with the management, design and inspection costs – the details of the amounts paid for future maintenance. The document is prepared by the lawyer of the local highway authority and issued to the developer`s lawyer in the form of design. The details of the agreement will then be agreed before the final document is finalized and signed by both parties before the start of field work. Section 278 of the agreements is often concluded at the same time as Section 38 of the agreements. The latter allows developers to ask the road authority to adopt new roads created as part of a new development, as well as associated infrastructure, such as sewers and lighting. Adoption means that road authorities agree to take over maintenance from a set date. The building permit usually contains an indication of all roads that must be accepted.