Section 278 Agreement Planning

Highway infrastructure is often a critical component of any proposed new subdivision and these agreements, which are part of the Highway Act of 1980, are used to make modifications to an existing public highway. The need to conclude motorway agreements is often identified as a precondition or occupation in a Section 106 agreement or in the notice of decision. Guidelines for agreements with the Secretary of State for Transport pursuant to section 278 of the Highways Act 1980 can be found here. The development-related construction application usually defines the principles of the necessary work. The highway authority may not then refuse to enter into an agreement for the execution of the work approved by the proponent as long as the work complies with the corresponding standards. 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. In the latter case, the developer`s motorway engineer shall draw up the detailed planning in accordance with the applicable design standards and submit them to the local motorway authority for technical approval, under which they will be submitted to the local planning authority during the first phase of the design. • details of the building permit under which the work is carried out • a detailed timetable of the work to be carried out • information on the necessary deposit or guarantee • information on the persons who design or will manage the work, usually either by the local motorway authority or by a motorway consultancy engineer working on behalf of the developer. • A complete schedule of the costs of the work to be carried out by the promoter, with the administrative, design and inspection costs to be paid • the amounts of the shuttles for future maintenance. The agreement between the motorway authority and the developer is called a Section 278 agreement and can allow elements such as: An S278 agreement usually includes one or more of the following agreements: We have specific expertise in the activity of lessors and developers in sections 278 and 38 and we can help in the development of agreements. Review and negotiation of these documents.

We know that the completion of these agreements can often be time-bound, as they have a direct impact on the advancement of development, and we recognize the need for swift action. The approach of each local motorway authority to planning and acquiring works under a Section 278 agreement can vary considerably. The local motorway authority may insist that it carry out all aspects of the work and that it instruct the developer or authorise the motorway consulting engineer to carry out some or all of the works as a representative designated by the Authority. . . .

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