S278 Agreement Guidance

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. The procedure necessary to reach an agreement can take time and time and it is therefore desirable to start an interview with the motorway authority as soon as possible as part of the project. 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. 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. 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. Guidelines for agreements with the Secretary of State for Transport under section 278 of the Highways Act 1980 can be found here. For cases where a highway system requires developers to offer land under their control to be considered a highway, please read section 38 agreements. Motorway improvement works on roads controlled by the Local Highway Authority normally follow the following guidelines and section 278 of the Highways Act 1980 applies where: inspections of the improvement works defined in the agreement throughout the duration of construction up to and including acceptance. The agreement sets out the requirements of the local motorway authority and the developer to ensure that the proposed works are 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. All administrative work (but not the Council`s legal costs) related to the agreement, including the first instructions, as well as the adoption of the work and the updating of the Council`s databases. A traffic management contribution in the amount of £10,000 must be filed with the Commission prior to the signing of the agreement, in accordance with section 278. This includes any work to set up or secure a traffic management for which we have not been able to contact the developer or its subcontractors to secure the area within 2 hours. 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 motorway as part of a planning authorisation. . . .

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