Section 278 Agreement Example

· By Bkkgraff · 2 weeks ago

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 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. “A motorway authority may, if it is satisfied that it is useful to the public, enter into an agreement with each person – The development-related construction application will usually define 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. The agreement between the motorway authority and the developer is called “Section 278 Agreement” and may authorize: the agreement describes the requirements of the Local Highway 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. 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. For cases where a highway system requires developers to offer land under their control to be considered a highway, please read section 38 agreements. If the developer does not make agreed payments or if the work is not carried out in accordance with the contract, the motorway authority is empowered to close access to the site. When the developer carries out the work, a bond may be required to cover the motorway authority against the possibility that the developer will not properly complete the work, for example. B if they become insolvent. The loan is released gradually until a twelve-month maintenance phase has elapsed after the completion of the work.

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. However, highway improvement work on roads controlled by the Local Highway Authority normally follows the following guidelines, and section 278 of the Highway Act 1980 applies where: “Prior to the commencement of development, the terms of the development shall be provided to the local planning authority and approved in writing to ensure the following highway improvement works.”; In addition to the works themselves, the promoter may be required to bear the resulting costs with: To enable the above works, a topographical study of the field of work is necessary. The survey must be studied in 2D and 3D with all relevant characteristics. High-quality topographic measurement of the development site is indispensable if the highway engineer is to create an accurate design.. . . .

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