278 Agreements

In Birmingham, we normally use s278 agreements to allow designers to employ a contractor in road construction and for that contractor to work on the existing public highway, as we, the motorway authority, would carry out work. The proponent is responsible for all aspects of the public highway work, from planning to monitoring the construction and ensuring that the work is completed to our satisfaction. Here you can find information on agreements with the Secretary of State for Transportation under Section 278 of the Highways Act 1980. Highway infrastructure is often a critical element of any proposed new residential construction and these agreements, which are part of the Highways Act of 1980, are used to make modifications to an existing public highway. The need for motorway agreements is often identified in an agreement provided for in point 106 or in the notice of decision as a precondition for pre-work or the profession. Section 278 of the agreements is generally the local authority that authorizes the developer to carry out the proposed work. Sometimes the highway service does the work, or the developer can pay the highway service to do the job if it`s comfortable for the developer`s schedule. As a general rule, these legally binding agreements relate to infrastructure projects that allow access to a construction zone, such as roundabouts, marked intersections, right-hand turn lanes, new pedestrian crossings or priority intersections. They can also cover power diversions, drainage systems and public lighting. Salvatore Amico, Partner and Head of Town – Country Planning, has this advice to offer: “These agreements require a thorough and detailed approach. The specifications of all highway works and the conditions associated with all links must be precise and precise. We always strive to protect the interests of our clients and to ensure that their commitments are clear, so that there is no room for disagreement at a later stage.

In addition, land ownership or title issues are also common features of these agreements and we provide them with the necessary expertise. 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. In cases where a highway system requires real estate developers to set up land under their control to accept it as public highways, please refer to Section 38 of the agreements. The proponent is responsible for the cost of the work, including items such as design, legal and management costs, land acquisition and maintenance. Although the Board is involved throughout the discussion of the plans and their timing with the developers, the final decision is to continue with a scheme and reach an agreement, that of the developer, and the Board has no control over it. . The motorway authority will be either Highways England for the strategic road network in England or the local motorway authority. . In order for the work to be carried out in an indelicate location, the city council can also give its consent to the developer who carries out the work on their behalf.

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