Section 278 Agreement Precedent

For cases where a highway system requires developers to offer land under their control to be considered a highway, please read section 38 agreements. 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. 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. “A motorway authority may, if it is satisfied that it is beneficial to the public, enter into an agreement with any person – as a general rule, the developer intends that such new and/or modified motorways will be accepted and maintained by the local motorway authority (LHA) once such works are completed. As a result, highways act 1980 agreements – in particular sections 38 and 278 in this context – are generally concluded between the LHA and the developer in order to ensure the delivery of the necessary motorway works or agreed according to the required 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. 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 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. . Please note that some of these documents are for information purposes only and therefore cannot be printed or edited. If you need more information about the information below, please send an email to highways-estates@cornwall.gov.uk. The degree of detail required for technical approval depends on the extent and complexity of the scheme, but detailed design drawings at a scale of 1:500/1:200 are usually required and normally include the following: the Section 278 agreement is a legally binding document between the Local Highway Authority and the developer to ensure that the work to be carried out on the motorway according to the standards and satisfaction of the local motorway is closed. Authority. The following Construction Practice Notice provides comprehensive and up-to-date legal information on the following topics: The General Terms and Conditions of Sale (SCS), currently in its 5th edition (2018 revision), are a set of standard conditions that are generally included in housing sale contracts. The Commercial Property Conditions Standard (Third Edition – Revision 2018) (SCPC) are used, if a thorough APC loan is required, please contact the agent described in the APC press release. To view the latest version of this document and thousands of other documents, log in to LexisPSL or sign up for a free trial…

To view our latest legal content, log in to Lexis®PSL or sign up for a free trial…