Section 278 Agreement Timescale

Here you can find information on agreements with the Secretary of State for Transportation under Section 278 of the Highways Act 1980. Conditions for the person to pay all or part of the cost of the work that can be fixed or fixed in accordance with the agreement. The agreement specifies the requirements of the local road authority and the proponent to ensure that the proposed work is carried out in accordance with the approved plans. It also explains how local road authorities can act if the developer is unable to complete the work. If you wish to modify existing highways, you need an agreement in accordance with Section 278 of the Highways Act or a simple agreement under Section 278. If you are building new roads and changing existing roads, including connecting new roads to an existing highway, you need a 278/38 hybrid section. 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 agreement between the motorway authority and the promoter is called the section 278 agreement and may allow elements such as: an agreement section 278 (or s278) to conclude a legal agreement with the Council (as road authority) to make lasting changes or improvements to a public highway. If the promoter does not make agreed payments or if the work is not carried out in accordance with the agreement, the motorway authority has the power to close access to the site. The procedure required to reach an agreement can take time and time, and it is therefore desirable to get in touch as soon as possible with the authority of the motorways. The document is prepared by the lawyer of the local highway authority and issued to the developer`s lawyer in the form of design. The details of the agreement will then be agreed before the final document is finalized and signed by both parties before the start of field work. 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. The development planning request generally defines the principles of the work required. The motorway authority cannot then refuse to enter into an agreement for the promoter to carry out the authorized work as long as the work complies with the appropriate standards. “A highway authority, if they have made sure it is beneficial to the public, can reach an agreement with any person – our online form will determine which license you need. For this to be possible, it will be necessary to have a topographical overview of the field of work. The survey should be provided in 2D and 3D format, with all relevant features. A high-quality topographical overview of the construction area is essential if the highway engineer is to create a precise design. A standard specification can be find here. Among the key elements that could be included in a standard agreement under Section 278 are also: the motorway authority will be either Highways England for the strategic road network in England or the local motorway authority. In addition to the road safety tests mentioned above, it is mandatory at each appropriate stage of planning and verification.

Section 278 of the Highways Act 1980 allows a developer to carry out work on the public highway. This is generally necessary when the building permit has been issued for a building requiring improvements or modifications on public highways.

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