What Is A Section 278 Highways Agreement

If the proposed infrastructure requires routine maintenance, the agreement procedure provides for the guarantee of a re-pending amount for the financing of the work. An S278 agreement generally includes one or more of the following: In cases where a highway system requires real estate developers to offer narical land to be admitted as a public highway, please consult the Section 38 agreements. Section 278 is the part of Highway 1980 that allows a motorway authority to reach an agreement with a third party regarding improvements to the existing public highway. In our region, the relevant road authorities are usually the Cornwall Council, but work on the A30 or A38 must be approved by Highways England, which acts on behalf of the Transport Minister. A Section 278 (or S278) agreement is a section of Highway 1980 that allows developers to enter into a legal agreement with the Council (as a Highway Authority) to make permanent modifications or improvements to a public highway as part of a plan. The provision of new roads and pedestrian pathways (together called “highways” in this practical note) is a common feature of many developments. Similarly, many developments require modifications or improvements to existing roads and footpaths. In some cases, the construction of new highways or changes to existing highway infrastructure may even be a prerequisite for the construction of a building permit. See the practical note: Planning conditions – important points. 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. The package may include highway work that will be carried out under an agreement under Section 278, drainage construction and earthworks.

As a one-stop shop for several aspects of infrastructure, we can offer better coordination of work and minimize potential delays. “A highway authority, if it is satisfied that it will be useful to the public, can reach an agreement with a person – in order to obtain these improvements, the proponent must obtain permission from the highway authority for detailed planning of the work and conclude an agreement defining how the work must be delivered. An S278 contract is used for a long time to enable the development of the existing road network.

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