What Is A Section 278 Agreement Definition

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. 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. 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. 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. “A highway authority, when satisfied that it will be useful to the public, can reach an agreement with a person – these legally binding agreements generally include infrastructure projects that allow access to a construction zone, such as roundabouts, marked intersections, right-hand turns, new pedestrian crossings or priority intersections. They can also cover power diversions, drainage systems and public lighting. However, it is more usual for the developer to mandate an experienced developer in S278 plants, such as FACE, to effect the highway changes, as if it were the authority itself that did so. An offence is committed when work is carried out on a public highway without a Section 278 agreement.

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 agreement specifies the requirements of the local road authority and the developer 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. 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. 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. The agreement between the motorway authority and the promoter is called the Section 278 agreement, and it can be considered: if the proposed works concern the “strategic road network”, which is the control of Motorways England and not the local authority, the S278 agreement must instead be concluded with the Minister of Transport.

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