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. 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. The agreement between the motorway authority and the promoter is referred to as the section 278 agreement, and it can allow . B: in cases where a motorway system requires developers to propose land within their control to accept them as public highways, see section 38 agreements. 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. Work usually begins within four to six weeks of the agreement being signed. The time required to reach such an agreement should be long and the applicant should take this into account when programming his works. As a general rule, the proponent intends that once this work is completed, these new and/or modified highways will be taken over and maintained by the local motorway authority (LHA). As a result, the agreements concluded under Highway 1980 – particularly in this context, Sections 38 and 278 – are generally concluded between the LHA and the proponent to ensure the delivery of necessary or agreed-upon highway work to the necessary standards.
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 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 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. Here you can find information on agreements with the Secretary of State for Transportation under Section 278 of the Highways Act 1980. An agreement S278 applies to road works required by public highway development. As a motorway authority, we give permission for all work on the motorway.
Work can only begin once the Section 278 agreement has been concluded. An S278 agreement usually contains one or more of the following: Although the Commission participates in the discussion with the developers throughout the discussion with the developers and their date, ultimately the decision is to continue with a scheme and reach an agreement, that of the developer, and the Commission has no control over it. To obtain these improvements, the proponent must obtain permission from the highway authority for detailed work planning and reach an agreement defining how the work is to be delivered.