278 Agreements

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. Salvatore Amico, Partner and Head of City and Country Planning, has this advice: “These agreements require a thorough and detailed approach. The specifications of motorway works and the conditions related to all links must be precise and precise. We always strive to protect the interests of our clients and ensure that their commitments are clear, so that there is no room for disagreements at a later stage. In addition, land ownership or ownership issues are also common features of these agreements, and we offer the necessary know-how to manage them.¬†Guidelines for agreements with the Secretary of State for Transport under section 278 of the Highways Act 1980 can be found here. Highway infrastructure is often a critical component of any proposed new subdivision and these agreements, which are part of the Highway Act of 1980, are used to make modifications to an existing public highway. The need to conclude motorway agreements is often identified as a precondition or occupation in a Section 106 agreement or in the notice of decision. We have particular expertise in representing owners and developers in paragraphs 278 and 38 of the contracts and can assist in the drafting, review and negotiation of these documents.

We know that the completion of these agreements can often be time-bound, as they have a direct impact on the advancement of development, and we recognize the need for swift action. Typically, Section 278 agreements are the local authority that authorizes the developer to perform the proposed work. Sometimes the highway authority does the work, or the developer can pay the highway administration to do the work if it suits the developer`s schedule. For cases where a highway system requires developers to offer land under their control to be considered a highway, please read section 38 agreements. Typically, these legally binding agreements include infrastructure projects that allow access to a development site, such as roundabouts, signposted intersections, right turn lanes, new pedestrian crossings or priority intersections. They can also cover power diversions, drainage systems and street lighting. Any new subdivision must be connected to the existing public road network. This means that changes are made to the network, for example. B turn lanes, a roundabout or a signal-controlled intersection, to allow vehicles to enter and leave the site. An S278 agreement usually contains one or more of the following provisions: The development layout is defined during the planning phase, including the type of crossing required for access to the public road, as well as the proposed configuration of all internal roads. . .

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