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. Work usually begins within four to six weeks of the agreement being signed. 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. 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. An S278 contract is used for a long time to enable the development of the existing road network. However, it can also be used to improve the motorway network needed by development or to contribute to future work on the wider network of motorways. 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 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.
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 reached “A motorway authority, if it is satisfied that it is pro-public, can reach an agreement with a person – in much of our work, you will often find reference to a Section 278 (or S278) agreement. 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 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. 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. Although the Council is involved throughout the discussion of the plans and their timing with the developing parties, the final decision is to continue with a program and reach an agreement, that of the developer, and the Commission has no control over it.
Here you can find information on agreements with the Secretary of State for Transportation under Section 278 of the Highways Act 1980.