If the proponent does not make the agreed payments or if the work is not carried out in accordance with the agreement, the road authority is authorized to block access to the site. Work usually begins within four to six weeks of signing the agreement. As a general rule, a developer is required to bear the cost of the works, in particular if they were designed for development, as well as the costs incurred for the preparation and conclusion of the agreement under Article 278. The developer may also be required to pay a deposit to cover the Traffic Authority against any risk that the developer will not complete the work or complete it to the required standards (especially if a road can be accepted later) or not maintain it during the agreed initial maintenance period (usually 1 year). The road authority can then use the funds contained in the bond to correct the work. The deposit is usually released gradually after the end of a maintenance period after the completion of the work. If the proponent enters into the agreement to deliver the work, rather than simply contributing to other work, it is responsible for designing the work to the satisfaction of the board. The procedure required for an agreement can be long and lengthy, and it is therefore desirable to speak to the road traffic authority as early as possible in the project. The agreement sets out in detail the requirements that the local motorway authority and the developer must meet to ensure that the proposed works are carried out in accordance with the approved drawings. It also describes how the local road authority can act if the developer does not complete the work. The document is prepared by the lawyer of the local road authority and given to the developer`s lawyer in the form of a project. The details of the agreement will then be agreed before the conclusion of the final and signed by both parties before the start of work on site. A section 38 (or S38) agreement is a section of the Roads Act, 1980 that can be used when a developer proposes to construct a new residential road for residential, industrial or general purpose traffic that can be offered to the Highway Authority for acceptance as a highway.

A section 106 agreement is an agreement between a developer and a local planning authority on the steps the developer must take to reduce its impact on the community. A section 106 agreement may be amended or exonerated for assistance in negotiating this process if the assistance of a planning expert is sought. An S278 agreement typically includes one or more of the following actions: In many of our work, you will often find references to an agreement under Section 278 (or S278). provided that the person pays all or part of the cost of the work that can or can be determined in accordance with the agreement. An agreement under section 278 may include: Section 278 of the Highways Act 1980 allows a developer to carry out work on public roads. This is usually required when a building permit has been issued for a development that requires improvements or modifications to public roads. Section 184 of the Highways Act 1980 states that a developer must enter into an agreement to construct or alter access or access to the site. The local motorway authority reviews and approves the agreements and appropriate fees are paid to them. If you need help with a section 278 agreement, do not hesitate to contact our real estate team who will be happy to help you.

Each local road authority`s approach to planning and procurement work under a section 278 agreement can vary considerably. The local road traffic authority may insist that it carry out all aspects of the work and impose a burden on the developer or allow the road consulting engineer to carry out all or part of the work as a representative designated by the authority. It is therefore always recommended that the highway engineer discuss with the local road authority as early as possible in the development planning process whether a section 278 agreement may be necessary and how the local road authority would ask the developer to proceed in this case. In cases where a road plan requires developers to offer land under their control for acceptance as a highway, please read section 38 Agreements. The construction application associated with the development generally establishes the principles of the necessary work. The Road Traffic Authority may not then refuse to enter into an agreement for the contracting authority to carry out the approved works, provided that the works meet the appropriate standards. Section 278 is the part of the Highways Act 1980 that allows a road authority to enter into an agreement with a third party to make improvements to the existing highway. In our region, the responsible motorway authority is usually Cornwall Council, but work on the A30 or A38 requires the approval of Highways England, which acts on behalf of the Minister for Transport.

Unlike article 106 agreements, article 278 agreements do not bind (or “run with the country”) successors in title. Although the agreement is subject to legal regulations, it is contractual in nature and the usual contractual principles apply. The agreement between the motorway authority and the developer shall be referred to as the agreement under Article 278 and may include elements such as the following: in the first case, the local motorway authority shall provide all necessary design and construction drawings and prepare the documentation necessary for the preparation of the agreement pursuant to Article 278. These plans and specifications are submitted to the local planning authority as a first step to meet the planning condition that requires the work as part of the development. The proponent must pay the local highway authority all fees and other related payments for the preparation of the draft and the preparation of the section 278 agreement. An S278 is generally required if the building permit has been granted for a development that requires improvements or modifications to existing roads and sidewalks that are part of the publicly maintained road. In the latter case, the developer`s road engineer prepares the detailed design in accordance with the relevant design standards and submits it to the local road traffic authority for technical approval, after which it is submitted to the local planning authority at the first stage of fulfilling the planning condition. Where possible, the Council tries to combine work with existing works or other S278 systems in or near the same area, but this is not always possible due to other constraints such as funding and programme execution times, planning requirements or the availability of road space. To make these improvements, the proponent must obtain permission from the Highway Authority for detailed planning of the work and enter into an agreement specifying how the work will be delivered. Most of the time, an S278 agreement is used to give development access to the existing road network. However, it can also be used to make improvements to the motorway network that are necessary due to development, or to contribute to future work on the wider motorway network. A license under § 50 is an authorization for a private person or organization to install a new device or work on an existing device above or along a public road.

Guidance on agreements with the Minister of Transport under section 278 of the Highways Act, 1980 can be found here. .