We have specific action expertise for owners and developers in sections 278 and 38 and can assist in the drafting, verification and negotiation of these documents. We know that there can often be time constraints in concluding these agreements, as they have a direct impact on development progress, and we recognize the need for rapid action. As a general rule, these legally binding agreements relate to infrastructure projects that allow access to a construction zone, such as roundabouts, marked intersections, right-hand turn lanes, new pedestrian crossings or priority intersections. They can also cover power diversions, drainage systems and public lighting. The package may include highway work that will be carried out under an agreement under Section 278, drainage construction and earthworks. As a one-stop shop for several aspects of infrastructure, we can offer better coordination of work and minimize potential delays. In many of our works, you will often find reflection point 278 (or S278). Such changes must be agreed with local road authorities and implemented to satisfaction. A legally binding agreement is reached between the municipality and the developer under Section 278 of Highway 1980, known as Section 278 (S278). 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. The design of the construction will be defined during the design phase, including the type of crossing required to allow access to the public highway, as well as the proposed configuration of inland roads. Once the building permit has been obtained, the local planning authority cannot refuse to enter into an agreement for the developer to carry out the necessary road works to facilitate their development, provided that all appropriate planning and safety standards are fully respected and respected. 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. 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 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. 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. When the proponent gives the agreement to provide work instead of simply contributing to other work, they are, to the satisfaction of the Council, responsible for the organization of the work. 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. Salvatore Amico, Partner and Head of Town – Country Planning, has this advice to offer: “These agreements require a thorough and detailed approach.