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 mini-S278 procedure must be followed for smaller work (with the exception of standard crossings) that does not require a new motorway surface. See Mini S278 Guidance Pack. 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. “A motorway authority, if they are convinced that it will be useful to the public, can reach an agreement with a person – the agreement between the motorway authority and the promoter is called the Section 278 agreement, and there may be things like: the procedure necessary to reach an agreement can take time and time, and it is therefore desirable to get in touch as soon as possible with the motorway service. 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. If the proponent 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. 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. Many projects require combined agreements under Section 278 and Section 38, as work on existing roads and the adoption of new roads are required.
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. 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. 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.