Highways England S278 Agreement

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„A motorway authority, if it is satisfied that it will be beneficial to the public, can enter into an agreement with a person under conditions where the person pays all or part of the cost of the work that can be fixed or fixed in accordance with the agreement.“ Work usually begins within four to six weeks of the agreement being signed. 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. 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. 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. Here you can find information on agreements with the Secretary of State for Transportation under Section 278 of the Highways Act 1980. 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. 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 procedure required to reach an agreement can take time and time, and it is therefore desirable to get in touch as soon as possible with the authority of the motorways. 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. An S278 agreement generally includes one or more of the following: 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 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. Such changes must be agreed with local road authorities and implemented to satisfaction.


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