S278 Agreement Highways
“A highway authority can, if they are satisfied, that it will be useful for the public to reach an agreement with a person – 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. 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. 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. 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. In many of our works, you will often find reflection point 278 (or S278). The agreement between the motorway authority and the developer is called the section 278 agreement and may allow for elements such as: the development-related development application will generally establish the principles of the necessary work. 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. Work usually begins within four to six weeks of the agreement being signed. 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 concluded. An S278 agreement usually includes one or more of the following agreements: Section 278 agreements are 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 time required to reach such an agreement should be long and the applicant should take this into account when programming his works. If the proposed work affects the “strategic road network”, which is not the responsibility of the local authority but of the control of Highways England, the S278 agreement will have to be concluded with the Minister of Transport. Such changes must be agreed with local road authorities and implemented to satisfaction.