The agreement between the motorway authority and the promoter is referred to as the section 278 agreement and may allow for elements such as: paragraph 278 (s278) in conjunction with section 38 for road acceptance and related infrastructure. 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. 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. 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. If the proponent is doing the work, it may be necessary for a loan to cover the motorway authority against the possibility that the developer may not properly complete the work, for example. B if they become insolvent. The loan will be phased out until the end of a 12-month maintenance period at the end of the work. 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.
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. 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. 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. The time required to reach such an agreement should be long and the applicant should take this into account when programming his works. Examples of work under Section 278 (s278) are: 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. “A motorway authority can, if they are satisfied that it will be useful to the public, reach an agreement with each person – the agreement sets out the requirements applicable to both local road authorities and the developer to ensure that the proposed work is carried out in accordance with the approved designs.