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S278 Agreement Guidance

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. 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. 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. All administrative work (but not the Council`s legal costs) related to the agreement, including initial instructions, as well as acceptance of the work and updating in the Council`s databases. 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. 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. Here you can find information on agreements with the Secretary of State for Transportation under Section 278 of the Highways Act 1980.

Prior to the signing of Section 278, a maintenance contribution of $10,000 must be filed with the Commission. This is the case for all restoration or traffic management security work for which we have not been able to contact the developer or its subcontractors in order to secure the area within 2 hours. If you wish to modify existing highways, you need an agreement in accordance with Section 278 of the Highways Act or a simple agreement under Section 278. For proponent instructions, the Commission`s requirements for the modification of the existing highway are listed below. Compliance with these requirements will allow the Commission to adopt them as usable highways after satisfactory completion, in accordance with Section 278 of the Highways Act 1980. “A highway authority, if it has ensured that it will be useful to the public, can reach an agreement with a person – you must first obtain permission to plan the planned construction. Please see our general instructions on layout requirements. 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. The agreement between the highway authority and the developer is called the section 278 agreement, and it can do things like: if you build new roads and change existing roads – including connecting new roads to an existing highway – you need a hybrid section agreement 278/38. inspections of the improvement works covered in the agreement for the duration of construction until they are adopted.

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