278 Agreements

Salvatore Amico, Partner and Head of Town – Country Planning, has this advice to offer: “These agreements require a thorough and detailed approach. The specifications of all highway works and the conditions associated with all links must be precise and precise. We always strive to protect the interests of our clients and to ensure that their commitments are clear, so that there is no room for disagreement at a later stage. In addition, land ownership or title issues are also common features of these agreements and we provide them with the necessary expertise. 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. Here you can find information on agreements with the Secretary of State for Transportation under Section 278 of the Highways Act 1980. Highway infrastructure is often a critical element of any proposed new residential construction and these agreements, which are part of the Highways Act of 1980, are used to make modifications to an existing public highway. The need for motorway agreements is often identified in an agreement provided for in point 106 or in the notice of decision as a precondition for pre-work or the profession. We have specific action expertise for owners and developers in sections 278 and 38 and can assist in the drafting, verification and negotiation of these documents.

We know that there can often be time constraints in concluding these agreements, as they have a direct impact on development progress, and we recognize the need for rapid action. 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. Section 278 of the agreements is generally the local authority that authorizes the developer to carry out the proposed work.

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