The s278 and s38 agreements regulate the aspect of highway infrastructure that is included in a proposed construction. The s278 agreements allow for changes to existing highway networks, allowing developers to do work. The agreement contains details of the building permit, the project, the construction program, the inspection and the associated costs. 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 (s278) is often completed in conjunction with Section 38 for road acceptance with the corresponding infrastructure. Section 278 of the agreements is 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. Examples of work covered by Section 278 (s278) are: guidelines for agreements with the Secretary of State for Transportation under Section 278 of Highway 1980 can be found here.
The s38 agreements concern the maintenance of new motorways by road authorities and the building permit must be issued before it is possible to seize them. The agreement contains details of the building permit, technical drawings, construction program and inspection. A corresponding tax covers the cost of these items. 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. 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. An S278 agreement usually includes one or more of the following: . All new residential construction must be connected to the existing public road network. This means that changes need to be made to the network, for example. B the provision of turn lanes, a roundabout or a signal-controlled intersection to allow vehicles to enter and exit the site.
Work usually begins within four to six weeks of the agreement being signed. Section 278 Agreement is a legally binding document between the local road authority and the promoter to ensure that work on the highway is completed in accordance with the standards and satisfaction of the local highway authority. . Key elements that could be included in a standard agreement under Section 278 include: Learn more and find out about our turnkey packages. The approach taken by local authorities to road transport in the design and allocation of work under a Section 278 agreement can vary considerably. Local road authorities may insist on carrying out all aspects of the work and reloading the promoter or allow the Highway Engineer consultant to do all or part of the work as an agent mandated by the Authority. It is therefore always recommended that the highway engineer discuss with local road authorities as soon as possible, in development planning, the need for a Section 278 agreement and how the local road authority would compel the promoter to act in this case.