Highways Legal Agreement

The Road Agreements team is responsible for private S38, S278 and private road contracts. They carry out technical checks, agreement management, local inspection and takeover of the S38 and S278 plants. Please refer to our contract flow chart (347 KB) to determine the agreement you need. 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. A larger agreement (S111 or S278) results in a pre-fee of between $7,500 and up to 7% of the total value of the system. This includes pre-planning work and potential mitigation costs if the agreement is not reached. The full large-scale agreement will cost more depending on the nature and scope of the regime. The provision of new roads and pedestrian pathways (together called “highways” in this practical note) is a common feature of many developments. Similarly, many developments require modifications or improvements to existing roads and footpaths.

In some cases, the construction of new highways or changes to existing highway infrastructure may even be a prerequisite for the construction of a building permit. See the practical note: Planning conditions – important points. As a general rule, the proponent intends that once this work is completed, these new and/or modified highways will be taken over and maintained by the local motorway authority (LHA). As a result, the agreements concluded under Highway 1980 – particularly in this context, Sections 38 and 278 – are generally concluded between the LHA and the proponent to ensure the delivery of necessary or agreed-upon highway work to the necessary standards. 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. 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. Here you can find information on agreements with the Secretary of State for Transportation under Section 278 of the Highways Act 1980. 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. A road contract allows an individual or organization to carry out construction work on the highway and is usually linked to new construction zones. The agreement between the highway authority and the promoter is called the Section 278 agreement, and it can be considered: if you start your work without the required authorization, we reserve the right to take legal action against you. The granting of technical approval is not an authorization for the start of the work. Inspection and maintenance costs are payable before the legal agreement is reached. Payment details are included in the application forms. The development planning request generally defines the principles of the work required.

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