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. 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. The agreement between the road authority and the promoter is referred to as the section 278 agreement and can be Z.B. The following information on agreements with the Minister of Transport under Section 278 of the Highways Act 1980, by clicking here. 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. 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 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. “A motorway authority, if they are satisfied that it will be useful to the public, can enter into an agreement with a person – the document is written 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 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 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. 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.