When Is A Section 278 Agreement Required
When the proponent gives the agreement to provide work instead of simply contributing to other work, they are, to the satisfaction of the Council, responsible for the organization of the work. The agreement between the motorway authority and the promoter is called the agreement section 278 and can be used articles such as: All amounts rebalanced are due before the conclusion of Section 278 of the agreement. When a developer is required to carry out highway work in connection with its development, its development permit requires that it enter into a motorway agreement to carry out the work. 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 agreement allows third-party work on the public highway on approved design and construction standards to mitigate the effects of development. The start of work on site is only allowed after approval of the project, the agreement provided for in point 278 and guarantees, road spaces have been reserved with our road team and a pre-meeting has been visited on site by all parties involved. Although the Council is involved throughout the discussion of the plans and their timing with the developing parties, the final decision is to continue with a program and reach an agreement, that of the developer, and the Commission has no control over it. 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. Depending on the road authority responsible for the roads concerned, an agreement under Section 278 is required either with the Secretary of State for Transport or with the local transport authority. 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. The document is prepared by the local highway authority`s lawyer 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. In addition to the road safety tests mentioned above, it is mandatory at each appropriate stage of planning and verification. If you are a commercial developer and you already have a building permit for a building requiring major public highway works, you may have to ask us for an agreement section 278. If you need an agreement under Section 278, your planning authorization contains the following clause: To begin the process, the developer must apply online and submit all the information on the contract checklist list contained in Schedule B of the road construction standards and specifications.