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. 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. 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. Work usually begins within four to six weeks of the agreement being signed. Such changes must be agreed with local road authorities and implemented to satisfaction. A legally binding agreement is reached between the municipality and the developer under Section 278 of Highway 1980, known as Section 278 (S278). The package may include highway work that will be carried out under an agreement under Section 278, drainage construction and earthworks. As a one-stop shop for several aspects of infrastructure, we can offer better coordination of work and minimize potential delays. However, it is more usual for the developer to mandate an experienced developer in S278 plants, such as FACE, to effect the highway changes, as if it were the authority itself that did so. An offence is committed when work is carried out on a public highway without a Section 278 agreement. 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. 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.
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. 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. 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. Here you can find information on agreements with the Secretary of State for Transportation under Section 278 of the Highways Act 1980.