Section 278 Agreement
A section 278 agreement (or s278) is a section of the Highways Act 1980 that allows developers to enter into a legal agreement with the local authority to make permanent alterations or improvements to a public highway, as part of a planning approval.
Examples of work covered by an Section 278 (s278) include:
- New or changed access into a development site
- Priority junctions.
- Junctions with traffic lights.
- Right turn lanes.
- Improved facilities for pedestrians and cyclists.
- Improvements to existing junctions.
- Traffic calming measures.
- New/alteration of signalised crossings or junctions close to the development site.
Work affecting the highway can only begin when some or all of the following items have happened:
- Section 278 (s278) agreement is signed by the developer and the local authority
- The agreed design as per the planning permission
- Details of any bond or surety required
- Details of who will design and manage the works. Usually either the local Highway Authority or a consultant Highway Engineer working on behalf of the developer
- Detailed schedule of the works
- Provision for inspection and certification of the works
- Schedule of the costs of the works to be paid for by the developer, together with the administrative, design and inspection costs payable
- Details of commuted sums for future maintenance
The developer is usually responsible for the costs involved in making the changes whether the works are carried out by a contractor appointed by the developer or the local authority itself.
A Section 278 (s278) is often entered into in conjunction with a Section 38 for the adoption of roads along with associated infrastructure.
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