fbpx
Planning Geek

Section 278 Agreement

 

Section 278A 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 a Section 278 (s278) include:

  • New or changed access into a development site.
  • Roundabouts.
  • 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.

 

Page Updated: 21st November 2020

 

Have you joined our Facebook Community yet? 

 

Do you need help with a property? Unsure what to do next? 

 

Book a 30 minute or hour Zoom session with Ian - The Planning Geek to discuss the opportunity that is before you.  Click here to book a time that is convenient for your diary. You could be talking to Ian today! 

Starts at just £147

'Full of content'
- Mark from Enfield

'Well worth the small cost - saved me hundreds in the long run, going down the wrong hole!'
- Louise from Clapham
'

Wow! Ian really is a Geek when it comes to property - so glad we booked an hour'
- Paul & Jo from Newcastle

 

 

Property on Fire

 

Pin It on Pinterest

Share This

Share this post with your friends!