Work usually begins within four to six weeks of signing the contract. The introduction of new roads and walking trails (collectively referred to as «highways» in this practice note) is a common feature of many developments. Similarly, many developments require modifications or improvements to existing roads and trails. In fact, in some cases, a building permit may be a prerequisite for the construction of new roads or modifications to existing road infrastructure. See practical note: Planning conditions – important points. While the Board is constantly involved in discussing projects and their timing with proponents, ultimately the decision to proceed with a project and enter into an agreement rests with the proponents, and the Board has no control over it. If a developer is required to carry out motorway work related to its development, its building permit will require it to enter into a motorway agreement to carry out the work. Salvatore Amico, Partner and Head of Spatial Planning, has this advice to offer: «These agreements require a thorough and detailed approach. The specifications of motorway works and the conditions attached to All fasteners must be accurate and precise.
We always strive to protect the interests of our clients and ensure that their obligations are clear so that there is no room for disagreement at a later date. In addition, land ownership or ownership issues are also common features of these agreements, and we provide the expertise to manage them. Section 278 of the Highways Act 1980 allows a developer to carry out work on public roads. This is usually required when a building permit has been issued for a development that requires improvements or modifications to public roads. An agreement under section 278 (or section 278) is a section of the Highways Act, 1980 that allows developers to enter into a legal agreement with Council (in our capacity as a highway authority) to make permanent modifications or improvements to a highway as part of a planning approval. However, it is more common for the developer to hire a contractor who has experience with S278 works such as FACE to make changes to highways, as if it were the authority itself that does so. A criminal offence exists if work is carried out on public roads without agreement in accordance with article 278. If the developer does not make the agreed payments or if the work is not carried out in accordance with the contract, the motorway authority is authorized to close access to the site. We have particular expertise in representing property owners and developers in contracts § 278 and § 38 and can assist in the preparation, revision and negotiation of these documents. We know that there can often be time pressures to finalize these agreements, as they have a direct impact on development progress, and we recognize the need for swift action. As a general rule, the developer intends that after the completion of this work, these new and/or modified highways will be accepted and maintained by the local road authority (LHA). As a result, agreements under the Motorways Act 1980 – in particular Sections 38 and 278 in this context – are generally concluded between the LHA and the developer to ensure the delivery of the necessary or agreed motorway works to the required standards.
The agreement between the Highways Authority and the developer is called the section 278 agreement and may allow for the following: If the proponent submits the agreement to deliver work, rather than simply contributing to other work, it is responsible for designing the work to the satisfaction of council. If the proposed works concern the «strategic road network», which is the responsibility of Highways England and not the local authority, the S278 agreement must instead be concluded with the Minister for Transport. .