Section 278 Highways Agreement: Understanding the Basics
If you are planning to undertake any development works that could impact the highway network, you will need to enter into a section 278 highways agreement.
Section 278 of the Highways Act 1980 governs the procedure for making such an agreement, which allows a developer to carry out works to a public highway outside their development site. Such works could include changes to highway layouts, the installation of new traffic signals or the provision of new footpaths and cycleways.
The purpose of the agreement is to ensure that the developer covers the cost of any necessary highway improvements, as well as the ongoing maintenance of those improvements after the development is completed. This is because the developer will be causing additional traffic on the roads and any impact on the highway network needs to be mitigated.
To enter into a section 278 agreement, the developer needs to submit an application to the local authority responsible for managing the highway network. This application should include detailed plans and specifications of the proposed works, as well as an estimate of the cost of those works.
Once the application is received, the local authority will review the plans and specifications to ensure that they comply with relevant legislation, standards and guidelines. The local authority may also consult with other stakeholders, such as the emergency services, before deciding whether to approve the application.
If the application is approved, the developer will then need to enter into a formal agreement with the local authority. This agreement will set out all the details of the proposed works, including the estimated cost, the timeframe for completion and any ongoing maintenance requirements.
The developer will need to pay a deposit to the local authority before any work can begin, and this deposit will be used to cover any additional costs that may arise during the works. Once the works are completed, the local authority will inspect and certify them before releasing the deposit.
Overall, a section 278 highways agreement is an important part of any development process that could impact the highway network. By ensuring that developers are responsible for the cost and maintenance of any necessary highway improvements, these agreements help to keep our roads safe and efficient for all users.