If the proposed works concern the “strategic road network”, which is under the control of Highways England and not the local authority, the S278 agreement must be concluded with the Minister for Transport. A Section 278 (or s278) agreement is a section of the Highways Act 1980 that allows developers to enter into a legal agreement with the Council (in our capacity as road authority) to make permanent modifications or improvements to a public highway as part of a planning permission. An S278 agreement usually has one or more of the following conditions: 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 allowed to close access to the site. The development-related construction application usually defines the principles of the necessary work. The highway authority may not then refuse to enter into an agreement for the execution of the work approved by the proponent as long as the work complies with the corresponding standards. In Birmingham, we normally use s278 agreements to allow developers to employ a road contractor and for that contractor to work on the existing public motorway in the same way as if we, the motorway, were carrying out work. The client is responsible for all aspects of the work on the public road, from the design to the supervision of the construction and the guarantee that the work will be completed to our satisfaction. Section 278 is the part of the Highways Act 1980, which allows a motorway authority to enter into an agreement with a third party in order to obtain improvements on the existing public road. In our area, the competent motorway authority is usually Cornwall Council, but work on the A30 or A38 requires permission from Highways England, which acts on behalf of the Secretary of State for Transport.
Guidelines for agreements with the Secretary of State for Transport pursuant to section 278 of the Highways Act 1980 can be found here. Such changes must be agreed with the Local Motorway Authority and applied to satisfaction. A legally binding agreement is entered into between the local authority and the developer in accordance with Section 278 of the Highways Act 1980, which is why it is called the Section 278 Agreement (S278). The agreement sets out the requirements of the local motorway authority and the developer to ensure that the proposed works are carried out in accordance with the approved drawings. It is also described how the local Highway Authority can act if the developer does not complete the work. For many of the work we do, you will often find references to an agreement under Section 278 (or S278). The agreement between the highway authority and the developer is called the Section 278 agreement and may allow elements such as: Typically, Section 278 agreements represent the local authority that authorizes the developer to carry out the proposed work….