Section 278 of the agreements is generally the local authority that authorizes the developer to carry out the proposed work. Sometimes the highway service does the work, or the developer can pay the highway service to do the job if it`s comfortable for the developer`s schedule. In cases where a highway system requires real estate developers to set up land under their control to accept it as public highways, please refer to Section 38 of the agreements. Salvatore Amico, Partner and Head of Town – Country Planning, has this advice to offer: “These agreements require a thorough and detailed approach. The specifications of all highway works and the conditions associated with all links must be precise and precise. We always strive to protect the interests of our clients and to ensure that their commitments are clear, so that there is no room for disagreement at a later stage. In addition, land ownership or title issues are also common features of these agreements and we provide them with the necessary expertise. A Section 278 (or S278) agreement is a section of Highway 1980 that allows developers to enter into a legal agreement with the Council (as a Highway Authority) to make permanent modifications or improvements to a public highway as part of a plan. We have specific action expertise for owners and developers in sections 278 and 38 and can assist in the drafting, verification and negotiation of these documents. We know that there can often be time constraints in concluding these agreements, as they have a direct impact on development progress, and we recognize the need for rapid action. When a developer is required to carry out highway work in connection with its development, its development permit requires that it enter into a motorway agreement to carry out the work. “A motorway authority, if it is convinced that it will be useful to the public, can reach an agreement with a person; these changes must be agreed with the local motorway authority and implemented to satisfaction. A legally binding agreement is reached between the municipality and the developer under Section 278 of Highway 1980, known as Section 278 (S278).
The development planning request generally defines the principles of the work required. The motorway authority cannot then refuse to enter into an agreement for the promoter to carry out the authorized work as long as the work complies with the appropriate standards. The agreement specifies the requirements of the local road authority and the developer to ensure that the proposed work is carried out in accordance with the approved plans. It also explains how local road authorities can act if the developer is unable to complete the work.