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. There are a few exceptions to the use of S278 agreements to facilitate changes to the development network and usually refer to very small or very large projects. Small projects for which the project is exclusively aimed at creating access can be built under S184 agreements, sometimes referred to as bell agreements. Very large projects can be built under building permit regulations or regulations of the Transport and Factories Act. In both cases, the regulation adopted under the respective laws gives the developer all the necessary powers to set up its development, thus making an S278 agreement unnecessary. Information about the parties (name, registered office, etc.) Schedule of work to be carried out. The level of detail varies – they may contain a complete detailed design, or more often it will only be a design outline. the details of the necessary technical approvals. The contracting authority is required to obtain from the Motorway Authority a full technical authorisation for the design before the construction work before construction. Often, the agreement sets deadlines for the verification and approval of drawings.
Details of required security audits. Details of a loan required to ensure that money is available to complete the work in case of a developer delay. Provisions relating to the handing over of completed works to the motorway authority. As a rule, this includes the provision of As Built drawings and the health and safety file of the completed diagram, which are required by the construction rules (design and management). Requirements for a maintenance period during which the developer must correct defects, usually one year after the completion of the work. The document is drafted by the Local Highway Authority`s lawyer and delivered to the developer`s lawyer in design form. The details of the agreement will then be agreed before the final document is finalized and signed by both parties before work begins on site. A Section 278 (S278) agreement is an agreement between a developer and a motorway authority to allow work to be carried out on public roads to facilitate development. Salvatore Amico, Partner and Head of City and Country Planning, has this advice: “These agreements require a thorough and detailed approach.
The specifications of motorway works and the conditions related to all links must be precise and precise. We always strive to protect the interests of our clients and ensure that their commitments are clear, so that there is no room for disagreements at a later stage. In addition, land ownership or ownership issues are also common features of these agreements, and we offer the necessary know-how to manage them. The agreement between the motorway authority and the developer is referred to as the Section 278 Agreement and may include: the package may include motorway works carried out under a Section 278 agreement, drainage and earthworks. As a central interlocutor for several aspects of the infrastructure, we can offer better coordination of work and minimize potential delays. . . .