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. We have particular expertise in representing owners and developers in paragraphs 278 and 38 of the contracts and can assist in the drafting, review and negotiation of these documents. We know that the completion of these agreements can often lead to time constraints, as they have a direct impact on the advancement of development, and we recognize the need for swift action. Section 278 of the Highways Act 1980 allows a developer to carry out work on public roads. This is usually necessary when a building permit has been issued for a development requiring improvements or modifications to the public road. If the work is to be carried out in a non-sensitive location, the Council may also agree that the proponent perform the work on its behalf. Typically, Section 278 agreements are the local authority that authorizes the developer to perform the proposed work. Sometimes the highway authority does the work, or the developer can pay the highway administration to do the work if it suits the developer`s schedule. The procedure necessary to reach an agreement can take time and time and it is therefore desirable to start an interview with the motorway authority as soon as possible as part of the project. If the proposed infrastructure is to be maintained on an ongoing basis, the agreement process provides for the guarantee of a shuttle fee to finance the work. In order to make these improvements, the contracting authority must obtain the authorisation of the detailed planning of the works from the motorway authority and conclude an agreement defining the manner in which the works are to be carried out. An S278 contract is often used to allow development access to the existing road network. However, it can also be used to improve the motorway network, which is necessary as a result of development, or to contribute to future work on the wider motorway network.

When the developer carries out the work, a bond may be required to cover the motorway authority against the possibility that the developer will not properly complete the work, for example. B if they become insolvent. The loan is released gradually until a twelve-month maintenance phase has elapsed after the completion of the work. The layout of the development is defined during the planning phase, including the type of crossing required for access to the public road, as well as the proposed configuration of all internal roads. Once the building permit has been obtained, the local planning authority may not refuse to enter into an agreement on the developer to carry out the motorway works necessary to facilitate its development, provided that all appropriate design and safety standards are fully respected and respected. A developer will submit an S278 application at an early stage in the design process, in many cases at least 12 months before on-site work is required. . . .