When Is A Section 278 Agreement Required

The approach of each local motorway authority to planning and supplying works under a Section 278 agreement can vary considerably. The local road authority may insist that it carry out all aspects of the work and recharge the developer or allow the road consulting engineer to carry out all or part of the work as a representative designated by the authority. It is therefore always recommended that the highway engineer discuss with the local road board as early as possible in the development planning process whether a section 278 agreement may be required and how the local road board would ask the developer to proceed in this case. In addition to the road safety tests mentioned above are required at each appropriate stage of the design and after implementation. While the Board is constantly involved in discussing projects and their timing with proponents, ultimately the decision to proceed with a project and enter into an agreement rests with the proponents, and the Board has no control over it. A proponent will submit an S278 application early in the design process, in many cases at least 12 months before on-site work is required. The document is prepared by the lawyer of the local road authority and given to the developer`s lawyer in the form of a project. 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. To begin the process, the proponent must apply online and submit all information to the agreement checklist listed in Appendix B of the Guide to Highway Construction Standards and Specifications. A section 278 agreement allows third parties to carry out work on public roads in accordance with approved design and construction standards to mitigate the impact of the development. To do this, a topographic representation of the work area is necessary.

The survey should be reviewed in 2D and 3D format with all relevant characteristics. A high-quality topographic survey of the development site is essential if the road engineer wants to create an accurate design. A standard specification can be found here. The procedure required to reach an agreement can be long and lengthy, and it is therefore desirable to start a discussion with the motorway authority as soon as possible within the framework of the project.

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