Here's a breakdown of what it entails:
Purpose:
Enables necessary highway works: When a development requires changes to the existing public road network (e.g., new access points, road widening, traffic signals), a Section 278 agreement is necessary to ensure these works are carried out to the required standards and safety
Legal framework: It sets out the responsibilities of the developer and the Highway Authority, ensuring the works are properly designed, constructed, and maintained
Key aspects:
Scope of works: The agreement details the specific alterations or improvements to the highway, including design specifications, materials, and construction methods
Responsibilities: It clarifies who is responsible for carrying out the works, supervision, and any associated costs
Standards and approvals: The works must comply with the Highway Authority's standards and regulations, and require their approval at various stages
Safety: Ensuring the safety of road users and construction workers is paramount, with traffic management plans and safety audits often required
Maintenance: The agreement may also cover future maintenance responsibilities for the altered highway infrastructure
Process:
Planning permission: The developer must first obtain planning permission for the development that necessitates the highway works
Agreement negotiation: The developer and the Highway Authority negotiate the terms of the Section 278 agreement
Technical approvals: The developer submits detailed designs and specifications for technical approval by the Highway Authority
Construction: Once the agreement is signed and all approvals are in place, the developer can carry out the highway works
Completion and adoption: Upon completion, the Highway Authority inspects the works and, if satisfactory, adopts them as part of the public highway
Importance:
Legal compliance: It ensures that any alterations to the public highway are carried out legally and safely
Public benefit: It ensures that the highway works are of a suitable standard and contribute to the safe and efficient operation of the road network
Developer responsibility: It clarifies the developer's responsibilities for the highway works, protecting the interests of the public and the Highway Authority
In summary, a Section 278 agreement is a crucial legal tool for facilitating necessary highway improvements associated with new developments, ensuring they are carried out to the required standards and in a safe manner.