Section 278 Legal Agreement

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.┬áIf the proponent submits the agreement to provide work, rather than contributing to the continuation of the work, it is responsible for organizing the work to the satisfaction of the council. The agreement between the motorway authority and the developer is called the Section 278 Agreement and may authorise: a Section 278 (or s278) agreement is a section of the Highways Act 1980, which allows developers to enter into a legal agreement with the Council (in our capacity as road authority) in order to make permanent modifications or improvements to a public motorway. as part of the preparation of the plan. The developer is responsible for the full cost of the work, including elements such as design costs, legal and administrative costs, land acquisition and maintenance. If the developer does not make agreed payments or if the work is not carried out in accordance with the contract, the motorway authority is empowered to close access to the site. The Section 278 Agreement is a legally binding document between the Local Highway Authority and the developer to ensure that the work to be carried out on the highway is carried out in accordance with the standards and to the satisfaction of the Local Highway Authority. Highway infrastructure is often a critical component of any proposed new subdivision and these agreements, which are part of the Highway Act of 1980, are used to make modifications to an existing public highway. The need for motorway agreements is often identified in a Section 106 agreement or in the notice of decision as a precondition or occupation. . .

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