For cases where a highway system requires developers to offer land under their control to be considered a highway, please read section 38 agreements. The development-related construction application usually defines the principles of the necessary work. The highway authority may not then refuse to enter into an agreement for the execution of the work approved by the proponent as long as the work complies with the corresponding standards. Although the Council is constantly involved in the discussion of projects and their timing with the developers, the final decision to proceed with a scheme and enter into an agreement rests with the developers and the Council has no control over this. 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. 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. The time required for the conclusion of such an agreement should be long and the applicant should take this into account when programming its work. The provision of new roads and footpaths (in summary referred to as «motorways» in this practice note) is a common feature of many developments. Similarly, many developments require modifications or improvements to existing pedantic roads and trails. Indeed, in some cases, the construction of new motorways or modifications to the existing motorway infrastructure may be a prerequisite for the construction of a building permit.

See the practical note: Planning conditions – important points. provided that the person pays all or part of the cost of the work that can be determined or determined in accordance with the agreement. In Birmingham, we normally use s278 agreements to allow developers to employ a road contractor and for that contractor to work on the existing public motorway in the same way as if we, the motorway, were carrying out work. The client is responsible for all aspects of the work on the public road, from the design to the supervision of the construction and the guarantee that the work will be completed to our satisfaction. 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. .