If you`re building new roads and changing existing roads – including connecting new roads to an existing highway – you`ll need a hybrid agreement under Section 278/38. Section 278 is the part of the Highways Act, 1980, which allows a highway authority to enter into an agreement with a third party to obtain improvements to the existing highway. In our area, the competent motorway authority is usually Cornwall Council, but work on the A30 or A38 requires permission from Highways England, which acts on behalf of the Secretary of State for Transport. 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. Guidelines for agreements with the Secretary of State for Transport pursuant to section 278 of the Highways Act 1980 can be found here. A Section 278 (or s278) agreement is a section of the Highways Act 1980 that allows developers to enter into a legal agreement with the Council (in our capacity as road authority) to make permanent modifications or improvements to a public highway as part of a planning permission. If you plan to modify existing highways, you will need an agreement under Section 278 of the Highways Act or a simple agreement under Section 278. 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.
As a general rule, the developer intends to accept and maintain such new and/or modified highways by the Local Highway Authority (LHA) as a result of such work. As a result, agreements concluded under the Highways Act 1980 – particularly in this context sections 38 and 278 – are generally concluded between the LHA and the developer in order to ensure the provision of the necessary or agreed motorway works according to the required standards. . . .