Planning And Highways Agreements

Our lawyers have been providing informed and achievable legal advice for many years. Experts in their field, they are there to help you navigate the complexity of planning and highway law. In Birmingham, we normally use s278 agreements to allow designers to employ a contractor in road construction and for that contractor to work on the existing public highway, as we, the motorway authority, would carry out work. The proponent is responsible for all aspects of the public highway work, from planning to monitoring the construction and ensuring that the work is completed to our satisfaction. Planning and highway agreements, including Section 106 agreements, Section 278 agreements and Section 38 agreements. Residential planning requests should be designed to meet the recommendations made in the current 6C Design Manual, including the Road Manual and The Highway 2 Manual. The Road Authority will provide information on what design elements are appropriate or not to be included in a forward-looking agreement under Section 38 of the Road Transport Act 1980. All proposed works for acceptance must also meet our standard specifications for publicly accessible highways. A Section 278 (or S278) agreement is a section of Highway 1980 that allows developers to enter into a legal agreement with the Council (as a Highway Authority) to make permanent modifications or improvements to a public highway as part of a plan. Details of the building permit under which this work will be carried out – a detailed schedule of the work to be carried out – details of the necessary loan or security – details of who will design or plan the work, usually either by the local highway authority or by a highway engineer consultant on behalf of the developer – a full schedule of the cost of the work to be paid by the developer , with administrators, planning and inspection costs – details of amounts for future maintenance. We have specific action expertise for owners and developers in sections 278 and 38 and can assist in the drafting, verification and negotiation of these documents.

We know that there can often be time constraints in concluding these agreements, as they have a direct impact on development progress, and we recognize the need for rapid action. The development planning request generally defines the principles of the work required. The motorway authority cannot then refuse to enter into an agreement for the promoter to carry out the authorized work as long as the work complies with the appropriate standards.

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