For cases where a highway system requires developers to offer land under their control to be considered a highway, please read section 38 agreements. 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. A loan is normally required for agreements entered into after s278 or s38 of the Highways Act 1980 and serves to protect the motorway authority if the developer does not carry out the work sufficiently. The amount of the deposit depends on the cost of the work, that is, the sooner you can submit it to the motorway authority, the better. Section 278 agreements allow a developer to carry out work on a highway. The scope of section 278 agreements ranges from the simplest abandoned sidewalk to the most complex highway renovation project. These agreements are often time-pressed, as they will have a direct impact on the program. We have outlined below a number of lessons we have learned to ensure that these agreements pre-existed before contractor/motorway bookings: 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 motorway is carried out in accordance with the standards and satisfaction of the Local Highway Authority. 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.
Guidelines for agreements with the Secretary of State for Transport pursuant to section 278 of the Highways Act 1980 can be found here. What is alarming is that the alleged highway is not disclosed in the results of a search carried out by the cadastre in the index map. This is because land classified as a highway (public or private) does not change the ownership of the country. In addition, and perhaps even more frighteningly, in some cases, private highways do not even appear in the results of the search for highways by the highway authority. Therefore, as part of the duty of due diligence, those conducting site inspections should ensure that they identify all pathways or “shortcuts” in the field used by the public. In our experience, managing potential objections before they are raised is essential for a smooth shutdown application. To do this, we have some tips that can be useful: teams of customers who are faced with an app to stop the highway might want to oppose that app. The key message behind every objection is to prove that the highway is necessary.
The process used to get the stop order determines the exact test you need to perform that convinces. A suspected motorway can be created if the country concerned has been used “as of right” (without authorization, violence or secrecy) for an uninterrupted period of twenty years. By allowing the public to cut your land, you can accidentally acquire highway rights. The approach of each local motorway authority to planning and acquiring works under a Section 278 agreement can vary considerably. The local motorway authority may insist that it carry out all aspects of the work and that it instruct the developer or authorise the motorway consulting engineer to carry out some or all of the works as a representative designated by the Authority. . . .