Please note that the following fees and royalties are estimates and may vary depending on the technical complexity and size of the development. We confirm our estimate of the fees you must pay before granting the agreement in accordance with Section 278. They may be held responsible for any additional costs incurred during or as a result of the work. Developers have to pay for s278 agreements. The minimum fee for technical approval and inspection of £12,265.00*still applies. The agreement between the motorway authority and the developer is called a Section 278 agreement and may include: as a general rule, these legally binding agreements include infrastructure projects allowing access to a development site, such as roundabouts, signposted junctions, right turn lanes, new pedestrian crossings or priority junctions. They can also cover power diversions, drainage systems and street lighting. 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 to conclude motorway agreements is often identified as a precondition or occupation in a Section 106 agreement or in the notice of decision. 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 provide the necessary expertise to manage them. That if the developers` ongoing development work causes damage to the motorways we have already adopted and maintained, and under development, we take steps to cover the costs of correcting the damage in accordance with section 59 of the Highways Act 1980 – recovery of costs due to exceptional traffic in Birmingham, normally we use s278 agreements, to allow developers to employ a road contractor, and for that contractor to work on the existing public road 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. The procedure necessary to reach an agreement can take time and time and it is therefore desirable to start an interview with the motorway authority as soon as possible as part of the project. 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. Guidelines for agreements with the Secretary of State for Transport pursuant to section 278 of the Highways Act 1980 can be found here. If the agreements have not been renewed at the end of 2 years, we will seek appropriate reimbursement of any additional costs we have incurred with reference to the Council`s fee and fee schedule The document is drafted by the Local Highway Authority`s lawyer and issued to the developer`s lawyer in draft form. The details of the agreement will then be agreed before the final document is finalized and signed by both parties before work begins on site. The layout of the development is defined during the planning phase, including the type of crossing required for access to the public road, as well as the proposed configuration of all internal roads. Once the building permit has been obtained, the local planning authority may not refuse to enter into an agreement on the developer to carry out the motorway works necessary to facilitate its development, provided that all appropriate design and safety standards are fully respected and respected. .