Common questions

Do section 278 works require planning permission?

Do section 278 works require planning permission?

Section 278 of the Highways Act 1980 allows a developer to carry out works to the public highway. This is generally necessary where planning permission has been granted for a development that requires improvements to, or changes to, public highways.

Does a section 278 agreement run with the land?

Unlike section 106 agreements, section 278 agreements do not bind successors in title (or ‘run with the land’). Although made subject to a statutory provision, the agreement is contractual in nature and normal contractual principles apply.

How long does a s278 take?

Work usually starts within four to six weeks of the agreement being signed.

What is S38 agreement?

A Section 38 agreement (or S38) is a section of the Highways Act 1980 that can be used when a developer proposes to construct a new estate road for residential, industrial or general purpose traffic that may be offered to the Highway Authority for adoption as a public highway.

What is a section 278?

A section 278 agreement (or s278) is a section of the Highways Act 1980 that allows developers to enter into a legal agreement with the council (in our capacity as the Highway Authority) to make permanent alterations or improvements to a public highway, as part of a planning approval.

What is a Section 50 Licence?

A section 50 licence is a permit for a private person or organisation to install a new apparatus or work on an existing apparatus across or along a public highway.

How long does a Section 106 last?

Under the Planning Act s106 (A) a person bound by the obligation can seek to have the obligation modified or discharged after five years.

Does section 106 still exist?

For the financial year 2019/2020 onwards, any local authority that has received developer contributions (section 106 planning obligations or Community Infrastructure Levy) must publish online an infrastructure funding statement by 31 December 2020 and by the 31 December each year thereafter.

What is a section 184?

A Section 184 Agreement (Highways Act 1980) requires a developer to enter into an Agreement with the Highway Authority for the construction or alteration of an access relating to a new development. Developers are required to produce a quotation from their contractor to show the value of the highway work.

What is a Section 50 highways?

Section 50 street works licences Any person or organisation who wishes to carry out works on a highway, will need to apply for a street works licence (Section 50 Licence). This requirement does not apply to anyone acting under a statutory right.

How much is a section 50 licence?

A licence costs: Section 50 – £655 per application (£5000 refundable deposit)

What is Section 278 of the Highways Act 1980?

A section 278 agreement (or S278) is a section of the Highways Act 1980 that allows developers to enter into a legal agreement with the council to make alterations or improvements to a public highway, as part of planning approval.

What is a section 278 agreement in Australia?

What is an s278 agreement? A section 278 agreement (or s278) is a section of the Highways Act 1980 that allows developers to enter into a legal agreement with the council (in our capacity as the Highway Authority) to make permanent alterations or improvements to a public highway, as part of a planning approval.

Which is an example of a s278 agreement?

A section 278 agreement (or s278) is a section of the Highways Act 1980 that allows developers to enter into a legal agreement with the council (in our capacity as the Highway Authority) to make permanent alterations or improvements to a public highway, as part of a planning approval. Examples of work covered by an s278 include:

Which is an example of work covered by Section 278?

Examples of work covered by a Section 278 (s278) include: New or changed access into a development site. Roundabouts. Priority junctions. Junctions with traffic lights. Right turn lanes. Improved facilities for pedestrians and cyclists. Improvements to existing junctions. Traffic calming measures.