Salvatore Amico, Partner and Head of Town – Country Planning, has this advice to offer: «These agreements require a thorough and detailed approach. The specifications of all highway works and the conditions associated with all links must be precise and precise. We always strive to protect the interests of our clients and to ensure that their commitments are clear, so that there is no room for disagreement at a later stage. In addition, land ownership or title issues are also common features of these agreements and we provide them with the necessary expertise. As a general rule, these legally binding agreements relate to infrastructure projects that allow access to a construction zone, such as roundabouts, marked intersections, right-hand turn lanes, new pedestrian crossings or priority intersections. They can also cover power diversions, drainage systems and public lighting. The procedure required to reach an agreement can take time and time, and it is therefore desirable to get in touch as soon as possible with the authority of the motorways. If the proposed infrastructure requires routine maintenance, the agreement procedure provides for the guarantee of a re-pending amount for the financing of the work. In addition to the work itself, the proponent may be required to bear the associated costs: the document is written by the lawyer of the local highway authority and issued to the developer`s lawyer in the form of design. The details of the agreement will then be agreed before the final document is finalized and signed by both parties before the start of field work. 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.
In cases where a highway system requires real estate developers to set up land under their control to accept it as public highways, please refer to Section 38 of the agreements. that, in the event that ongoing development work causes damage to the highways that we have already accepted and maintained, and within the development, we take steps to cover the costs of repairing damage in accordance with Section 59 of Highway 1980 – recovery of the costs associated with exceptional traffic After receiving your application and all the information required in the checklist , your request will be assigned to one of our highway agreement officers. Your official will send you an email to give additional instructions on the payment required to cover the pre-payment costs of the design registration fee and our administration fees. 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. Please note that the following taxes and charges are estimates and may vary depending on the technical complexity and size of the change. We confirm our estimate of the fees you must pay before granting the section 278 agreement. They may be held responsible for the additional costs incurred during or as a result of the work. If the promoter does not make agreed payments or if the work is not carried out in accordance with the agreement, the motorway authority has the power to close access to the site. 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.