Section Agreements Highways


    Planning and highway agreements, including Section 106 agreements, Section 278 agreements and Section 38 agreements. Here you can find information on agreements with the Secretary of State for Transportation under Section 278 of the Highways Act 1980. 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. 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. As a general rule, the proponent intends that once this work is completed, these new and/or modified highways will be taken over and maintained by the local motorway authority (LHA). As a result, the agreements concluded under Highway 1980 – particularly in this context, Sections 38 and 278 – are generally concluded between the LHA and the proponent to ensure the delivery of necessary or agreed-upon highway work to the necessary standards. Section 278 of the Highways Act 1980 allows a developer to carry out work on the public highway. This is generally necessary when the building permit has been issued for a building requiring improvements or modifications on public highways.

    To meet road network reservations, a digging permit is required for larger and smaller construction agreements that use the procedure provided for in point 111. 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. The provision of new roads and pedestrian pathways (together called “highways” in this practical note) is a common feature of many developments.