Section 278 Agreement Sample Contracts

HIGHWAYS AND ENGINEERING SECTION 278 WORKS UNDER THE HIGHWAYS ACT (1980) FULL SECTION 278 AGREEMENT WORKS PROCEDURE
Section 278 Agreement • June 26th, 2020

The Developer is to notify the Council of a requirement for work in the existing highway as part of the planning conditions for a development.

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Contract
Section 278 Agreement • April 18th, 2023
Record of officer decision
Section 278 Agreement • March 22nd, 2021

Decision title: Section 278 Agreement for Central Park, Kingstone by JHD Partnership Housing Ltd. Date of decision: 2nd Feb 2021 Decision maker: Engineering Manager Authority for delegated decision: Directorate scheme of delegation: updated 1 December 2020 Directorate: Economy and Place, section 76. To enter into agreements pursuant to Section 38 and Section278 of the Highways Act 1980, issue permissions under Section 184 and display notices under Section 228, including the power to determine the terms and conditions of the above. Ward: Wormside Consultation: The scope of works were established through the planning process. Decision made: For the Section 278 Agreement for Central Park, Kingstone by JHD Partnership Housing Ltd. to be signed and sealed by an authorised officer on behalf of Herefordshire Council. Reasons for decision: To secure adopted publicly maintained highway works constructed to the proper standards for the benefit of the community Highlight any associated risks/fina

Record of officer decision
Section 278 Agreement • November 2nd, 2020

Decision title: Section 278 Agreement for The Lakes, Stretton Sugwas by Oakwrights Date of decision: 8 October 2020 Decision maker: Engineering Manager Authority for delegated decision: Directorate scheme of delegation: updated 30 July 2020 Directorate: Economy and Place, section 76. To enter into agreements pursuant to Section 38 and Section278 of the Highways Act 1980, issue permissions under Section 184 and display notices under Section 228, including the power to determine the terms and conditions of the above. Ward: Credenhill Consultation: The scope of works were established through the planning process. Decision made: For the Section 278 Agreement for The Lakes, Stretton Sugwas by Oakwrights to be signed and sealed by an authorised officer on behalf of Herefordshire Council. Reasons for decision: To secure adopted publicly maintained highway works constructed to the proper standards for the benefit of the community Highlight any associated risks/finance/legal/equalityconsiderati

PLANNING & DEVELOPMENT
Section 278 Agreement • August 21st, 2020
AGREEMENT BY DEED UNDER SECTION 278
Section 278 Agreement • December 19th, 2014

A The Developer has applied for a development consent order pursuant to Section 37 of the Planning Act 2008 to enable it to carry out the construction and operation of a rail freight interchange and highway related development with associated development which includes the Works on land at Junction 24 of the M1 Motorway.

ST. HELENS BOROUGH COUNCIL
Section 278 Agreement • April 12th, 2010
Record of officer decision
Section 278 Agreement • May 28th, 2019

Decision title: Section 278 Agreement for improvements to C1190 at Stretton Sugwas by Oakwrights Date of decision: 28 May 2019 Decision maker: Acting Assistant Director Highways & Transport Authority for delegated decision: Directorate scheme of delegation: updated 1 November 2018 Directorate: Economy and Place, section 61.To act on behalf of the council in respect of the legislation specified in the foregoing:Traffic Management Act 2004, Road Traffic Act 1988 Acting Assistant Director for Highways and Transport (Traffic Manager designate) and The Traffic Manager may in making arrangements to ensure that the authority has: (a) determined specific policies or objectives in relation to different roads or classes of road in their road network; (b) monitored the effectiveness of – 117 Ward: Credenhill Consultation: N/A Decision made: For the above to be signed and sealed by an authorised officer on behalf of Herefordshire Council to complete an Agreement under Section 278 Agreement Highway

PRECEDENT S278 AGREEMENT – COUNCIL DESIGNING AND INSPECTING THE WORKS WITH DEVELOPER PROCURING THE WORKS
Section 278 Agreement • March 28th, 2011 • England and Wales
Contract
Section 278 Agreement • February 24th, 2017
LEEDS CITY COUNCIL
Section 278 Agreement • November 30th, 2012

In pursuance of Section 111 of the Local Government Act 1972 Sections 278 of the Highways Act 1980 and of all other enabling powers IT IS AGREED AND DECLARED as follows:

BRIEFING NOTE ‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌
Section 278 Agreement • October 28th, 2020

As per the 5 July 2016 Section 106 Agreement, two separate S278 Agreements are to be entered into: one for the healthcare element and another for the residential element.‌‌‌

S278 Agreements
Section 278 Agreement • November 17th, 2020

Only the Highway Authority is permitted to carry out works to the public highway. However, Section 278 of the 1980 Highways Act allows for the carrying out of works to the public highway for the benefit of a third party on behalf of the Highway Authority, where the Highway Authority is satisfied that the works are to the benefit of the public.

Request 6804 – Section 278 agreement
Section 278 Agreement • March 2nd, 2020

(SCDC) Section 278 agreement for S/2584/17/RM and S/4692/18/VC This request is a follow-up to Request for Information number 6591. Please provide the following information in a digital format (e.g. text or PDF) that is searchable (unless truly impractical, in which case provide it in its original digital format or as close as reasonably possible, or scanned if it was not originally in digital format): 1. Drawings and agreements made under Section 278 regarding works to the public highway related to planning applications S/2584/17/RM and S/4692/18/VC. 2. Drawing 150-2017-CD-02P7 and all of the attachments to the email dated '20 September 2019 14:59' in the document '6591 Redacted 8.pdf' as found in Request for Information 6591.

Record of officer decision
Section 278 Agreement • November 4th, 2019

Decision title: Section 278 Agreement for Footway improvements at Alban House, East Street, Hereford by C J Bayliss Date of decision: 25 October 2019 Decision maker: Engineering Manager Authority for delegated decision: Directorate scheme of delegation: updated 1 November 2018 Directorate: Economy and Place, section 70.To enter into agreements pursuant to Section 38, Section 184 and Section 278 of the Highways Act 1980, including the power to determine the terms and conditions of such agreements.Acting Assistant Director for Highways and Transport (Traffic Manager designate), Head of Infrastructure Delivery, Engineering Ward: Central Consultation: N/A Decision made: For the Section 278 Agreement for Footway improvements at Alban House, East Street, Hereford by C J Bayliss to be signed and sealed by an authorised officer on behalf of Herefordshire Council to complete an Agreement under Section 278 Agreement Highways Act 1980. Reasons for decision: To secure adopted publicly maintained h

Frequently Asked Questions
Section 278 Agreement • May 5th, 2020
Co-op Retail Store / Residential Scheme
Section 278 Agreement • March 22nd, 2018

Project: Co-op Retail Store / Residential SchemeSection 278 Agreement Works Location: Papplewick Lane, Hucknall, Nottingham Client: Newcrest Developments Local Authority: Nottinghamshire County Council Brief: Provision of Civil Engineering Design Services in accordance with NCC Requirements as part of a Section 278 Agreement Works.

Record of officer decision
Section 278 Agreement • August 16th, 2019

Decision title: Section 278 Agreement for extensive alterations to the A40 at Three Crosses, Ross by Edenstone Homes Date of decision: 5th Aug 2019 Decision maker: Acting Assistant Director Highways & Transport Authority for delegated decision: Directorate scheme of delegation: updated 1 November 2018 Directorate: Economy and Place, section 61.To act on behalf of the council in respect of the legislation specified in the foregoing:Traffic Management Act 2004, Road Traffic Act 1988 Acting Assistant Director for Highways and Transport (Traffic Manager designate) and The Traffic Manager may in making arrangements to ensure that the authority has: (a) determined specific policies or objectives in relation to different roads or classes of road in their road network; (b) monitored the effectiveness of – 117 Ward: Ross North Consultation: N/A Decision made: For the above to be signed and sealed by an authorised officer on behalf of Herefordshire Council to complete an Agreement under Section

Contract
Section 278 Agreement • February 24th, 2017
DATED the day of 20
Section 278 Agreement • July 15th, 2022 • England and Wales

The Council is the Local Planning Authority for the purposes of the Town and Country Planning Act 1990 and the Highway Authority for the purposes of the Highways Act 1980

Record of officer decision
Section 278 Agreement • May 8th, 2019

Decision title: Section 278 Agreement for Puffin Crossing and footway improvements on A438 Bartestree – Crest Homes Date of decision: 8 May 2019 Decision maker: Acting Assistant Director Highways & Transport Authority for delegated decision: Directorate scheme of delegation: updated 1 November 2018 Directorate: Economy and Place, section 61.To act on behalf of the council in respect of the legislation specified in the foregoing:Traffic Management Act 2004, Road Traffic Act 1988 Acting Assistant Director for Highways and Transport (Traffic Manager designate) and The Traffic Manager may in making arrangements to ensure that the authority has: (a) determined specific policies or objectives in relation to different roads or classes of road in their road network; (b) monitored the effectiveness of – 117 Ward: Hagley Consultation: N/A Decision made: For the above to be signed and sealed by an authorised officer on behalf of Herefordshire Council to complete an Agreement under Section 278 Agr

CONDITION 12
Section 278 Agreement • November 22nd, 2012

An agreement under Section 278 of the highways Act 1980 shall be competed by the applicant (CNT and Omega Warrington Ltd) and the local planning authority, in order to facilitate necessary off site highway works. No development shall commence above the agreed floorspace triggers detailed in the Section 106 Agreement relating to this permission and listed in the Section 106 Agreement relating to this permission and listed in the 3rd column of the table below until the corresponding Section 278 schemes of works described in the 1st and 2nd columns of the table have been completed:

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Record of officer decision
Section 278 Agreement • December 24th, 2020

Decision title: Section 278 Agreement for Little Tarrington Common Rd by Bell Homes Date of decision: 25 November 2020 Decision maker: Engineering Manager Authority for delegated decision: Directorate scheme of delegation: updated 4 November 2020 Directorate: Economy and Place, section 76. To enter into agreements pursuant to Section 38 and Section278 of the Highways Act 1980, issue permissions under Section 184 and display notices under Section 228, including the power to determine the terms and conditions of the above. Ward: Backbury Consultation: The scope of works were established through the planning process. Decision made: For the Section 278 Agreement for Little Tarrington Common Rd by Bell Homes to be signed and sealed by an authorised officer on behalf of Herefordshire Council. Reasons for decision: To secure adopted publicly maintained highway works constructed to the proper standards for the benefit of the community Highlight any associated risks/finance/legal/equalityconsid

The Highways Agency and the section 278 agreement process
Section 278 Agreement • June 4th, 2014

The Highways Agency is an Executive Agency of the Department for Transport (DfT), and is responsible for operating, maintaining and improving the strategic road network in England on behalf of the Secretary of State for Transport.

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