Do Section 278 Agreements Run With The Land
Customer teams facing a request to stop the highway may wish to object to this application. The key message behind each objection is to prove that the highway is necessary. The process used to get the stop order determines the exact test you need to perform and who you need to convince. 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. « A motorway authority can, if they are satisfied that it will be useful to the public, reach an agreement with each person – the agreement sets out the requirements applicable to both local road authorities and the developer to ensure that the proposed works are carried out in accordance with the approved designs. It also explains how local road authorities can act if the developer is unable to complete the work. In addition to the work itself, the proponent may be required to support the application of the development-related design, generally defining the principles of the necessary work. 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. Here you can find information on agreements with the Secretary of State for Transportation under Section 278 of the Highways Act 1980.
We advised the landowners ap. I .C. and their teams of advisors to take the following steps to prevent motorway rights from occurring over time: in the latter case, the proponent develops the detailed project according to the applicable design standards and submits it to the local road authority for technical approval, after which they are submitted to the local planning authority in the first phase of the implementation of the planning condition. Alarmingly, the alleged highway is not disclosed on the results of a search of the index card by the land registry. This is because land classified as highways (whether public or private) does not change ownership of the land. Moreover, and perhaps even more surprising, it is that, in some cases, private highways are not even provided by the motorway authority in the results of the search for highways. Therefore, those conducting on-site inspections should ensure that all crossing roads or « shortcuts » used by the public in the field are identified during due diligence. A Section 278 (or S278) agreement is a section of Highway 1980 that allows developers to enter into a legal agreement with the Council (as a Highway Authority) to make permanent modifications or improvements to a public highway as part of a plan. In our experience, it is important to also consider the introduction of the highway as a buyer, because if you buy a property on a new property with new inland roads and these roads are not up to standard, maintenance will not be the responsibility of the highway authority, but you and your neighbours could remain responsible for the maintenance of that road.