Section 38/278 Agreement (Highways Act 1980) – A Brief Overview
The Section 38/278 Agreement, also known as the Highways Act 1980, is a legal document that governs the construction, adoption, and maintenance of highways and associated facilities. This agreement is an essential regulatory tool that ensures the safe and efficient management of highways, roads, and other transportation infrastructures.
What is a Section 38/278 Agreement?
A Section 38/278 Agreement is a legal agreement between a local highway authority and a developer that sets out the required standards for constructing roads and other associated facilities, such as footpaths, cycle paths, and street lighting systems. This agreement is necessary for new developments that require the construction of new roads or the improvement of existing roads.
Section 38 of the Highways Act 1980 governs the construction of new roads, while Section 278 covers the improvement of existing roads. The agreement sets out the specific requirements for the construction or improvement of highways, including the materials to be used, the depth of construction, the design of road junctions, and other related factors.
Why is a Section 38/278 Agreement important?
The Section 38/278 Agreement is essential for new developments as it ensures that the construction of new roads or the improvements to existing ones meet the required standards. This agreement is designed to protect the public, ensuring that the new or improved roads are safe and efficient for road users.
Furthermore, it also protects the interests of the local highway authority, ensuring that the developer bears the cost of constructing or improving the roads and associated facilities. The agreement also outlines the responsibilities of both parties, ensuring that any disputes that may arise are resolved through a prescribed mechanism.
How is a Section 38/278 Agreement formed?
The process of forming a Section 38/278 Agreement typically begins when the developer submits a planning application to the relevant local authority. The local authority will then review the application and assess the impact of the proposed development on the existing infrastructure, including the highways.
If the local authority deems the development will have an impact on the existing highways, they will require the developer to enter into a Section 38/278 Agreement. The agreement will outline the standard of works required, the costs, and the mechanism for resolving any disputes that may arise.
Conclusion
The Section 38/278 Agreement is an essential regulatory tool that ensures the safe and efficient management of highways, roads, and other transportation infrastructures. It is necessary for new developments that require the construction of new roads or the improvement of existing roads. This agreement outlines the specific requirements for the construction or improvement of highways, including the materials to be used, the depth of construction, the design of road junctions, and other related factors. Its formation process begins when the developer submits a planning application to the relevant local authority. The agreement is critical to protecting the public and ensuring that the new or improved roads are safe and efficient for road users, while also protecting the local highway authority`s interests.