Do section 278 works require planning permission?

Section 278 of the Highways Act 1980 allows a developer to carry out works to the public highway. This is generally necessary where planning permission has been granted for a development that requires improvements to, or changes to, public highways.

What is a Section 38 highways agreement?

A Section 38 agreement (or S38) is a section of the Highways Act 1980 that can be used when a developer proposes to construct a new estate road for residential, industrial or general purpose traffic that may be offered to the Highway Authority for adoption as a public highway.

What is section 58 highways Act?

Section 58 serves a two-fold purpose: it aims to prevent the street from being dug up within a short while of being resurfaced or reconstructed and it seeks to avoid repetitive disruption of traffic by works being carried out in the street.

What is a stopping up order?

The term ‘stopping up’ means that once such an order is made, the highway land will cease to be a highway, road or footpath. Stopping up orders are often made because the public highway is no longer necessary or to allow development to take place. Not all roads, streets or footpaths are public highways.

What is a section 278?

A section 278 agreement (or s278) is a section of the Highways Act 1980 that allows developers to enter into a legal agreement with the council (in our capacity as the Highway Authority) to make permanent alterations or improvements to a public highway, as part of a planning approval.

What happens if there is no Section 38 agreement?

In there is no Section 38 Agreement in place or there have been significant delays in adoption despite one, it is strongly recommended that the buyer, through their solicitor, retains some of the purchase price of the property to pay for possible road works in the future.

How long does a Section 38 agreement take?

There will generally be a 12 month maintenance period between the completion of the works and the adoption of the roads. If the development is phased, then adoption will generally take place after the final phase is completed.

What is a section 74 notice?

Section 74 was introduced in 2001 alongside EToN 2. Charges were introduced for unreasonably prolonged works with an initial charge of between £100 and £2500 per working day of overrun. Furthermore, the new legislation gave Highway Authorities the ability to assess and challenge durations on works notices via EToN.

Do you need planning permission to close a road?

The highway to be stopped up must be being developed upon and fall within the planning boundary or be a condition of the planning permission. The Order may also include the provision of new or improved highways as long as these also form part of the planning permission.

What are traffic regulation orders?

A Traffic Regulation Order (TRO) is a legal tool which allows a local authority, or a national park authority, to restrict, regulate or prevent the use of any named road. If the road is a footpath, bridleway, restricted byway or BOAT, then an order may also regulate or prohibit use by horse riders.

What is Section 278 of the Highways Act 1980?

Under section 278 of the Highways Act 1980, a local highways authority can enter into a legal agreement with a developer (in order to facilitate development) for the developer to either pay for, or make alterations or improvements to, the highway.

When did the National Highways Act of 1956 come into force?

(1) This Act may be called the National Highways Act, 1956. (2) It extends to the whole of India. (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.

Which is an example of a section 278 agreement?

A section 278 agreement (or s278) is a section of the Highways Act 1980 that allows developers to enter into a legal agreement with the local authority to make permanent alterations or improvements to a public highway, as part of a planning approval. Examples of work covered by a Section 278 (s278) include:

What was the federal aid road act of 1956?

Long title. An act to amend and supplement the Federal Aid Road Act approved July 11, 1916, to authorize appropriations for continuing the construction of highways; to amend the Internal Revenue Code of 1954 to provide additional revenue from taxes on motor fuel, tires, and trucks and buses; and for other purposes.