A section 278 agreement allows private developers to finance or complete work on public highways outside or outside the development site, such as. B reducing traffic and improving capacity. [3] The document is signed by the local road authority and the promoter to ensure that the work is completed to the satisfaction of the motorway authority. We are responsible for representing a parish council in a request to the Magistrateshof, which requires a district council (local motorway authority) to repair a pedestrian walkway on a public sidewalk. If you are a homebuyer, you may be exposed to serious financial risk in the absence of an agreement (or APC-deposit/bond). If your development requires that highway repairs be carried out, we can consult with the motorway authority on the terms of the agreement (and the commitment of the service). The first part contains sections 1 to 9 of the law. The legislation contained in these sections includes: Under the 1999 National Assembly Regulation for Wales (delegation of functions), most references to the “Minister” are adopted to include the National Assembly for Wales. The law is divided into 14 parts covering 345 sections, it also includes 25 calendars.
If you are a local highway authority and your improvement program requires the mandatory purchase of land (for example. B for a bypass/village), we have experience of the whole process, from the preparation and publication of the order to a public request. If you wish to apply for an DMMO to register a public priority right (“PRoW”) or change the status of pRoW recorder, we can advise you on the process, collection and presentation of the necessary supporting documents and how you can handle the local highway authority`s failure to determine the application. We have extensive practical experience with all highway infrastructure agreements in the context of significant commercial developments. This includes: If you are a builder or promoter, we can advise you on the terms of the agreement (and all related agreements) and the triggers for dedication and acceptance. If a highway or public broadcast rights require an investigation and/or expert analysis of historical maps or records (for example. B former order or case investigation cards), we may call upon the services of a specialist advisor with experience to appear as an expert before the Court of Justice, the High Court and the Court of Appeal. Under Section 38 of the Act, the road authority may enter into an agreement with a land developer on both sides or on both sides of a private road.
[2] The Authority may agree to take over the road as a motorway which is passable at public expense when all road works have been carried out to its satisfaction, and the promoter agrees to carry it out within a specified time frame.