The following Planning Q&A produced in partnership with Emily Knowles of Sharpe Pritchard provides comprehensive and up to date legal information covering:
Under section 278 of the Highways Act 1980 (HiA 1980), a highways authority can enter into an agreement with a developer to facilitate development on adopted public highway. Under the agreement, the works may be carried out by the developer, or the agreement can be used as a funding mechanism for the highway authority to carry out the works. A section 278 agreement is often linked to a planning permission and associated agreement made under section 106 of the Town and Country Planning Act 1990 (TCPA 1990), but this is not necessarily the case.
HiA 1980, s 278 says the highway authority may enter into an agreement with 'any person'—usually the developer of the associated planning permission. However, while a section 106 agreement binds the land on which the development is carried out and therefore binds landowners, a section 278 agreement relates to works on the highway and not the land on which the associated development (if any) is being carried out. As
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