Q&As

Are there any disadvantages for a local authority in securing contributions by neighbouring private developers by way of a s 278 agreement rather than a CPO indemnity agreement?

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Published on LexisPSL on 20/05/2016

The following Planning Q&A provides comprehensive and up to date legal information covering:

  • Are there any disadvantages for a local authority in securing contributions by neighbouring private developers by way of a s 278 agreement rather than a CPO indemnity agreement?

Are there any disadvantages for a local authority in securing contributions by neighbouring private developers by way of a s 278 agreement rather than a CPO indemnity agreement?

See the commentary in the ‘contributions’ subsection of Halsbury's Laws of England, available in the related documents to this Q&A, which explains that a highway authority may, if satisfied it will be of benefit to the public, enter into an agreement with any person: (1) for the execution by the authority of any works which the authority is or may be authorised to execute; or (2) for the execution by the authority of such works incorporating particular modifications, additions or features or at a particular time or in a particular manner, on terms that that person pays the whole or such part of the cost of the works as may be specified in or determined in accordance with the agreement.

The Highways Act 1980, s 278 (HiA 1980) allows a highway authority that is improving the highway to enter into an agreement with a person who would obtain some special benefit from the

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