Q&As

Does a party to a section 278 agreement under the Highways Act 1980 need to have an interest in land?

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Produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys
Published on LexisPSL on 15/12/2017

The following Local Government Q&A produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys provides comprehensive and up to date legal information covering:

  • Does a party to a section 278 agreement under the Highways Act 1980 need to have an interest in land?

Does a party to a section 278 agreement under the Highways Act 1980 need to have an interest in land?

In answering this Q&A, we have considered whether the parties to a section 278 agreement need to have an interest in the land.

A section 278 agreement under the Highways Act 1980 (HiA 1980) is an agreement relating to the carrying out of highways works which are entirely within the existing adopted highway. For further information, see Practice Note: Highways—adoption agreements.

A section 278 agreement would usually be requested by a developer who requires the highways works to be completed in order to develop a nearby site. These works may involve the creation of a new access to a site from an existing highway, or may involve the carrying out of capacity improvement or highways safety work to accommodate the increase in traffic in the locality resulting from the development.

Unlike section 38

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