Negotiating a s 278 agreement—the Highway Agency's perspective
Produced in partnership with Sarah Griffin
Negotiating a s 278 agreement—the Highway Agency's perspective

The following Planning guidance note Produced in partnership with Sarah Griffin provides comprehensive and up to date legal information covering:

  • Negotiating a s 278 agreement—the Highway Agency's perspective
  • Preparatory stages
  • Insurance
  • Works timetable
  • Obtaining approvals and orders
  • Occupation
  • Fee
  • Inspection
  • Maintenance
  • Boilerplate

This note is based on the assumptions that:

  1. the developer is in control of the relevant land and has conveyed the necessary part of the land to Highways England (formerly the Highways Agency) (HE) for it to implement the works

  2. HE is the relevant authority and the works in question affect the strategic road network, and

  3. the reader is acting for HE

See Practice Note: Negotiating a s 278 agreement—the developer’s perspective is based on the assumption that the reading is acting for the developer.

Preparatory stages

HE is entitled to satisfy itself that measures have been identified to ameliorate the impact of a development. For example, pedestrianised crossings, signalised junctions to provide access onto the highway network, roundabouts and one way routes are commonly implemented.

It is advisable for HE to provide the first draft of the s 278 agreement. This ensures a level of consistency in HE’s dealings with different developers and avoids any risk of erroneously omitting any provisions which safeguard HE’s position.

Review the developer’s designs as early as possible. There are a number of steps that must be taken to complete the agreement and for and the relevant works to be carried out. HE will want to meet with the developer’s engineers and consultants at an early stage to understand the relevant plans, drawings and specifications in order