The development planning request generally defines the principles of the work required. The motorway authority cannot then refuse to enter into an agreement for the promoter to carry out the authorized work as long as the work complies with the appropriate standards. A Section 278 (or S278) agreement is a section of Highway 1980 that allows developers to enter into a legal agreement with the Council (as a Highway Authority) to make permanent modifications or improvements to a public highway as part of a plan. If the proposed infrastructure requires routine maintenance, the agreement procedure provides for the guarantee of a re-pending amount for the financing of the work. The design of the construction will be defined during the design phase, including the type of crossing required to allow access to the public highway, as well as the proposed configuration of inland roads. Once the building permit has been obtained, the local planning authority cannot refuse to enter into an agreement for the developer to carry out the necessary road works to facilitate their development, provided that all appropriate planning and safety standards are fully respected and respected. We have specific action expertise for owners and developers in sections 278 and 38 and can assist in the drafting, verification and negotiation of these documents. We know that there can often be time constraints in concluding these agreements, as they have a direct impact on development progress, and we recognize the need for rapid action. The document is prepared by the lawyer of the local highway authority and issued to the developer`s lawyer in the form of design.
The details of the agreement will then be agreed before the final document is finalized and signed by both parties before the start of field work. As a general rule, these legally binding agreements relate to infrastructure projects that allow access to a construction zone, such as roundabouts, marked intersections, right-hand turn lanes, new pedestrian crossings or priority intersections. They can also cover power diversions, drainage systems and public lighting.