Introduction
New development will be expected to be designed and built to provide all users of the highway within and surrounding the development with safe secure and convenient access and movement.
If a development is not suitably served by the existing highway or would create or add to problems of safety or the efficiency of the highway for users, the Council will expect developers to take mitigating action to make sure the necessary improvements go ahead. This will be facilitated by section 278 of the Highways Act 1980.
Section 278 Highways Act 1980
Section 278 of the Highways Act 1980 enables a highway authority to enter into an agreement (S278 Agreement) with a third party to deliver improvements to the existing public highway. A S278 Agreement is usually necessary where planning permission has been granted for a development that requires improvements, or changes, to the existing publicly maintained highway.
Section 278 of the Highways Act 1980 (as amended by New Roads and Street Works Act 1991) can be found at
https://www.legislation.gov.uk and sets out the following:
278 — Agreements as to execution of works.
A highway authority may, if they are satisfied it will be of benefit to the public, enter into an agreement with any person: a) For the execution by the authority of any works which the authority are or may be authorised to execute, or b) 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.
Without prejudice to the generality of the reference in subsection (1) to the cost of the works, that reference shall be taken to include: a) The whole of the costs incurred by the highway authority in or in connection with: i) The making of the agreement, ii) The making or confirmation of any scheme or order required for the purposes of the works, iii) The granting of any authorisation, permission or consent required for the purposes of the works, and iv) The acquisition by the authority of any land required for the purposes of the works; and b) All relevant administrative expenses of the highway authority, including an appropriate sum in respect of general staff costs and overheads.
The agreement may also provide for the making to the highway authority of payments in respect of the maintenance of the works to which the agreement relates and may contain such incidental and consequential provisions as appear to the highway authority to be necessary or expedient for the purposes of the agreement.
The fact that works are to be executed in pursuance of an agreement under this section does not affect the power of the authority to acquire land, by agreement or compulsorily, for the purposes of the works.
If any amount due to a highway authority in pursuance of an agreement under this section is not paid in accordance with the agreement, the authority may: a) Direct that any means of access or other facility afforded by the works to which the agreement relates shall not be used until that amount has been paid, b) Recover that amount from any person having an estate or interest in any land for the benefit of which any such means of access or other facility is afforded, and c) Declare that amount to be a charge on any such land (identifying it) and on all estates and interests therein.
If it appears to the highway authority that a direction under subsection (5)(a) is not being complied with, the authority may execute such works as are necessary to stop up the means of access or deny the facility, as the case may be, and may for that purpose enter any land.
Where a highway authority recovers an amount from a person by virtue of subsection (5)(b), he may in turn recover from any other person having an estate or interest in land for the benefit of which the means of access or other facility was afforded such contribution as may be found by the court to be just and equitable. This does not affect the right of any of those persons to recover from the person liable under the agreement the amount which they are made to pay.
The Local Land Charges Act 1975 applies in relation to a charge under subsection (5)(c) in favour of the Secretary of State as in relation to a charge in favour of a local authority.
The purpose of this document is to guide developers through the S278 Agreement process and ensure that highway works are delivered to the satisfaction of all parties. The guide outlines what Developers and the Council can expect from each other.
A S278 agreement typically deals with things such as:
- new junctions, with or without traffic lights;
- roundabouts;
- right turn lanes
- improved facilities for pedestrians and cyclists;
- improvements to existing junctions;
- traffic calming measures;
- widened carriageway and/or footway
- changes to existing or introduction of new traffic restrictions
The public highway is an asset which is maintained at the public expense. The Council, as the Highway Authority, has a statutory duty to ensure the highway is in a safe condition for the public to use. Therefore, any works which interfere with the highway must be properly regulated. The developer will be responsible for funding the full costs of the works, including the design check by the Council’s Highways Officer, commissioning and responding to any required safety audits, the costs of any land acquisitions, site inspections by the Council’s Highways Officer, costs incurred for temporary traffic management, the Council’s legal fees, a contribution, in certain circumstances, towards the increased maintenance liability of the Council as a consequence of the works, all statutory notifications, and the costs of any works to statutory undertaker’s apparatus. The developer will also need to provide a surety or cash deposit to guarantee the carrying out of the developer’s obligations, have suitable public liability insurance and indemnify the Council against any costs claims or actions against it as a consequence of the works.
Currently, in all circumstances, for s278 works to be carried out, the Council authorises the developer to carry the works out itself utilising their contractor.
Section 278 Agreement Procedure
The Developer is to notify the Council of a requirement for work in the existing highway as part of the planning conditions for a development.
The Council will check the planning conditions and provisionally advise the Developer if works are required utilising a S278 Agreement.
The process to be followed if no Traffic Regulation Order (TRO) is involved is:
- Initial contact
Questionnaire sent to the developer and returned to the Council
- Agreement drafted and sealed, legal fee paid
- Fees, commuted sums and other deposits paid
- Designs and specifications and other documents submitted for approval and comments returned including:
- Design checks for highway structures submitted and signed (if applicable)
- Traffic Modelling (if applicable)
- Road safety audits and designer’s responses
- Drainage Consents and permissions (if applicable)
- Technical Approval granted.
- Programme approved and associated permits granted, residents and business notified. TTRO’s obtained if applicable.
- All statutory processes completed including HSE updated notification, and insurances in place
- Construction works undertaken on site inspected by the Council
- Stage 3 road safety audit and amendments
- Provisional Completion Certificate issued
- Maintenance (defects correction) period, release of 90% of surety bond value
- Final ‘snagging’ on site
- Financial reconciliation, final payments (if applicable), as built plans, Health and Safety file
- Final Completion Certificate
If the Developer wishes to undertake design checks and thereby achieve technical approval prior to the formal completion of the agreement due to specific planning conditions then this can be accommodated if a design check deposit is made in advance. The deposit will be one half of the design check and inspection fee. In these circumstances (and in circumstances where a TRO is involved) the process to be followed is:
- Initial contact
- Questionnaire sent to the developer with request for advance payment deposit, and returned to the Council
- Designs and specifications and other documents submitted for approval and comments returned including:
- Design checks for highway structures submitted and signed (if applicable)
- Traffic Modelling (if applicable)
- Road safety audits and designer’s responses
- Drainage Consents and permissions (if applicable)
- Technical Approval granted.
- Traffic Regulation Order’s (if applicable) confirmed
- Agreement drafted and sealed, legal fee paid.
- Fees, commuted sums and other deposits paid (adjusted for the initial deposit)
- Programme approved and associated permits granted, residents and business notified. TTRO’s obtained if applicable.
- All other statutory processes completed including HSE updated notification and insurances in place
- Construction works undertaken on site inspected by the Council
- Stage 3 road safety and amendments
- Provisional Completion Certificate issued
- Maintenance (defects correction) period, release of 90% of surety bond value
- Final ‘snagging’ on site.
- Financial reconciliation, final payments (if applicable), as built plans, Health and Safety file
- Final Completion Certificate.
The Developer will be issued with a questionnaire requesting information necessary for the drafting of a S278 Agreement including details of the parties involved. (A copy of the questionnaire is attached at Appendix 1).
The Developer is to fill in the questionnaire as far as possible and return it to the Council.
Following the receipt of the questionnaire the Council will calculate and invoice a design check deposit if requested by the developer.
The Council will send a copy of the standard form of the S278 Agreement to the developer for information.
The Developer shall notify the Council of the identity of the Designer they propose to appoint for the works.
The Council will allow street lighting design to be undertaken directly with the Council’s internal street lighting section. Should the Developer wish to utilise the internal service then this should be highlighted on the questionnaire.
The Developer is to submit drawings, specifications, reports and other documents for the Section 278 works. These documents should provide all the technical information necessary to construct the works. The Council shall check the details provided and inform the Designer and Developer as to whether they are satisfactory. In the event of the design being unsatisfactory, the Council shall notify the Developer of any additional information required along with advice with regards to details that require revision, amplification or deletion. The process of design submission and checking shall continue until the Council is satisfied that the design satisfies the requirements of the relevant planning conditions, design standards and provides sufficient technical information to allow the works to be constructed.
The Developer shall also submit a plan showing the extent of land in his ownership. This plan should ideally be a copy of a Land Registry drawing. The Developer shall also submit a plan showing the development site with the planning consent boundary edged in red and the extent of any land to be dedicated as highway edged in blue.
Upon approval of the drawings and specifications, the Developer shall submit a detailed cost estimate for the section 278 works for the Council’s approval. The Council shall assess and approve the estimate once it is satisfied that the estimate accurately reflects the cost of the works.
The approved estimate shall form the surety value in the agreement and therefore be the basis of the calculation of the Council’s design checking and inspection deposit for the works – the ‘Supervision Fee’. The Supervision Fee will be estimated at 8.5% of the surety value required for the scheme, and then adjusted for specific elements as set out in this guidance document. In the event of the Supervision Fee being exceeded, the Council will notify the Developer and will request payment of any additional costs that it incurs. (see also 3.29).
The Council will advise the Developer as to the requirements for Road Safety Audits (RSA) for each scheme. The Developer is responsible for ordering and paying for the audits. The Developer shall supply copies of the RSA reports to the Council and ensure that any recommendations are incorporated into the design except when agreed not to do so by the Council, through the safety audit process.
In the event of Traffic Regulation Orders (TROs) being required for the scheme, the Council shall carry out the necessary procedures and the Developer shall pay for the services provided. These costs will form part of the supervision fee. Please note the Developer should highlight the need for a TRO as early as possible in order to establish timescales due to workload and consultation for all TRO’s as these can be significant. (see also 3.52)
The Developer shall pay the Council’s legal fees for drawing up the S278 Agreements currently £900 unless the matter is particularly complex, in which case the Council will notify the Developer of the fee to be charged.
If the scheme involves the installation of traffic signals, including traffic light controlled crossings, zebra crossings, retaining walls, flow control devices, flow attenuation tanks or soakaways, the Developer will be required to pay a commuted sum for future maintenance of the installations for an agreed number of years. Other facilities and installations may attract commuted sum if they were only required as a result of the Developers’ design proposals, for example high quality street furniture. Requirements for commuted sums shall be set out in the S278 Agreement. (see also 3.50)
The Developer or Designer shall liaise with the Council’s Street Lighting section with regard to any lighting issues associated with the Section 278 works.
The Developer is responsible for liaising with Statutory Undertakers and shall make all arrangements and pay for all service diversions or protective measures that are required for the Section 278 works. All statutory undertakers’ protection and diversion costs are to be identified prior to the completion of the S278 Agreement.
The Developer will be required to provide a surety in the sum of 100% of the estimated cost of the section 278 works plus the cost of any necessary diversion and/or protection works required by statutory undertakers if these have not been paid for in advance. The surety and any commuted sums are to be provided prior to the commencement of the works. An agreed cash deposit may be provided as an alternative to a surety in the case of lower value schemes.
The Developer shall supply details of the Contractor they propose to use to construct the works. The Contractor will be required to be accredited under the Contractors Health and Safety Assessment Scheme (CHAS). Details of CHAS can be obtained at https://www.chas.co.uk/.
No section 278 work is to commence in the public highway until the S278 Agreement is completed. The Developer must pay the supervision fee set out in the agreement to the Council before the commencement of any work.
The S278 Agreement may also include provisions relating to the approval of contractors, programmes, carriageway pre-start inspection surveys and traffic management arrangements. Any such requirements shall also be met prior to the commencement of any work
The Developer or his contractor should keep any local residents or businesses affected by the Section 278 works, informed of the proposals. Methods of communication should be proportionate to the scope of the S278 works and typically range from ‘letter drop’ for smaller schemes to newsletters and community meetings / events for larger schemes.
The Developer should be aware that entering into a S278 Agreement does not relieve him of any obligations under the Traffic Management Act.
The Council shall supervise the quality of the on-site work. It should be emphasised that the Council is only concerned that the works are built in accordance with the details in the S278 Agreement or such variations as may be agreed. The Council shall communicate only with the Developer (or appointed agent) and will not instruct the Contractor.
Upon the satisfactory completion of the work, the Council shall issue a provisional completion certificate to the Developer in line with the provisions of the s278 agreement. The effect of the provisional completion certificate will be to reduce the surety sum to 10% of its original value. The Developer should notify the surety provider. If a cash deposit has been provided 90 % of the original value will be refunded to the Developer.
A maintenance period of one year will commence from the date of the completion certificate. Shortly before the expiration of the maintenance period, the Developer should request an inspection of the works. The Council will arrange an inspection and give the Developer a list of any defects to be rectified. Upon the satisfactory completion of any remedial works, the Council shall issue a final certificate in line with the provisions of the s278 agreement. The remaining 10% of the bond shall be released at this stage. The Developer shall not discharge the Contractor from his obligations until the Council issues the final certificate.
The Developer must pay the actual costs which the Council incurs in the preparation, management and administration of the S278 Agreement, which will typically include the following:
- Preparing, executing and managing the agreement and any subsidiary agreements;
- Design checks;
- Technical Approval; and
- Inspecting the works on site.
Separate additional costs will be incurred by the Council for exceptional items, including:
- Traffic Regulation Orders
- Technical approval of Structures
- Soft Landscaping
- Traffic Signals Modelling
These will be reimbursed by the Developer through the S278 agreement.
Other Highway Authorities
The National Highways Guide, which establishes the general approach to the S278 process and the most common mechanism for procuring works associated with the Strategic Road Network, in particular, Paragraphs 131 – 142 cover third party funding agreements including S278 Agreements. Where possible, in situations where the S278 involves both National Highways and the Local Highway authority, a single s278 agreement will be proposed with both bodies working collaboratively on the agreed mitigation. A subsidiary agreement under Section 4 or Section 6 of the Highways Act 1980 is likely to be required in these circumstances. As such, it is recommended that developers contact the relevant National Highways regional planning team for further information regarding third party funding for highways mitigation. A similar process will be employed where works affect two Local Highway authorities with a subsidiary agreement under section 8 of the Highways Act.
It may be necessary in some instances to dedicate within the agreement new highway for adoption through the s278 agreement where they are immediately adjacent to the proposed works.
Developer Responsibility
Before the S278 Agreement can be signed, the Developer must provide evidence to the Council that the Health and Safety Executive (HSE) has been informed that they are the Client for the highway works in accordance with the Construction (Design and Management) Regulations 2015 (CDM 2015) for all notifiable works. The Developer must inform the Council when they have appointed a Principal Designer for the project. The Developer must commission a competent external Road Safety Auditor, and the same auditor should be retained for all subsequent audit stages.
Notices, Permits, Licences & Other Agreements
Where it is proposed to carry out any work on the public highway the Developer will need a number of other consents, namely:
(a) Permit Scheme Notice (Traffic Management Act 2004 – Part 3) [TMA] required for all works.
The Developer will need to apply to the Council for a permit to undertake any works or any enabling works such as ‘trial holes’ on the Adopted Highway in advance of the works starting. This is required to ensure that the Council can identify causes, or potential causes, of road congestion or other disruption to the movement of traffic on their road network, including the management of its own works for road purposes. The application will be made initially to the Highways Development Management S278 Engineer who will liaise with the Council’s Network Management team to lodge the permit applications and receive notification of approval.
The advance notice period varies due to the size, scope and duration of the activities being undertaken. The main activity designations are:
- Major Activities
- activity duration (11 days or more)
- initial notice period (3 months for Provisional Advance Authorisation); and
- permit application (10 days before starting on site)
- Standard Activities
- activity duration (4 to10 days); and
- notice period (10 days before starting on site).
- Minor Activities
- activity duration (3 days or less)
- notice period (3 days before starting on site)
- Immediate Activities
- activity definition – emergency
- notice period (within 2 hours with explanation why)
Other consents that may be required are:
(b) Section 171 Licence (Highways Act 1980) [S171]
Before any works are carried out on or adjacent to the Adopted Highway the Developer is required to obtain a licence from the Council (section 171 Licence). This licence permits the Developer and his contractors to undertake works on or adjacent to the highway with the approval of the Council acting as the Highway Authority. These are obtained direct from the Councils Network Management team.
(c) Section 14 (1) Traffic Regulation Act 1984
If it is necessary to close the Adopted Highway or introduce a speed limit or other restriction temporarily to enable the works to be carried out safely the Developer must make a separate application to the Council for a Temporary Traffic Regulation Order (TTRO). Similarly, these are obtained from the Council’s Network Management team who need a minimum of 8 weeks’ notice.
(d) Section 184 Licence (Highways Act 1980) [S184]
If a Developer requires the construction of a new site access or requires alterations to an existing site access in advance of the main works under a S278 or S38 Agreement, the Developer must obtain prior approval of the Council under section 184 of the Highways Act 1980. In certain circumstance planning approval may also be required. The scope of these works may, in some instances, be extended to cover other minor works like re-positioning a road gully or a street lighting column.
The Council will check the Developer’s design and inspect the S184 works. The Developer will pay all the Council costs associated with the licence.
A S184 Agreement is appropriate where a developer intends to construct an access on to the Adopted Highway of a higher specification than a simple dropped footway or verge crossing, such as “bell mouth” junctions or heavy duty industrial types of access - and that such works are the only works required within the highway to enable a development.
(e) Section 50 Licence (New Roads & Street Works Act 1991) [NRASWA]
If a development requires works within the Adopted Highway to excavate, or break through it to work on or install new apparatus, the Developer must apply to the Council for a Section 50 Licence (NRSWA).
When applying for a Section 50 Licence (S50) the Developer must be aware of the following:
- Those granted a S50 Licence become "works undertakers" (for the purposes of NRSWA), and because of that take on responsibility for carrying out the duties and responsibilities imposed by the Act and its associated Codes of Practice.
- If the Developer is unfamiliar with the NRASWA requirements they must appoint a contractor with the proper knowledge and accreditation, who can ensure that the works are conducted properly. An appointed contractor lacking the proper knowledge or accreditation will not be allowed to work within the Adopted Highway.
- Within NRASWA, as the licence holder the Developer may incur financial penalties if they do not meet the necessary statutory duties and licence conditions. This liability cannot be delegated to any other person or organisation.
- The requirement to get a S50 Licence applies to any person or organisation (other than anyone acting under a statutory right) who wishes to place, retain and subsequently inspect, maintain, adjust, repair, alter, or renew apparatus or change its position, or remove it from the highway. This includes drains, cables, ducts, sewer pipes, water and gas pipes under, over, across, along, or upon the Adopted Highway.
- The Developer must apply for a S50 Licence prior to the proposed works start. The guidance given here does not describe all the requirements of the licence.
(f) Section 58 Notice (New Roads & Street Works Act 1991) [S58, NRASWA]
The Council will on behalf of the Developer in advance of any proposed works on the Adopted Highway give the relevant notice to all Statutory Undertakers in advance of any proposed works on particular streets to ensure recently resurfaced or reconstructed streets will not be affected by subsequent works undertaken by others. Notification should be submitted as soon as the scope of the required S278 works is known. The longer the notice period the more likely any programmed statutory undertakers works can be accommodated to suit the Developer’s programme of delivery.
The period of time from the completion of the works when other works cannot be undertaken depends upon the classification of the street and its traffic sensitivity designation.
Finance
The Developer is required to provide a surety in favour of the Council which is sufficient to cover the cost of the S278 highway works. This Bond ensures that the Council (the public purse) does not incur any costs.
In the event the Developer defaults the Council can call on the surety and use the monies to complete the works itself.
Cash deposits are accepted as an alternative to a surety for schemes.
The S278 Agreement must be completed and the relevant deposits and commuted sums paid to the Council prior to any works commencing on site.
Commuted Sums
Commuted Sums are necessary when any development increases the Council’s future maintenance liability. Typical circumstances where this may occur are:
- Maintenance costs for any construction that is not required for the safe and satisfactory functioning of the Adopted Highway (including alterations to the existing highway which are only required to serve the development) with no general benefits;
- Maintenance costs for additional features, such as highway structures, additional street lighting, traffic signal installations, non-essential street furniture/ fencing/walls, public transport infrastructure and landscaping;
- Additional maintenance costs for permitted alternative materials and features, for example, higher quality paving materials, bespoke street furniture, exceeding the Council’s standard specification, and
- Provision of SUDS (such as flow-attenuation devices, swales and storage areas).
Developers should discuss the requirement for commuted sums with the Council, ideally during preplanning application discussions, in advance of a formal Planning Application being submitted.
The Commuted Sums need to reflect the date of the agreement and the date of the maintenance items being included to ensure that the need to apply any necessary index linking in respect of the date of the S278 Agreement has been applied.
Highway Design
Developers should have access to the Council’s “South Yorkshire Residential Design Guidance” document, Manual for Streets, the Design Manual for Roads and Bridges and the South Yorkshire ‘Specification of Construction Materials and Standard Construction Details’ document or any subsequent relevant document. The Developer shall ensure that S278 highway works are designed in accordance with these documents as appropriate to ensure the proposals are acceptable to the Council. Departures from these standards should be clearly highlighted in any design submissions.
Some works within the existing adopted highway are reliant upon the confirmation of associated Traffic Regulation Orders (TRO’s) and these are subjected to their own consultation and legal processes and are separate to any previous planning consultations. They can be new orders or amendments to existing orders and are required for changes to speed limits, prohibited movements, weight restrictions, waiting restrictions (yellow lines) weight limits, bus lanes and clearways. The success of a TRO is not guaranteed. The potential time to determine a TRO can be protracted due to the consultation process and can be typically 6 to 9 months. A similar process applies to the installation of controlled pedestrian crossing, and traffic calming features such as road humps or speed tables, where notices are served under the Highways Act 1980. TRO’s amending speed limits should be appropriate for the layout and environment being proposed and be ‘self-enforcing’ in that the driver’s perception of what is a safe speed matches the speed limit.
On the completion of the detailed design the Developer must commission a Road Safety Audit Stage 2 as part of the documentation required and set out in the S278 Agreement. If a Stage 1 audit was not undertaken as part of the planning approval documentation, then a combined stage 1 and 2 audit must be commissioned on completion of the detailed design. If the design needs modification to accommodate the agreed actions set out in the Audit and the associated designer response, then the Designer will provide the Developer with the impact upon the programme and cost implications of the required modifications. On completion of the detailed design the Designer shall provide the information to the Council who will undertake a formal Design Check. Details of design modifications required by the Council will be provided to the Designer. Once all modifications have been addressed, the Council will write to the Designer accepting the Detailed Design.
Highway Structures Design
If the development includes a structure where any of the following apply:
- Where the structure will be offered up for adoption;
- Where the structure supports or is supported by the Adopted Highway.
Then structural details must be submitted to the Council for Technical Approval, in line with the procedures set out in the Design Manual for Roads and Bridges.
Street Lighting Design
The street lighting works required to illuminate the Adopted Highway can be designed, installed and commissioned by the Council under a separate arrangement made directly with the Council’s Street Lighting team or be delivered as part of the s278 agreement.
The delivery mechanism in the latter case will be the same as for the other elements included within the S278 Agreement. In the former case, the Council will undertake the street lighting design and liaise with the developer during this process. A reduction will be made to the design check deposit in the agreement for this element of the design.
Traffic Signals Design
Where traffic signals are required, the design will be undertaken by the Developer as part of the s278 agreement.
Construction General
The Council will not permit any works to commence on the Adopted Highway until the following processes and procedures have been completed:
• All Statutory procedures;
- All non-statutory consultation processes completed;
- Design and check certificates provided for structure(s) within/abutting highway works;
- Technical Approval granted for all Design elements
- Road Safety Audits (reports submitted up to and including Stage 2 and approved);
- All necessary deposits/payments and commuted sums made to the Council;
- Section 278 Agreement signed by all parties including the Surety;
- Surety details have been provided;
- Written confirmation that Developer has contacted the Health and Safety Executive where applicable;
- All pre-construction details required.
The Council will give the Developer approval to commence the highway works and agree a construction programme with the Developer that balances the needs of stakeholders, local businesses and residents. The Council will issue a Provisional Certificate to the Developer on agreement that highway construction works have been completed. The Developer is responsible for any remedial works and maintaining the works. The twelve month maintenance period starts from date of issue of the Provisional Certificate. The Council will issue a Final Certificate to the Developer at the end of the maintenance period subject to the Contractor correcting any outstanding defects. The issue of the Provisional Certificate and the Final Certificate has implications for the Developer with regard to the safety of the completed works and fulfilling their planning obligations.
Note: Any resurfacing of the existing highway must be the minimum width to the centre line. No patches or shorts strips will be accepted. The extent of the surfacing will be agreed at design check.
Construction – Street Lighting
Where the supply and installation of the street lighting works will be undertaken by the Council it will be undertaken to fit in with the development’s construction programme.
RMBC must be allowed access to the site when required at all reasonable times to install cables, ducts, poles or other apparatus associated with the installation.
Construction – Road Safety Audit
On completion of the highway works the Developer must commission a Road Safety Audit Stage 3, and the report’s recommendations must be considered by the Developer, Designer and the Council. Any modification to the highway works must be undertaken as part of the remedial (“snagging”) works within the 12 Month Maintenance Period, or such shorter timescale as agreed, appropriate to the modification required.
Financial Reconciliation
On completion of the 12 Month Maintenance Period the Developer must reconcile any outstanding fees, charges and other sums before the Council will issue the Final Certificate
Highway Planning Obligations
A Developer may have highway-related Planning Conditions on their Decision Notice that need to be discharged by the Local Planning Authority. A Planning Condition for example may say: “Notwithstanding the submitted plans, the development shall not commence until details of traffic calming measures along West Avenue have been submitted to and approved by the Local Planning Authority. (Technical Approval under the s278 Agreement). Thereafter the development shall not be occupied until these works have been implemented in accordance with the approved details. (Provisional Completion under the s278 Agreement). Reason: In the interests of highway safety.
Health and Safety
Before the S278 Agreement can be signed, the Developer must provide evidence to the Council that the Developer has informed the Health and Safety Executive (HSE) that they are the Client for the highway works if the works are notifiable in accordance with the Construction (Design & Management) Regulations 2015 (CDM 2015).
The Developer must ensure compliance with the CDM Regulations and indemnify the Council against claims, liabilities and actions.
The Developer must provide the Council with an electronic copy of the Health and Safety File on completion of the highway works. This must comply with CDM 2015 requirements.
The Final Certificate will not be released until the Health and Safety File has been provided to the Council.