S278 Procedure document for developers November 2023


Appendix 1 – Application Form

Model Set of Questions for Section 278 Highways Act 1980 Agreement

Development at                                          - S278 questions

To progress a section 278 agreement for the design check and implementation inspection the following details are required:

A confirmation of the planning reference number and the date of planning approval, together with a copy of any plans referenced in the planning approval conditions that relate to the proposed s278 agreement:

The developer’s name, registered office and company registration number.

The developer’s surety’s name, registered office and company registration number.

If the development land is mortgaged, the mortgagees name, his registered office address and the company registration number.

The developer’s agent’s names if any, their registered office addresses, and the first point of contact for the Council.

The developer’s designer’s name, and their registered office address and first point of contact and any applicable specialists.

The name and address of the solicitors acting for the developer and the name of the solicitor dealing with the section 278 agreement.

The name and address of the solicitors acting for the surety and the name of the solicitor dealing with the section 278 agreement.

The name and address of the solicitors acting for the mortgagee if applicable, and the name of the solicitor dealing with this development.

An initial estimated value of the section 278 highway works.

The details of any Stopping Up Order(s), or Traffic Regulation Orders (TRO’s) required for, or linked to, the works. For example, speed limit changes, waiting or loading restrictions, one- way streets.

Envisaged service diversions or protective measures.

Envisaged programme for design and construction.

A plan of any envisaged land for dedication (if any) showing the land marked in blue, or confirmation that there is none.

A schedule of any new or modified highway structures, traffic signals, sustainable urban drainage or street lighting.

Evidence of ownership of the development land must be provided by the developer either before the agreement is signed if they already own the land, or as soon as possible following the purchase of it.

Could you please provide an electronic copy of a plan, maximum size A3, showing the area of developable land marked in red linked to the planning approval.

Please also be aware that the legal fee cost for preparation of the section 278 agreement is around £90 plus VAT per hour with a minimum charge of £900 plus VAT. This will be payable if the developer decides not to proceed and withdraws prior to the completion of the agreement.

We look forward to receiving the above information formally as soon as possible. On receipt we will forward instructions to the Council’s legal department in order that the agreement can be drafted. It should be noted however that the drafting of such agreements can take some time and it is unlikely that the agreement will be signed and sealed in the immediate future. The agreement will allow for all costs to be met by the developer and for a deposit to be held by the Council against costs incurred with the final balance invoiced/returned as appropriate. If you require a design check before completion of the agreement, the developer will need to forward a deposit to cover these costs. Please indicate if you wish to proceed on this basis and we will prepare an estimate of the initial deposit and raise an invoice accordingly. Please confirm the invoice address if different to the developer registered office address details. Any unused monies will be carried forward to the inspection stage. Once this has been received, the design check can begin.