12 Abr S278 Highways Act Agreement
Such changes must be agreed with local road authorities and implemented to satisfaction. A legally binding agreement is reached between the municipality and the developer under Section 278 of Highway 1980, known as Section 278 (S278). Work usually begins within four to six weeks of the agreement being signed. The provision of new roads and pedestrian pathways (together called “highways” in this practical note) is a common feature of many developments. Similarly, many developments require modifications or improvements to existing roads and footpaths. In some cases, the construction of new highways or changes to existing highway infrastructure may even be a prerequisite for the construction of a building permit. See the practical note: Planning conditions – important points. In many of our works, you will often find reflection point 278 (or S278). To obtain these improvements, the proponent must obtain permission from the highway authority for detailed work planning and reach an agreement defining how the work is to be delivered. An S278 contract is used for a long time to enable the development of the existing road network. However, it can also be used to improve the motorway network needed by development or to contribute to future work on the wider network of motorways. The package may include highway work that will be carried out under an agreement under Section 278, drainage construction and earthworks. As a one-stop shop for several aspects of infrastructure, we can offer better coordination of work and minimize potential delays.
The agreement specifies the requirements of the local road authority and the developer to ensure that the proposed work is carried out in accordance with the approved plans. It also explains how local road authorities can act if the developer is unable to complete the work. If the promoter does not make agreed payments or if the work is not carried out in accordance with the agreement, the motorway authority has the power to close access to the site. The development planning request generally defines the principles of the work required.