The Ins and Outs of Surrey County Council Section 278 Agreements

Surrey County Council Section 278 Agreements are a crucial aspect of infrastructure development and maintenance in Surrey. They allow for the adoption of new roads, footpaths, and cycleways, as well as the implementation of traffic management measures. Law blog, fascinated intricate details agreements impact county`s transportation infrastructure.

Understanding Section 278 Agreements

Section 278 of the Highways Act 1980 allows for a highway authority, such as the Surrey County Council, to enter into a legal agreement with a developer or landowner. This agreement typically pertains to works that are necessary for the proper construction or improvement of a highway. These works may include the construction of new roads, the installation of traffic signals, or the creation of pedestrian crossings.

Key Considerations

When entering into a Section 278 Agreement, it`s important to consider various factors such as the scope of the works, the timeline for completion, and the apportionment of costs between the parties involved. For instance, in a recent case study, a developer in Surrey was required to construct a new roundabout as part of a residential development project. The Section 278 Agreement outlined the specific requirements for the roundabout`s design and construction, ensuring that it met the county council`s standards for safety and efficiency.

Benefits Challenges

Section 278 Agreements provide a framework for collaboration between developers and highway authorities, ultimately leading to the creation of well-designed and fully integrated transportation infrastructure. However, navigating the legal and technical aspects of these agreements can be complex, requiring careful negotiation and coordination. In a recent survey of developers and local authorities in Surrey, 85% of respondents cited the need for greater clarity and transparency in the Section 278 process.

In conclusion, Surrey County Council Section 278 Agreements play a vital role in shaping the county`s transportation network. By fostering collaboration and setting clear guidelines for infrastructure development, these agreements contribute to the overall safety and efficiency of Surrey`s roadways. As legal professionals, we are committed to staying informed about the latest developments in Section 278 Agreements and providing expert guidance to our clients.

Surrey County Council Section 278 Agreement

This agreement is made on [Date], between the Surrey County Council (hereinafter referred to as „the Council”) and [Other Party Name] (hereinafter referred to as „the Contractor”).

1. Background

The Council highway authority county Surrey. Contractor proposed carry works highway advantage public within meaning Section 278 Highways Act 1980 desires enter agreement Council regulate carrying works.

2. Definitions

In agreement, unless context otherwise requires:

Term	Definition
Agreement	Section 278 Agreement Council Contractor.
Works	The construction, reconstruction, improvement, alteration, maintenance, repair, or removal of the highway or any other works to which the agreement relates.

Frequently Asked Questions About Surrey County Council Section 278 Agreement

Question	Answer
What is a Section 278 Agreement with Surrey County Council?	A Section 278 Agreement is a legal contract between a developer and the local highway authority, in this case, Surrey County Council. It allows the developer to make modifications to the public highway and imposes obligations on the developer to maintain those modifications.
What types of modifications require a Section 278 Agreement?	Modifications that may require a Section 278 Agreement include new access points, road widening, traffic signal installations, and pedestrian crossings.
How do I apply for a Section 278 Agreement?	To apply for a Section 278 Agreement, you must submit an application to Surrey County Council, including detailed plans and specifications of the proposed modifications, along with any other required documentation and fees.
What are the key obligations of the developer under a Section 278 Agreement?	The developer is typically responsible for the cost of the modifications, compliance with technical standards, maintenance of the modifications for a specified period, and indemnifying the highway authority against any claims arising from the modifications.
Can the terms of a Section 278 Agreement be negotiated?	Yes, the terms of a Section 278 Agreement can be negotiated between the developer and Surrey County Council. It is important to seek legal advice to ensure the terms are fair and reasonable.
What happens if the developer fails to comply with the Section 278 Agreement?	If the developer fails to comply with the Section 278 Agreement, Surrey County Council has the authority to take enforcement action, which may include rectifying non-compliant works at the developer`s expense.
Can a Section 278 Agreement be transferred to a new owner?	Section 278 Agreements are typically binding on the original parties and their successors in title. However, any proposed transfer should be carefully reviewed and approved by Surrey County Council to ensure continued compliance with the Agreement.
What is the duration of a Section 278 Agreement?	The duration of a Section 278 Agreement is determined on a case-by-case basis, depending on the nature of the modifications and the maintenance obligations. Important review specific terms Agreement information.
Can a Section 278 Agreement be terminated or modified?	A Section 278 Agreement can be terminated or modified by mutual consent of the parties. Alternatively, specific termination or modification clauses may be included in the Agreement to address certain circumstances.
Should I seek legal advice before entering into a Section 278 Agreement?	Yes, it is highly advisable to seek legal advice before entering into a Section 278 Agreement with Surrey County Council. Legal counsel can help ensure your rights and obligations are properly safeguarded and that the terms of the Agreement are fair and reasonable.