Commuted sums and section 278

Section 278 of the Act is a power allowing highway authorities to secure improvements to existing roads by agreement with landowners and developers. Section 278(3) states that: “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”. Section 278 is therefore drafted in the same wide and unqualified terms as Section 38 of the Act.

For Section 278 works the council will not normally apply commuted sums for the existing area of carriageway unless replaced with a non-standard material (in that case the commuted sum would be the difference between the commuted sum for the standard and non-standard material). A full commuted sum would be required for any additional carriageway created (e.g. a right turn lane), or any new feature created (e.g. refuge/splitter island, additional lighting, bollards etc). This is because the additional carriageway and features created above those already existing are only required to provide the access for the new development, and therefore it is reasonable to require a commuted sum to maintain them in the future.
 

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A diagram showing the typical design of a turning head with square

Figure 50: Example of turning head within a 'square' 

 

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Area of grass verge adopted under commuted sum that may form part of an area requiring a commuted sum

Figure 51: Example of additional area of grass verge adopted under a commuted sum 

 

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