Requirements for the preparation of a Section 278 agreement

The council has a standard format for Section 278 legal agreements. However, the agreement can be adapted to allow for specific circumstances relating, for example, to structures and commuted sums. 

Full planning permission must be granted for the development from the planning authority, including approval of any reserved matters relating to the highway works before commencing the S278 process. 

The application form

A full list of the information required to enable the preparation of a Section 278 agreement is available in the application form provided above. The council must be protected against the risk of unforeseen expenditure if the highway works are unfinished for any reason. This should be in the form of:

  • A bond with a recognised financial institution; or 
  • The equivalent sum of monies lodged with the council.

Fees and sureties

The surety sum will comprise the developer’s estimate for completion of all highway works (including Utility Company costs) and the council’s cost for any commuted sums. The applicant must indemnify the council against all and any abortive costs.

The technical approvals process will only begin following receipt of surety or cash deposit. 

Supplementary fees

If, following four technical approval submissions, the design is still considered to be unacceptable or requires further amendments, then the council will charge an additional fee for each subsequent submission.

Post technical approval, changes to the design that are submitted for approval will incur an additional fee, this includes sub-division of submissions into multiple phases.

Developers should also refer to the councils Materials Palettes, which details out the preferred material choices for highway works.
 

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Development Approvals

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