Planning and highways agreements

Section 278 Agreements – Highways Act 1980 - Developer Funded Improvements Works to the Existing Highway

Where highway objections to proposals can be overcome by improvements to the existing highway, developers can enter an agreement that requires them to pay for or undertake such works. These works may include minor highway realignments, roundabouts, traffic signals, right-turning lanes, passing bays, etc.

Prior to the commencement of construction, developers are requested submit full construction drawings for approval and enter into a Section 278 Agreement with a Bond to cover the full road construction. Developers are advised that without such an Agreement in place they may not commence any works within the public highway

Section 38 Agreements – Highways Act 1980 - New Housing Estate Roads

Planning applications, including new estate streets, should be designed to meet the recommendations contained in the current edition of ‘Roads in Housing’ and constructed in accordance with the current revision of the ‘Materials and Construction Specification for Private Street Works and Housing Development Roads’.
 
Prior to the commencement of construction, developers are requested to submit full construction drawings for approval and enter into a Section 38 Agreement with a Bond to cover the full road construction costs. Without such an Agreement in place developers will be required to deposit monies with the Council under the Advance Payments Code.

Developers are advised that without such an Agreement in place they should not commence any works and any construction undertaken may prejudice the future adoption of the estate roads concerned

A design guide is also available for industrial roads although it is not the normal practice of this Authority to adopt these

Commuted Sums

For traffic signals, structures, soakaways, landscaping, street furniture and works not normally of standard construction, layout or provision, a commuted maintenance sum may also be charged to the developer.

 HGV ‘O’ Licences

The Highway Authority also comments on applications made to the Traffic Commission for new and alterations to existing HGV operating centres.

There are however only two permitted reasons for highway objections, these are:

• The site is too small for the parking and manoeuvring of the number of vehicles proposed.
• Access from the site onto the adjoining public highway is potentially unsafe.

Note the adequacy and/type of the roads leading to the site are not deemed to be acceptable grounds for a highway objection.