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The Project Control Framework
On 1st April 2008 we launched the Project Control Framework. The Framework sets out how we, together with the Department for Transport, manage and deliver major improvement projects.
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Control of development affecting trunk roads and agreements with developers under section 278 of the Highways Act 1980
Annex
Key elements likely to feature in a section 278 agreement.
It is not feasible to give an example of a "standard" section 278 agreement because the text of each agreement needs to reflect the individual circumstances of each case. However, a feature common to all of them is the need to protect the interests of the Secretary of State as trunk road highway authority. A typical agreement, accordingly, may be expected to:
- recite the relevant planning permission, and the authorisation under which the Secretary of State would carry out the works, or, if appropriate, state that planning permission has been applied for and that the Secretary of State is seeking authorisation;
- provide, subject to compliance by the developer with his obligations, for the Secretary of State to do the works pursuant to the recited authorisation or, if there is none, in the event of his getting authorisation and subject to the satisfactory completion of any outstanding planning process;
- provide for the developer to pay the whole of the cost of the works; any VAT that the Agency cannot recover; and other contingent expenses incurred in carrying out the works. Payment of the developer's share of the estimated cost of the works will be required in specified proportions at specified times to ensure that the Agency is always in funds relative to its outlay on the scheme, with provision for adjustments to the payments as necessary to reflect actual expenditure;
- provide for the developer to pay the Secretary of State's administration fee;
- provide for the developer to pay a commuted lump sum in lieu of maintenance of the improvement works;
- provide for the developer to convey land needed for any works for which the developer will be paying, this conveyance to be completed before the works start;
- provide for either party to terminate the agreement at any time before the letting of the works contract, making appropriate repayments and reconveying any land (in which event the developer will pay the Secretary of State's abortive costs);
- provide for interest on sums overdue;
- provide for a surety; and
- include a schedule detailing the works to be done and showing on appropriate plans the extent of the improvement and of any land to be conveyed to the Secretary of State.
