Kent County Council S278 Agreement: Everything You Need to Know
If you are a developer or contractor planning to carry out works on the highway or access to it in Kent County, you need to be aware of the S278 agreement. An S278 agreement, often called a Section 278 agreement, is a legal agreement between the council and the developer. It outlines the terms and conditions of the works that the developer plans to carry out, and the developer will pay for all the related costs.
In this article, we will explore what the Kent County Council S278 agreement is and why it is important.
What is the S278 agreement?
The S278 agreement is a legal agreement between the council and a developer, which outlines the terms and conditions that the developer must follow to carry out works on the highway or access to it. The purpose of the agreement is to ensure that the works are carried out to the required standard and do not cause any damage to the highway. It also helps the council to manage the roads and highways in the area, minimizing any disruption to public services and the local community.
When is an S278 agreement required?
An S278 agreement is required when any development work or construction is proposed that impacts the highway, or where access to the highway is required. The agreement outlines how the developer will carry out the works, who is responsible for any associated costs, and the standards the works must meet.
For example, if a developer wants to build a new road or roundabout to improve access to a site or to a nearby town or city, they will need to enter into an S278 agreement with the council.
What does the S278 agreement cover?
The S278 agreement covers a range of items, including:
– The scope of the works that the developer plans to carry out
– The materials and standards that the works must meet
– The timeline for the work, including start and end dates
– The responsibilities of both parties for the inspection and maintenance of the works
– The payment of all costs associated with the works, including design, construction, and inspection
– The allocation of risk and liabilities, including any damages that may occur as a result of the works.
What is the process to get an S278 agreement?
To get an S278 agreement, the developer must submit an application to the council. The application must include a detailed description of the works, plans, designs, and specifications, along with any other relevant information that the council may require.
The council will then assess the application and may request additional information or clarification. Once the council has all the required information, they will either approve or reject the application. If the application is approved, the council will provide the developer with a draft S278 agreement for review and negotiation.
After both parties agree to the terms and conditions, they will sign the agreement, and the developer can begin the works.
Why is the S278 agreement important?
The S278 agreement is important because it provides a framework for developers to carry out works on the highway or access to it in a safe and controlled manner. It ensures that the developer complies with all the relevant standards and regulations, and that the works do not cause any damage to the highway or pose any risks to the public.
Without an S278 agreement, developers may carry out works without appropriate oversight, potentially causing damage to the highway or impeding transport, causing serious issues for local residents and businesses.
In conclusion, the S278 agreement is an essential document that developers and contractors must abide by when carrying out work on the highways of Kent County. It offers both the developer and the council clear guidance, including how the works will be carried out, who is responsible for what, how risks and liabilities will be handled, and what both parties expect from each other. By understanding and following the S278 agreement, developers can ensure that their projects are carried out efficiently, safely, and successfully.