The developer is responsible for covering all costs associated with the design and implementation of Section 278. The proponent will also be required to apply a loan to cover the costs of the highway development, which means that if they do not carry out the work satisfactorily, the loan may be required to complete the project. If the promoter does not make agreed payments or if the work is not carried out in accordance with the agreement, the motorway authority has the power to close access to the site. “A highway authority, if they are convinced that it will be useful to the public, can reach an agreement with a person – an agreement under Section 278 (or s278) is a section of Highway 1980 that allows developers to enter into a legal agreement with the Council (as a road authority) to make lasting modifications or improvements to a public highway. , as part of a plan-making process. If the proposed infrastructure requires routine maintenance, the agreement procedure provides for the guarantee of a re-pending amount for the financing of the work. In cases where a highway system requires real estate developers to set up land under their control to accept it as public highways, please refer to Section 38 of the agreements. Details of the building permit under which this work will be carried out – a detailed schedule of the work to be carried out – details of the necessary loan or security – details of who will design or plan the work, usually either by the local highway authority or by a highway engineer consultant on behalf of the developer – a full schedule of the cost of the work to be paid by the developer , with administrators, planning and inspection costs – details of amounts for future maintenance. Please note that the following taxes and charges are estimates and may vary depending on the technical complexity and size of the change. We confirm our estimate of the fees you must pay before granting the section 278 agreement. They may be held responsible for the additional costs incurred during or as a result of the work. The development planning request generally defines the principles of the work required. The motorway authority cannot then refuse to enter into an agreement for the promoter to carry out the authorized work as long as the work complies with the appropriate standards.
As a general rule, these legally binding agreements relate to infrastructure projects that allow access to a construction zone, such as roundabouts, marked intersections, right-hand turn lanes, new pedestrian crossings or priority intersections. They can also cover power diversions, drainage systems and public lighting. When a developer is required to carry out highway work in connection with its development, its development permit requires that it enter into a motorway agreement to carry out the work.