Last updated:
30th December 2024
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Standard legal agreements used under the Highways Act 1980
See notes
I am writing to request information held by the authority in relation to standard legal agreements used under the Highways Act 1980.
1. Section 278 Agreements Please provide a copy of the authority’s current precedent, template, or standard-form Section 278 agreement. If more than one version exists (for example, for different categories of works), please provide all versions held.
We have been advised by our Highways department that we are not allowed by our legal department to release either S278/S38 Agreement as these are bespoke documents and therefore may change
2. Section 38 Agreements Please provide a copy of the authority’s current precedent, template, or standard-form Section 38 agreement for the adoption of new estate roads.
We have been advised by our Highways department that we are not allowed by our legal department to release either S278/S38 Agreement as these are bespoke documents and therefore may change
3. Minor Works / Small Works Agreements If the authority uses a standard-form agreement for minor works, small works, or other works carried out under the Highways Act 1980 that do not fall under the above categories, please provide the precedent or template version of that agreement.
Template attached as its in not a legal agreement
4. If no precedent documents exist If the authority does not hold a precedent or template for any of the above categories, please instead provide one or more example agreements completed within the last 12 months that reflect the form of agreement the authority typically expects developers or third parties to enter into.
Please refer to point 1 above which also includes completed agreements.