Section 278 agreement - works to existing highways Section 278 of the Highways Act 1980 allows a developer to carry out works to the public highway . This is generally necessary where planning permission has been granted for a development that requires improvements to, or changes to, public highways .
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Section 38 agreement - adoption of highways Section 38 of the Highways Act 1980 provides that when planning consent has been granted for a new development , developers may ask the highway authority to ‘adopt’ new roads that have been constructed as part of the development , along with associated infrastructure such as drains
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