As a professional, I have come across various topics that require simple yet comprehensive explanations to help readers and website users. One of the subjects I would like to shed some light on is the term s278 agreement and whether it is considered a land charge.
What is a s278 agreement?
A s278 agreement is a section of the Highways Act 1980 that outlines the requirements for developers to contribute to the improvement of highways, roads, and footpaths near or around their proposed developments. It is also known as a Section 278 agreement, and it is a legal binding contract between the developer and the local highways authority.
The purpose of a s278 agreement is to ensure that developments do not negatively impact the surrounding infrastructure, such as traffic flow, pedestrian safety, and public transportation. The agreement may include provisions for the developer to fund, design, and construct different road improvements like roundabouts, traffic lights, pedestrian crossings, and cycle lanes.
Is a s278 agreement a land charge?
The answer is no. A s278 agreement is not considered a land charge because it is not a financial charge on the land or property. Land charges are legal burdens or liabilities that affect the title or ownership of a property. Examples of land charges include mortgages, restrictive covenants, easements, and rights of way.
A s278 agreement is a planning condition that is attached to the planning permission for the development. It is intended to ensure that the proposed development does not harm the highways network and that suitable mitigations are provided to improve highway safety and capacity.
Therefore, a s278 agreement is not registered as a land charge because it does not affect the title or ownership of the property. It is attached to the planning permission, which is a temporary document, and it expires at the end of the development`s lifetime.
In conclusion, a s278 agreement is a legal contract between a developer and a local highways authority that sets out the requirements for road improvements around a proposed development. It is not considered a land charge because it does not affect the title or ownership of the property. Instead, it is a planning condition attached to the planning permission for the development, ensuring that highways infrastructure is improved as part of the development process.