Financial Provisions

AuthorWilliam Webster/Robert Weatherley
Pages233-235
Chapter 22Financial Provisions

AGREEMENTS UNDER HIGHWAYS ACT 1980, SECTION 278

22.1 Part XIII of the HA 1980 makes provisions in relation to financial matters. It is beyond the scope of this book to consider all of those provisions, for which a separate specialist text should be consulted. The most important provision, as far as development works are concerned, is that provided for by section 278, which allows a Highway Authority to enter into an agreement, where they are satisfied it will be ‘of benefit to the public’, with any person (usually a developer) for the execution of any works by the authority, which the authority is, or may be, authorised to execute. It may also enter into such an agreement for works to be executed by the authority incorporating particular modifications, additions or features at a particular time or in a particular manner.1The agreement will include a term that the person involved (i.e. the developer) will pay the whole or part of the cost of such works. The cost of works will include costs referable to the making of the agreement, the confirmation of any scheme required for the purposes of the works, the granting of any authorisation, permission or consent, or the acquisition (by use of compulsory purchase powers) by the authority of any land required for the purposes of the works.2Administrative charges, including appropriate sums in respect of general staff costs and overheads, are similarly recoverable.3The powers provided to the authority are therefore wide ranging and may include provision for the payment of a sum to reflect maintenance of the works, as well as any other consequential provision as appear to the Highway Authority to be necessary or expedient.

22.2 Recovery of such monies is expressly dealt with, in the HA 1980. Where money remains outstanding, that sum may be declared to be a charge on the land, registrable as a local land charge.4The authority is additionally enabled to direct that any means of access afforded by the works to which the agreement relates shall not be used until the sum is paid, and it provides for recovery as against any

1HA 1980, s 278(1).

2The costs of acquiring land is dealt with expressly now within statute. See HA 1980, s 278(2)(a). The section envisages that compensation payable as a result of compulsory purchase will be recoverable. Also note s 278(4), which states expressly that the fact works are to be executed in...

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