Highways Act 1980

278 Contributions towards highway works by persons deriving special benefit from them

(1) Subject to subsection (4) below, a highway authority proposing to execute any works which they are authorised by or under any enactment to execute may enter into an agreement under this section with any other person who would derive a special benefit if those works incorporated particular modifications, additions or features or were executed at a particular time or in a particular manner.

(2) An agreement under this section is an agreement whereby the other party to the agreement agrees that if one or more (as the agreement may provide) of the following conditions, that is to say—

(a) a condition that the works to be executed by the highway authority will incorporate such modifications, additions or features as may be specified in the agreement;

(b) a condition that the execution of the said works will be begun, or (as the agreement may provide) completed, before such date as may be so specified;

(c) a condition that the said works will be executed in such manner as may be so specified,

is or are fulfilled, he will make towards the expenses incurred by the authority in executing the said works a contribution (whether by a single payment or by periodical payments) of such amount as may be so specified.

(3) An agreement under this section may provide for the making to the highway authority by the other party to the agreement of payments in respect of the maintenance of the works to which the agreement relates and may contain such incidental and consequential provisions as appear to the highway authority to be necessary or expedient for the purposes of the agreement.

(4) A highway authority shall not enter into an agreement under this section unless they are satisfied that it will be of benefit to the public.

(5) Where for the purpose of executing any works to which an agreement under this section relates a highway authority have power to acquire land either by agreement or compulsorily and they would not need to exercise that power for that purpose had they not entered into an agreement under this section they shall not exercise their power to acquire land compulsorily for that purpose.