Highways Development – S278 and S38 agreements

Highways works, required on the public highway as a result of development works are subject to a S278 Agreement. As the highway authority, we give authorisation for any work on the highway. Works cannot begin until the Section 278 agreement is completed

A Section 278 agreement, is a section of the Highways Act 1980. It allows developers to enter into a legal agreement with the Council, to make alterations and improvements to a public highway, as part of a planning application. On most development sites, it will be necessary to alter the existing public highway layout.

The time taken to enter into such agreement is likely to be lengthy, and the applicant should take this into account when programming their works.

It is an offence to carry out works on a public highway without the consent of the Highway Authority. Any unauthorised work on the highway, undertaken without a competed Section 278 Agreement (or other required highway consent), will result in enforcement action taken against the developer and or contractor.