Section 278 Agreement application

Section 278 Agreement application

A legal agreement for developers or third parties with the Local Highway Authority (LHA) to make alterations or improvements to a public highway.

We have launched the new S278 and S38 Worcestershire County Council Developer Portal. This is now the only way to submit your S278 and S38 applications to the County Council. Please scroll down to Step 2 on this webpage for links to the new portal and guidance documents to support you through your applications. The portal provides a central location for Developers and their Consultants to submit and track S278 and S38 applications with the Council. In addition, the portal enables communication between all parties involved to be recorded in one location, accessible to those involved in the application

Section 278

Section 278 of the Highways Act 1980 allows a third party, usually a developer to enter into a legal agreement with the Local Highway Authority (LHA) to make alterations or improvements to a public highway. This is usually necessary where planning permission has been granted for a development that requires improvements, or changes, to the existing roads and footways that form part of the publicly maintained highway.

The Licence holder, usually the developer, must always act within the conditions of the S278 agreement and current legislation. Where the Licence holder fails to comply with the conditions of the Licence, the LHA may act to enforce these conditions, including asking for the performance bond to be used to complete the works. 

The developer should note that it is an offence to carry out any works within the public highway without permission of the LHA and no construction work affecting the highway should commence until a S278 agreement or other appropriate licence has been obtained from the county council. Also, the applicant is to comply with the terms of the works noticing scheme used in the county.

The existence of a Section 278 agreement or other licence to undertake highway works as part of the development, the granting of planning permission or the absence of a requirement to obtain planning permission do not provide any exemption from the requirement to obtain a road space permit before undertaking any works in the highway and to comply with the conditions of that licence. Equally, the granting of a road space permit for highway works does not provide an exemption from any planning or building regulations requirements which may exist.

If you would like to apply for the Section 278 Agreement, please follow these steps:

Step 1: Read our guidance documents

We have written detailed guidance documents on Section 278 Agreement which you may find useful:

We have also created a development management process chart which shows the stages from the pre-application discussions with the local planning authority to when the works begin on site. This chart may be helpful of understanding the process from the beginning to the end:

See also:

Step 2: Apply using the Developer Portal

All S278 submissions are to be made through Worcestershire County Council's Developer Portal below.

Developer Portal

The Developer Portal User Guide (PDF) details how to use the Developer Portal to make S38 and S278 applications to the Council.

The S278 Declaration Form (PDF) must be signed by a person with authority to make such declarations and execute a financial instrument on behalf of the developer (e.g., Director).

Please note that commencement on site will only be permitted when:

  • the agreement is signed
  • all technical details have been approved
  • all necessary fees have been paid
  • street work permits are in place for the work

Make a payment

For payments over £10,000, please email: S278andS38@worcestershire.gov.uk  

Contacts

If you require further information regarding S278 Agreements, please email: S278andS38@worcestershire.gov.uk 

For further information regarding Section 278 Agreements

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