Later in 2024 we will be launching a developer portal which can be accessed through this website through which developers and consultants will submit a S278 or S38 submission of documents and drawings for design checking. The portal will improve the service by providing a messaging facility between relevant parties, document tracking and it will show scheme progression.

Section 38

A Section 38 Agreement is a section of the Highways Act 1980 that allows developers enter into a legal agreement with the Local Highway Authority to have new highway infrastructure adopted and maintained at public expense.

If you would like to apply for the Section 38 Agreement, please follow these steps:

Step 1: Read our guidance documents

We have written detailed guidance documents on Section 38 Agreement which you may find useful:

• Streetscape Design Guide document (please see section 6, pages 51 to 58) (PDF)
• Highways Specification document - updated February 2024 (PDF)
• Council Standard Details Part 1 document (PDF)
• Council Standard Details Part 2 document (PDF)

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:

• Technical Audit Flow Chart (PDF)
• Registration Flow Chart (PDF)

See also:

• Manual for Streets 2 (TSRGD website)

Step 2: Apply

Download the application form

The form sets out the details and information required to enable us to process the application.

Send the application form with the required documents to: HighwayTechSub@worcestershire.gov.uk or alternatively to the following address: Section 38/278 Technician, Network Control, Worcestershire County Council, County Hall, Spetchley Road, Worcester, WR5 2NP

Please note that Worcestershire’s supervision of the works will only commence when:

• all technical details have been approved
• all necessary fees have been paid

Make a payment

For commuted sum payments and payments over £10,000 please email HighwayTechSub@worcestershire.gov.uk 

• S38 scheme initial registration fee
• S38 supervision fee
• S38 design check and site inspection fee
• S38 Jacobs design checking fee
• Jacobs lighting design fee
• TRO fee

Contacts

For further information regarding Section 38 Agreements

Contact us