What is a Section 184 Licence? A guide for developers
If your development requires a new vehicle access onto an existing public highway, you may need a Section 184 Licence.
Many developers first hear about a Section 184 Licence after submitting a planning application, but understanding what it is and when it's required can help avoid delays later in the development process.
This guide explains what a Section 184 Licence is, when it is needed and how it relates to planning permission.
Highway Myth #1
"Once planning permission has been granted, I can simply build the new access."
Reality: Planning permission does not authorise works within the public highway. If your development involves constructing or altering a vehicle access across the public highway, you will usually need the Highway Authority's separate approval under Section 184 of the Highways Act 1980.
What is a Section 184 Licence?
A Section 184 Licence is a legal agreement between the developer and the Local Highway Authority that allows works to be carried out within the public highway to create or modify a vehicle access.
Typical works may include:
Constructing a new dropped kerb.
Widening an existing vehicle access.
Strengthening the footway to accommodate vehicles.
Altering kerb lines.
Adjusting highway drainage where necessary.
The licence ensures that works affecting the public highway are designed and constructed to the Highway Authority's required standards.
When is a Section 184 Licence required?
A Section 184 Licence is commonly required where a development proposes:
A new residential driveway.
A new commercial access.
An altered or widened access.
A change in the way an existing access is used.
An access across a public footway or verge.
The exact requirements vary between Highway Authorities, but if works take place within the adopted highway, some form of approval will usually be required.
Does planning permission include a Section 184 Licence?
No.
Planning permission and a Section 184 Licence are two separate approvals.
Planning permission determines whether the development is acceptable in planning terms.
A Section 184 Licence relates to the detailed design and construction of works within the public highway.
In many cases, planning permission will include a condition requiring the access to be constructed before the development is occupied, with the Section 184 Licence obtained separately.
What information will the Highway Authority consider?
Before issuing a Section 184 Licence, the Highway Authority may assess matters such as:
Visibility splays.
Access width.
Junction geometry.
Existing road speeds.
Pedestrian safety.
Drainage arrangements.
Existing street furniture.
Utility apparatus.
Construction details.
The aim is to ensure the new or altered access operates safely for all road users.
Who carries out the works?
This depends on the Highway Authority.
Some authorities undertake the works themselves, while others permit approved contractors to carry out the construction under the Authority's supervision.
The Highway Authority will explain its specific requirements during the application process.
How long does a Section 184 Licence take?
Timescales vary between Highway Authorities and depend on the complexity of the proposed works.
Applications involving utility diversions, traffic management or significant highway alterations are likely to take longer than straightforward residential accesses.
Obtaining advice early in the planning process can help minimise delays.
How much does a Section 184 Licence cost?
Costs vary considerably depending on the Highway Authority and the nature of the proposed works.
Typical costs may include:
Application fees.
Technical approval fees.
Construction costs.
Inspection fees.
Legal costs (where applicable).
Where utility diversions or extensive highway works are required, overall costs can increase significantly.
Section 184 vs Section 278 – What's the difference?
Although both involve works within the public highway, they are used for different types of projects.
A Section 184 Licence is generally used for new or altered vehicle accesses serving individual developments.
A Section 278 Agreement is typically required for more substantial highway improvement works, such as new junctions, signal-controlled crossings or highway widening associated with larger developments.
The Highway Authority will advise which process is appropriate for your development.
Why early advice matters
Vehicle access is often one of the first highway issues considered during the planning process.
Understanding whether a Section 184 Licence is likely to be required allows access design, visibility requirements and construction issues to be addressed early, helping to avoid delays once planning permission has been granted.
How DW Transportation can help
DW Transportation advises developers, architects and planning consultants on new and altered vehicle accesses throughout South Wales and across the UK.
We assess access arrangements, advise on visibility, geometry and highway requirements, and work closely with clients to help ensure proposed access designs satisfy the relevant Highway Authority requirements.
Need advice?
If your development requires a new or altered vehicle access, we'd be happy to help.
Early advice can identify whether a Section 184 Licence is likely to be required and ensure any highway issues are addressed before planning permission is granted.
Contact DW Transportation today for an informal discussion about your project.
About the Author
Dean Watkins is Director of DW Transportation, an independent transport planning consultancy based in South Wales. With over 25 years' experience in transport planning, Dean advises developers, architects and planning consultants on Transport Statements, site access design and highway matters associated with planning applications across South Wales and the UK.