What is a Section 278 Agreement? A Guide for Developers
If your planning permission requires works to be carried out on the public highway, you may be told that these must be delivered under a Section 278 Agreement.
For many developers, this is an unfamiliar process. What exactly is a Section 278 Agreement? Why is it needed? Who is responsible for the work? And how long does it take?
This guide explains the purpose of a Section 278 Agreement and what developers should expect.
What is a Section 278 Agreement?
A Section 278 Agreement is a legal agreement between a developer and the Local Highway Authority.
It allows a developer to carry out alterations or improvements to the existing public highway to support a new development.
The agreement is made under Section 278 of the Highways Act 1980, which gives Highway Authorities the legal power to permit works within the adopted highway.
Without a Section 278 Agreement, developers cannot simply undertake works on the public highway themselves.
When is a Section 278 Agreement required?
A Section 278 Agreement is commonly required where a development needs improvements to the existing highway network.
Typical examples include:
New signal-controlled junctions
Pedestrian crossings
Right-turn lanes
Ghost island junctions
New traffic signals
Roundabout improvements
Footway widening
New cycle facilities
Bus stop improvements
Traffic calming measures
The Local Highway Authority will determine whether highway improvements are necessary as part of the planning process.
Why are highway improvements required?
The purpose of highway improvements is to ensure that new development can be safely accommodated on the surrounding transport network.
Depending on the proposal, improvements may be required to:
Improve road safety
Increase junction capacity
Provide safe pedestrian crossing facilities
Improve accessibility for cyclists
Improve access to public transport
Reduce congestion
Mitigate the transport impacts of development
The required works are normally identified through a Transport Statement or Transport Assessment submitted in support of the planning application.
What does the Section 278 process involve?
Although every Highway Authority has its own procedures, the process generally follows a similar sequence.
Preliminary design
An initial highway design is prepared to demonstrate that the proposed improvement is technically achievable and complies with relevant highway design standards.
Highway Authority review
The Local Highway Authority reviews the proposed design and may request amendments before granting technical approval.
Detailed design
Once the overall layout has been agreed, detailed engineering drawings are prepared for construction.
Road Safety Audits
Independent Road Safety Audits are often required during the design process to identify potential safety issues and recommend improvements where necessary.
Legal agreement
The Section 278 Agreement is prepared and completed between the developer and the Highway Authority before construction can commence.
Construction
The approved highway works are undertaken, either by the Highway Authority or by the developer's appointed contractor, depending on local arrangements.
Inspection and completion
The Highway Authority inspects the completed works before formally accepting them into the adopted highway.
Who pays for the works?
In almost all cases, the developer is responsible for funding the highway improvements.
This generally includes:
Highway design
Surveys
Road Safety Audits
Highway Authority fees
Legal costs
Construction
Utility diversions (where required)
Traffic management
Inspection fees
Developers should therefore consider these costs early in the project when preparing development budgets.
Is a bond required?
Many Highway Authorities require developers to provide a financial bond before works begin.
The bond provides financial security should the developer fail to complete the highway works.
The value of the bond is normally based on the estimated construction cost together with an allowance determined by the Highway Authority.
The exact requirements vary between authorities.
How long does a Section 278 Agreement take?
Many developers underestimate the time required to complete the Section 278 process.
Obtaining technical approval, completing the legal agreement and arranging construction can take several months, particularly where multiple organisations are involved or utility diversions are required.
For this reason, highway improvements should be considered as early as possible during the planning process to avoid delaying development.
Can work begin before the agreement is completed?
Generally, no.
Works within the adopted public highway should not commence until the necessary approvals have been obtained and the Section 278 Agreement has been completed.
Starting work too early can result in delays, additional costs and enforcement action by the Highway Authority.
How DW Transportation can help
DW Transportation regularly assists developers, architects and planning consultants with developments requiring Section 278 Agreements.
Our services include:
Preliminary highway design
Highway feasibility advice
Transport Statements and Transport Assessments
Highway Authority liaison
Budget cost estimates
Coordination with design teams
Support throughout the Section 278 approval process
Our aim is to identify potential issues early, helping projects progress through the planning and highway approval process as efficiently as possible.
Need advice?
If your planning permission requires highway improvements, or you have been advised that a Section 278 Agreement may be necessary, we'd be happy to discuss your project.
Early transport planning advice can often reduce delays, identify potential risks and help developers understand the likely costs and programme before detailed design begins.
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 highway design, Transport Statements, Section 278 Agreements and development planning projects across South Wales and the UK.