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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 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:

• Streetscape Design Guide document (please see section 6, pages 38-44((PDF)
• Highways Specification document - updated February 2024 (PDF)
• ´óÐãÊÓƵ County Council Standard Details Part 1 document (PDF)
• ´óÐãÊÓƵ County 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:

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, ´óÐãÊÓƵ County Council, County Hall, Spetchley Road, Worcester, WR5 2NP

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

Contacts

For further information regarding Section 278 Agreements

Contact us