Section 278 or Section 38 highway design
Design of works to the public highway, under a Section 278 or Section 38 agreement with the highway authority.
About this service
When a development needs changes to the public road, the work cannot simply be done by your builder. Under the Highways Act 1980, the highway authority must agree to it, usually through a legal agreement. A Section 278 agreement covers works to an existing highway, such as a new access, footway widening, new kerbs or drainage. A Section 38 agreement covers a new road built by the developer that the authority will adopt and maintain.
Before signing, the authority needs a full technical design it can approve. That means drawings and specifications meeting its standards for construction, drainage, lighting, signs and road markings, and tying in safely with the existing street. Our highway design service prepares this package for small and medium residential and mixed-use developments, and takes it through technical approval, working alongside your planning consultant and solicitor.
In London the borough council is the highway authority for most roads, while Transport for London manages the red route network. Processes, standards and timescales differ between authorities, so we start by confirming which body is responsible and how its technical approval works. All our designs go through our three-step quality control process, with final sign-off by our Head of Engineering.
When you need it
- Your development needs new or altered highway works
- The highway authority requires a Section 278 or Section 38 agreement
What's included
- Highway design to authority standards
- Drawings and specifications
- Technical approval submissions
How it works
- Confirm the requirementsWe review the planning permission, any conditions or legal obligations requiring highway works, and the authority's design standards, approval process and any requirements set at pre-application stage.
- Survey and preliminary designWorking from a topographical survey and records of buried services, we develop a preliminary design for kerbs, footways, levels, drainage and road markings, and share it with the authority for early comment.
- Safety audit and commentsWhere required, an independent road safety audit is carried out on the preliminary design, and we update the design to address its findings and the authority's comments.
- Detailed designWe prepare detailed drawings, construction details and specifications, coordinating with drainage, street lighting, signs and the apparatus of utility companies, so the works can be built without surprises.
- Technical approvalWe submit the package for technical approval and respond to the authority's queries until the design is approved and the legal agreement can be completed, ready for construction to start.
What you receive
Planning for time, bonds and fees on highway works
Section 278 and Section 38 agreements take time. Technical approval can involve several rounds of comments, and the legal agreement usually cannot be signed until the design is approved. Authorities typically charge fees for checking the design and inspecting the works, require a bond or cash deposit as security, and may ask for a commuted sum towards future maintenance. These are separate from our fee, and the authority will confirm them.
Buried utility apparatus is often the hidden risk. Gas, water, electricity and telecoms equipment under the footway may need protecting or diverting, which can take months to arrange, so early enquiries pay off. Where your works also involve new sewers to be adopted, our sewer adoption technical submission can run alongside, and hardstanding and pavement design covers private areas inside the site.
Frequently asked questions
What is a Section 278 agreement?
It is a legal agreement under Section 278 of the Highways Act 1980 between a developer and the highway authority, allowing the developer to carry out or fund works on the existing public highway. Typical works include new accesses, footway changes, kerb realignments and drainage. The authority must approve the design before the agreement is completed.
What is the difference between Section 38 and Section 278?
Section 278 deals with changes to an existing public road. Section 38 deals with a new road built as part of a development, which the highway authority agrees to adopt once it has been built to its standards. Some developments need both: a Section 38 for the new road and a Section 278 for its junction with the existing street.
Who is the highway authority in London?
For most streets it is the local borough council. Transport for London is the highway authority for the red route network, which includes many of the capital's main roads. If your site fronts or takes access from a red route, TfL will be involved. We confirm the responsible authority at the start of every highway design commission.
How much does Section 278 design cost?
Our Section 278 or Section 38 highway design service starts from £5,000 + VAT. The final fee depends on the extent of the works and the authority's approval process. We confirm a fixed fee in writing before work starts. The authority's own fees, bonds and the cost of building the works are separate.