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Section 278 agreement

Section 278 of the Highways Act 1980 enables Highway Authorities to facilitate works, within an existing public highway, commissioned by developers.

Apply for a Section 278 agreement

To request an application form, please email [email protected].

Before you apply

Please ensure:

  • you have obtained detailed planning permission for the site
  • you are able to provide payment of the audit fee by credit card (if you are not able to do so, you will be invoiced)
  • you have provided an abortive costs letter
  • you have read the Section 278 agreement guidance notes for developers

Section 278 Agreement guidance

PDF566.85 KB

We have developed a checklist for you to follow when putting together your S278 application.

Include your:

  • scheme title
  • reference number

Please note this checklist is not exhaustive.

You may want to consider the following when putting together your S278 application:

  • Complete and return S278 Application Form
  • Submit all drawings as required (see Notes for Guidance) including:
    • General Arrangement
    • Location Plan
    • Land Dedication
    • Extent plans
  • Pay initial fee
  • Provided copy of Planning Decision Notice
  • Submitted CVs of Auditors for approval (RSA 1/2)
  • Send RSA report to S278 team for approval inc. Designers Response
  • Technical Audit begins
  • Technical Audit complete
  • TRO application (If applicable) – submitted to S278 team
  • Legal instruction process commenced
  • Provide copy of Public Liability Insurance (£10 million)
  • Pay necessary fees inc Eng/Sup fees and cash deposit / secure surety
  • Providecost of S278 works
  • Proof of title (in the event of land dedication)
  • Utility diversion costs (if applicable)
  • S278 legal agreement signed
  • Pre-start meeting complete inc. providing all information required to Inspector
  • Road space booked [email protected]
  • S278 works commenced
  • Practical Completion issued
  • Provide as-builts
  • Final Completion Certificate issued

​What happens next

When you have submitted the form, please allow a minimum period of 3 weeks for initial review and 2 weeks for subsequent changes and submissions.

The average time is 3 to 4 months for an order to be processed, but each application will depend on how complex it is.

Last updated 31 July 2025