Section 278 of the Highways Act

Under the provisions of Section 278 of the Highways Act 1980, developers are granted the authority to execute modifications to public highways. This is typically required when a development has received planning approval that necessitates enhancements or modifications to the existing highway infrastructure. This statute enables developers to form a legal agreement with the local council, permitting them to make necessary changes to the public highway in alignment with their planning application. In most cases, modifying the current layout of the public highway is essential for development projects.

The agreement, known as a S278 Agreement, is established between the Highways Authority and the developer. It authorizes the execution of required highway works to ensure the development functions as intended per the granted planning permission.

The duration of this process can vary by Highways Authority, and it is advisable for developers to initiate discussions early in the project timeline to prevent any delays.

During the S278 procedure, developers might be asked to provide a highway design pack for technical approval. The costs for the technical review and project execution must be covered by the developer, who will also bear any expenses associated with formalizing the agreement.

Furthermore, developers may opt for a Section 38 Agreement in conjunction with the Section 278 Agreement. This arrangement allows developers to request the Highways Authority to “adopt” newly constructed roads and related infrastructures, such as drainage systems, lighting, and supporting structures.