Section 278 Agreement

A Section 278 agreement (commonly abbreviated to s278) is a legal agreement made under Section 278 of the Highways Act 1980 between a developer and the local highway authority. It authorises the developer to make alterations or improvements to the existing public highway that are necessary to facilitate their development, with the cost borne entirely by the developer.

Common s278 works include:

• New site access junctions: Creating new bellmouth or priority junctions onto existing roads, including kerb realignment, footway crossovers, and visibility splays
• Junction improvements: Upgrading existing junctions to accommodate additional traffic generated by the development, such as adding turning lanes or signalisation
• Pedestrian and cycle infrastructure: New footways, cycle lanes, toucan crossings, and dropped kerbs connecting the development to the existing network
• Highway drainage: Modifications to road drainage systems affected by the new access, including connections to existing highway drainage or new outfalls
• Street lighting and signage: New or relocated lighting columns, road markings, and traffic signs

The s278 process typically involves:

1. Preliminary design and pre-application discussion with the highway authority
2. Safety audit (Stage 1) of the proposed layout
3. Detailed design to the highway authority’s specification
4. Legal agreement execution and bond/deposit provision
5. Construction under highway authority supervision
6. Completion certificate following Stage 2/3 safety audits

S278 works are distinct from Section 38 works, which relate to the construction of new estate roads that will be adopted as public highway. On many developments, both agreements run in parallel.

Aegaea delivers s278 highway designs through our highways engineering service, coordinating with the local highway authority from preliminary design through to completion.