What Are S278 and S38 Highway Agreements?
S278 and S38 agreements are legal frameworks under the Highways Act 1980 that enable developers to carry out highway works in coordination with the local highway authority.
A S278 agreement support service relates to improvements made to the existing public highway. These works are typically required where a development impacts the surrounding road network. Common examples include junction upgrades, new access points, pedestrian crossings, and traffic management measures. The developer funds and delivers the works, but the highway authority retains control over approval and inspection.
A S38 highway agreement, on the other hand, applies when new roads are constructed as part of a development. These roads are built to adoptable standards and, once completed and approved, are transferred to the local authority through a highway adoption agreement.
When Are S278 and S38 Agreements Required?
S278 and S38 agreements are required when development proposals either modify existing highways or introduce new road infrastructure.
Typical situations include:
• Developments that require alterations to existing junctions or road layouts
• Sites needing new or improved access onto public highways
• Residential schemes with internal roads intended for adoption
• Commercial developments generating increased traffic requiring mitigation works
• Large-scale or phased developments with integrated highway infrastructure
A key requirement for S278 projects is the technical approval S278 process, where detailed engineering drawings must be reviewed and approved before any work begins.
Without these agreements in place, developments may be unable to proceed, as planning conditions often require highway works to be completed or secured prior to occupation.
Who Needs Highway Agreement Services?
Highway agreements are essential for a wide range of stakeholders involved in development projects.
These services are typically required by:
• Developers delivering residential, retail, commercial, or mixed-use schemes that interact with the public highway
• Architects and urban designers who require early input from a highway works consultant to design compliant access and road layouts
• Planning consultants coordinating planning submissions where highway agreements form part of planning conditions
• Civil engineers and infrastructure teams responsible for delivering technical highway design and construction
• Landowners and promoters preparing sites for development where highway infrastructure is required
Working with experienced Section 278 highway agreement consultants ensures that highway requirements are identified early, reducing risk and avoiding delays during planning and construction.
Our Process
Initial Project Review
We assess the development layout, planning requirements, and site constraints to determine the scope of highway works and whether a S278 or S38 highway agreement is required.
Engagement with Highway Authorities
We liaise directly with the local highway authority to agree design standards, submission requirements, and the process for technical approval S278.
Preliminary and Detailed Design
Our team prepares highway designs, including access layouts, junction improvements, and internal road networks, ensuring compliance with adoptable standards.
Technical Approval Process
We manage the submission of detailed drawings and supporting documents required for approval, responding to authority feedback and coordinating revisions.
Legal Agreement Coordination
We support the preparation of legal agreements, including bonds, commuted sums, and formal documentation required for both S278 and S38 approvals.
Construction Support
During the construction phase, we coordinate with contractors and authorities to ensure works are delivered in line with approved designs and specifications.
Inspection and Adoption
For S38 projects, we assist with inspections, defect periods, and final certification to secure a formal highway adoption agreement.
What Is Included in Highway Agreement Services?
Highway Design and Layout
We produce detailed engineering drawings for road layouts, junctions, and access points that meet local authority standards.
Technical Approval and Documentation
The technical approval S278 process involves submitting detailed designs for review. We manage this process to ensure compliance and timely approvals.
Traffic and Capacity Analysis
We assess how proposed highway works will affect traffic flow, safety, and network performance.
Road Safety Audits
Independent safety audits are carried out at key design stages to ensure all potential risks are identified and mitigated.
Drainage and Infrastructure Integration
Highway works must integrate drainage systems and utilities. We ensure all elements are coordinated within the design.
Construction Coordination
We provide support during construction, ensuring works are delivered in accordance with approved specifications.
Legal Agreements and Financial Securities
We guide clients through the legal and financial aspects of agreements, including bonds and commuted sums required by authorities.
Road Adoption Process
For new roads, we manage the steps required to achieve adoption under a highway adoption agreement, ensuring compliance with all technical standards.
Planning & Policy Context
Highways Act 1980
S278 and S38 agreements are established under the Highways Act 1980, which governs works on public highways and the adoption of new roads.
National Planning Policy Framework (NPPF)
The NPPF requires developments to provide safe and suitable access while minimising impacts on the transport network.
Department for Transport Guidance
Guidance sets out best practices for highway design, safety, and integration with existing infrastructure.
Local Highway Authority Requirements
Each authority has specific requirements for design, materials, and construction standards that must be met for approval.
Sustainable Transport Requirements
Highway designs must consider walking, cycling, and public transport accessibility as part of modern planning policy.
How Long It Takes?
The timeline for completing S278 and S38 agreements depends on the complexity of the project and the scale of highway works.
Typical timeframes include:
• S278 agreements: approximately 3–6 months
• S38 agreements: typically 4–9 months
• Technical approvals: dependent on authority review periods and revisions
Early engagement with Section 278 highway agreement consultants can significantly reduce delays and ensure a smoother approval process.
Local Authority Requirements
Local highway authorities are responsible for reviewing and approving all highway works associated with development proposals.
They assess:
• Safety and suitability of access arrangements
• Impact on traffic flow and network capacity
• Compliance with engineering design standards
• Pedestrian and cyclist accessibility
• Long-term maintenance and durability
The highway adoption agreement process involves multiple inspections and compliance checks before roads can be formally adopted.
Working with an experienced highway works consultant ensures all submissions meet authority expectations, reducing the risk of delays or rejections.
Why Choose Capital TP?
Specialist Expertise
We provide dedicated S278 agreement support and S38 consultancy tailored to development requirements.
End-to-End Project Support
From initial feasibility through to adoption, we manage every stage of the process.
Planning Integration
Our approach ensures highway agreements align with planning conditions and development timelines.
Strong Authority Relationships
We maintain regular engagement with highway authorities, helping streamline approvals.
Risk Reduction
We identify potential issues early, reducing delays and unexpected costs.
Proven Delivery
Our experience spans a wide range of development types, ensuring reliable and compliant outcomes.
Areas We Serve
Capital TP provides Section 278 highway agreement consultants services across London and surrounding areas.
Inner London:
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Camden
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Greenwich
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Hackney
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Hammersmith and Fulham
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Islington
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Kensington and Chelsea
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Lambeth
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Lewisham
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Southwark
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Tower Hamlets
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Wandsworth
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Westminster
Outer London:
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Barking and Dagenham
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Barnet
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Bexley
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Brent
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Bromley
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Croydon
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Ealing
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Enfield
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Haringey
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Harrow
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Havering
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Hillingdon
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Hounslow
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Kingston upon Thames
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Merton
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Newham
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Redbridge
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Richmond upon Thames
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Sutton
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Waltham Forest
Additional Areas:
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City of London
