Section 278 agreements are commonly required where a development involves works to the existing public highway. These agreements enable developers to carry out alterations or improvements to roads that are already part of the public highway network.

At Wollens, our Planning & Highways team advises developers, landowners and infrastructure professionals on negotiating and implementing Section 278 agreements. We work closely with development teams and highway authorities to ensure highway works agreements are clearly structured and aligned with the overall delivery of development projects.

Whether you are delivering a residential development, commercial scheme or infrastructure project requiring highway improvements, our team can guide you through the legal framework surrounding Section 278 agreements.

Simon Rowland - Wollens Solicitor

Speak to a Section 278 Agreements Specialist

If your development requires improvements to the public highway, our Planning & Highways team can help guide you through the legal and regulatory process.

Simon Rowland
simon.rowland@wollens.co.uk | 01392 539199
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What Is a Section 278 Agreement?

A Section 278 agreement is a legal agreement made under Section 278 of the Highways Act 1980. It allows developers to carry out works to an existing public highway, such as altering junctions, constructing new access roads or improving traffic infrastructure.

These agreements are typically required where development will increase traffic or require changes to the existing highway network.

Common works undertaken under Section 278 agreements include:

  • junction improvements
  • new access roads
  • traffic signal installations
  • pedestrian crossings
  • road widening or traffic management works

The agreement ensures that highway works are carried out to the standards required by the relevant highway authority.

Our Section 278 Legal Services

Our Planning & Highways solicitors advise on all aspects of Section 278 agreements.

Negotiating Highway Works Agreements

We assist developers in negotiating Section 278 agreements with highway authorities and ensure the terms of the agreement support the development timetable.

Speak to Simon Rowland →

Reviewing Infrastructure Obligations

Section 278 agreements often sit alongside other planning and infrastructure agreements. We review these arrangements to ensure they align with the overall development structure.

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Supporting Highway Delivery

Our team works alongside engineers, planning consultants and development managers to ensure highway agreements are implemented efficiently.

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Managing Highway Authority Approvals

Section 278 agreements often require detailed approvals from highway authorities before works can proceed. We assist developers in navigating approval processes, coordinating legal documentation and ensuring the agreement aligns with the technical requirements for highway works.

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FAQ’s

What is a Section 278 agreement?

A Section 278 agreement is a legal agreement made under Section 278 of the Highways Act 1980 which allows developers to carry out works to an existing public highway. These works might include junction improvements, new access roads, traffic signals or other highway infrastructure required to support a development.

Wollens’ Planning & Highways team regularly advises developers and infrastructure professionals on negotiating and implementing Section 278 agreements as part of development projects.

When is a Section 278 agreement required?

Section 278 agreements are typically required when a development requires improvements to the existing public highway network. For example, a new housing development may require changes to a junction, road widening or additional pedestrian crossings.

Developers are usually required to enter into a Section 278 agreement with the relevant highway authority before carrying out these works.

Who enters into a Section 278 agreement?

A Section 278 agreement is usually entered into between the developer and the highway authority responsible for the road network affected by the development. In some cases landowners or other parties may also be involved where land or infrastructure is affected by the works.

Wollens advises developers and landowners on the legal obligations arising from Section 278 agreements and works closely with development teams and highway authorities during the negotiation process.

What types of highway works are covered by Section 278 agreements?

Section 278 agreements commonly cover highway improvements required to accommodate development traffic. This can include works such as new junction layouts, road widening, new access roads, pedestrian crossings and traffic management measures.

These works must be carried out in accordance with the highway authority’s design standards and approved construction processes.

How long does a Section 278 agreement take to complete?

The timeframe for completing a Section 278 agreement can vary depending on the complexity of the proposed highway works and the requirements of the highway authority. The process typically involves negotiation of the agreement, technical approvals, construction of the works and final inspection.

Our Planning & Highways team at Wollens works with developers and infrastructure specialists to help ensure agreements are structured efficiently and aligned with development timelines.

Do developers need legal advice for Section 278 agreements?

Section 278 agreements often involve detailed legal, technical and financial obligations. Taking legal advice can help developers understand the terms of the agreement, coordinate with other planning obligations and ensure highway works agreements align with the wider development programme.

Wollens provides practical legal advice to developers, landowners and infrastructure teams involved in highway agreements across Devon and the South West.