Development projects often require changes to the surrounding road network. Where a development involves works to the existing public highway, a Section 278 agreement may be required.

These agreements allow developers to carry out improvements to roads that are already part of the public highway network. Understanding when a Section 278 agreement is required can help developers plan infrastructure works and avoid delays in the planning process.

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 a developer to carry out works to an existing public highway, subject to approval from the relevant highway authority.

These agreements are commonly used where development will affect traffic flow or require improvements to road infrastructure.

Typical works covered by Section 278 agreements include:

• new or altered junctions
• road widening
• traffic signal installations
• pedestrian crossings
• new access points to development sites

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

When Is a Section 278 Agreement Required?

Section 278 agreements are usually required when development proposals involve alterations to the existing highway network.

For example, a new residential development may require improvements to a nearby junction to accommodate additional traffic. Similarly, a commercial development might require new access roads or pedestrian crossings.

Highway authorities often require these improvements as part of the planning process to ensure that new development does not adversely affect road safety or traffic flow.

How Section 278 Agreements Fit into the Planning Process

Section 278 agreements often sit alongside other planning and infrastructure agreements.

For example, a development project may involve:

• Section 106 planning obligations
• Section 38 highway adoption agreements
• Section 278 highway works agreements

These agreements work together to ensure that infrastructure associated with a development is delivered effectively.

Because these agreements can affect development timelines, it is important that developers consider highway requirements early in the planning process.

Legal Advice for Developers

Section 278 agreements can involve detailed legal and technical obligations, including requirements relating to design approvals, financial security and construction standards.

Taking legal advice can help developers understand these obligations and ensure the agreement aligns with the overall development programme.

The Planning & Highways team at Wollens regularly advises developers and infrastructure professionals on negotiating and implementing Section 278 agreements across Devon and the South West.

Speak to a Planning & Highways Specialist

If your development requires highway improvements or works to the public highway, our team can help guide you through the Section 278 agreement process.affecting land or property, our specialist planning solicitors can help.

You can also complete an online enquiry form. One of the Wollens team will contact you as soon as they are available.