When a new housing estate, shop, or office building is built, it usually needs a way to connect to the existing road network. This is where Section 278 work comes in. It’s a legal process that allows developers to make changes to public roads so that people can safely access new developments.
What is Section 278 Work?
Section 278 gets its name from Section 278 of the Highways Act 1980, which is a law that covers how roads in England and Wales are managed. Under this law, developers can enter into a legal agreement with the local highway authority (usually the council) to carry out work on public roads.
This work is needed when a development requires changes to existing roads. Without these changes, there would be no safe way for vehicles and pedestrians to get in and out of the new site.
Think of it like this: if someone builds a new supermarket, customers need a proper entrance from the main road. That entrance has to be built to the same standard as other public roads, and the council needs to approve it. That’s what Section 278 work is all about.
What Types of Work Does Section 278 Cover?
Section 278 agreements can cover many different types of highway improvements. The table below shows some common examples:
| Type of Work | Description |
|---|---|
| New access junctions | Creating a new entrance from an existing road into a development site |
| Roundabouts | Building a new roundabout to manage traffic flow near a development |
| Right-turn lanes | Adding lanes that allow vehicles to turn safely into a site |
| Pedestrian crossings | Installing new crossings near a development for pedestrian safety |
| Road widening | Making an existing road wider to handle more traffic |
| Traffic signals | Adding or changing traffic lights to manage increased vehicles |
| Footpaths and cycleways | Building new paths that connect to the existing network |
| Street lighting | Installing new lights to keep the area safe |
| Drainage | Connecting the site’s drainage to the existing road drainage system |
Why is Section 278 Work Needed?
There are several important reasons why this process exists.
Road safety is the main concern. Any changes to public roads must meet strict standards. The council checks that all designs are safe for drivers, cyclists, and pedestrians before work can begin.
Quality control ensures that any new road features will last. Roads take a lot of wear and tear, so they need to be built properly. The council inspects all work to make sure it meets their standards.
Public benefit is built into the law. The Highways Act 1980 states that the highway authority can only enter into a Section 278 agreement if they believe the work will benefit the public. You can read the full text of this law on the UK Government’s legislation website.
How Does the Process Work?
The Section 278 process typically follows these steps:
Step 1: Planning permission – Before any Section 278 work can happen, the developer must have planning permission for their main project. The planning conditions usually state what highway work is needed.
Step 2: Design submission – The developer (or their contractor) creates detailed designs showing exactly what road changes they want to make. These designs must follow the council’s technical standards.
Step 3: Technical approval – The council’s highways team reviews the designs. They check everything is safe and meets their requirements. This can take several weeks or months.
Step 4: Legal agreement – Once the designs are approved, both parties sign the Section 278 agreement. This is a legal contract that sets out what work will be done, who will pay for it, and when it will happen.
Step 5: Bond or deposit – The developer must provide a financial bond or cash deposit. This protects the council if the developer fails to finish the work for any reason.
Step 6: Construction – Work can now begin on the highway. The council will send inspectors to check the work at various stages.
Step 7: Final inspection and adoption – Once all work is complete, the council does a final inspection. If everything is satisfactory, the road becomes part of the public highway network.
Who Pays for Section 278 Work?
The developer pays for everything. This includes the cost of the actual construction work, the council’s fees for checking designs, legal costs for preparing the agreement, and inspection costs during construction.
The cost varies widely depending on what work is needed. A simple dropped kerb access might cost a few thousand pounds, whilst a new signalised junction could cost hundreds of thousands.
What Happens if Work is Done Without an Agreement?
It is against the law to carry out work on a public highway without the council’s permission. If someone does work without a proper agreement, the council can take legal action against them. They may also require the developer to remove any changes and return the road to its original state – at the developer’s expense.
Section 278 vs Section 38: What’s the Difference?
These two sections of the Highways Act are often mentioned together, but they do different things.
Section 278 is for making changes to existing public roads. The road is already adopted (maintained by the council), and you’re modifying it.
Section 38 is for building brand new roads that will become public highways. For example, the new streets inside a housing estate that the council will eventually maintain.
Sometimes, both types of agreement are needed for the same development. A housing estate might need a Section 278 agreement for the new junction onto the main road, and a Section 38 agreement for all the new streets within the estate.
Finding the Right Contractor
Section 278 work requires specialist knowledge and experience. The contractor needs to understand both construction techniques and the detailed requirements that councils have for highway work. They also need proper insurance – most councils require contractors to have at least £10 million of public liability cover.
Working with an experienced contractor helps the process run smoothly. They know what councils expect, can prepare designs that are likely to get approved first time, and understand how to coordinate with utility companies and other stakeholders.
Summary
Section 278 work is an essential part of connecting new developments to the road network. It makes sure that any changes to public roads are safe, well-built, and benefit everyone who uses them. Whilst the process involves paperwork and approvals, it exists to protect road users and ensure that new road features will last for years to come.
