Section 278 agreement for developers

Do you need a Section 278 Agreement for your development?

If you're a commercial developer, and you already have planning permission for a development where significant public highway works are required, you may need to apply to us for a Section 278 Agreement.  

If you require a Section 278 Agreement your planning consent will contain the clause below: 

"Prior to the commencement of development, details shall be submitted to and approved in writing by the Local Planning Authority of arrangements which secure the following highway improvement works." 

A list of the works required will follow.

If a Section 278 Agreement is required it should be completed by all parties before the development begins. 

Fees and charges

Please note, the following fees and charges are estimates and may vary depending on the technical complexity and size of the development.  We'll confirm our estimate of the fees that you'll need to pay before we grant the Section 278 Agreement. You may be liable for any additional costs that arise during, or as a result of, the works. 

Section 278 elements

Fees

Abortive fee agreement (includes checking your plans and protection for the Council against financial loss if you don't proceed with the development) £3000 to £5000
Council supervision fee  7% of the estimated total cost of the works
Legal fees £1000
Traffic Regulation Order (eg traffic lights, pedestrian crossings, parking and loading restrictions)                           £3000 to £4000
Developer's bond (including any relevant statutory undertakers' works) 100% of the agreed estimated total cost of the works 
  • 90% released on issue of completion certificates
  • 10% released on successful completion of maintenance period and issue of final certificate

How to apply 

Please read our Section 278 Agreement document before you apply, fill in the forms at the end of the document and return them to us.

You'll need to provide:

  • your planning consent reference number for the development
  • the details of your solicitor, designer and agent (if you have one)
  • An outline schedule of the proposed works to the public highway 

What happens next

When we receive your completed forms we'll calculate the estimated fees associated with the Section 278 Agreement and contact you. You'll then need to pay for the abortive fee element of the application, before you submit any detailed proposals to us, and before we can start to process a Section 278 Agreement. Details of how to pay will be in your correspondence.

Our Section 278 document describes in detail the process of submitting your plans and the checks that we'll need to make, before we can allow the works to begin.

When a Section 278 Agreement has been granted you'll be responsible for all aspects of the work that are specified within it. This includes ensuring that the works are fully completed to a satisfactory standard, to be agreed with us.