Even a small scheme can need work on the public highway: a new access, a widened footway or a dropped kerb crossing. Larger works like these are usually delivered under a Section 278 agreement with the highway authority.
What Section 278 is
Section 278 of the Highways Act 1980 lets a developer carry out works on the existing public highway, under an agreement with the highway authority. The council approves the design, inspects the works and takes them back into the public highway when complete.
The steps
- Preliminary design, usually at planning stage
- Detailed design and a Road Safety Audit where needed
- Technical approval by the highway authority
- The legal agreement, with fees and a bond
- Construction by an approved contractor, with inspections
- Completion and a maintenance period
The costs to plan for
- Design check and inspection fees, often a percentage of the works cost
- A bond or cash deposit as security
- Commuted sums for maintaining non-standard materials
- Legal fees
- Utility diversions, which can be the biggest surprise
Timescales
Approval times vary widely between councils. For a small scheme, several months from submission to signing is common. If occupation depends on the works, start the process as soon as planning permission is granted, or earlier if the council allows it.
Smaller works
Some minor works, such as a single dropped kerb, can be carried out through a simpler licence or the council’s own crossover service. Check which route applies before committing to a full agreement.
General information, not advice on a specific site. Policy and guidance correct as of October 2026.