29 June 2026

Section 278 agreements: a developer's guide to S278 infrastructure works

How the Section 278 process works in England, the common pitfalls developers run into, and how R&W Langley delivers technical compliance on highway works.

Section 278 agreements: a developer's guide to S278 infrastructure works

A Section 278 (S278) agreement is a legal agreement under the Highways Act 1980 between a developer and the local highway authority that allows works to be carried out on the existing public highway in connection with a development. Whenever a new access, junction improvement, traffic signal, footway, crossing, or other change to the adopted highway is required to serve a development, an S278 agreement is the mechanism that authorises and governs those works.

When you need a Section 278 agreement

You will typically need an S278 agreement where:

  • A new vehicular or pedestrian access is being formed onto an adopted highway.
  • Junction alterations are required — bellmouths, ghost islands, signalised junctions or roundabouts.
  • Traffic calming, bus stops, controlled crossings or new footways/cycleways are introduced.
  • Drainage connections or service crossings affect the public highway.
  • Highway widening, realignment or visibility splays are conditioned by planning consent.

Planning conditions often refer to these works directly, and discharge of those conditions depends on the S278 being signed and the works completed and adopted.

The S278 agreement process

The Section 278 agreement process generally follows these steps:

  1. Pre-application discussion with the highway authority — agree the scope, design standards (DMRB / MfS) and likely commuted sums.
  2. Detailed design of the highway works to the authority's technical approval standards.
  3. Stage 1 and Stage 2 Road Safety Audits on the design.
  4. Technical approval of drawings, drainage calculations, lighting and structures.
  5. Drafting and execution of the legal agreement, including bonds and inspection fees.
  6. Construction under the authority's supervision, with held points and inspections.
  7. Stage 3 Road Safety Audit and snagging on completion.
  8. Maintenance period (typically 12 months) followed by final certification and adoption.

Common pitfalls in S278 highway works

Most delays on S278 schemes do not come from the construction itself; they come from upstream issues that the right contractor can help avoid:

  • Design not built for the standard. Detailing that does not match the highway authority's specification — kerb types, tactile layout, ironwork, surfacing build-up — causes rejection at technical approval.
  • Drainage that ignores the receiving system. Connections, attenuation and surface water routing must be agreed with both the highway authority and the relevant drainage undertaker.
  • Underestimated traffic management. Lane closures, temporary signals and out-of-hours working need to be planned, costed and permitted early.
  • Buried services. Statutory undertakers' apparatus rarely sits where the records say; diversions and C3/C4 estimates can dominate the programme.
  • Bond and commuted sum surprises. Bonds are sized against the engineer's estimate; underpricing at offer stage leads to disputes at signing.
  • Inspection regime. Held points missed mean re-excavation. The works must be built to be inspected, not just to be completed.

How R&W Langley delivers technical compliance

R&W Langley has delivered S278 infrastructure works across the South of England since 1981. The civil engineering division works directly with developers, consultants and local highway authorities to take schemes from technical approval through to adoption:

  • Pre-construction engagement with the design team and the authority's network management to align on specification, programme and traffic management.
  • In-house highway construction: surfacing, kerbing, drainage, signing and lining, traffic signals and street lighting connections.
  • NRSWA-qualified operatives and supervisors, with chapter 8 trained traffic management.
  • Quality records built around the inspection regime — material certificates, compaction tests, levels, and as-built drawings prepared for adoption.
  • A single point of accountability from setting-out to the issue of the Final Certificate.

Talk to R&W Langley about your S278 scheme

If you are designing a development that requires Section 278 highway works in the South of England, R&W Langley can help you de-risk the scheme — at design stage, at tender, or under construction.

Get in touch via the contact page and we will route your enquiry to the Langley team.

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