S278 and S38 Highways agreements

s278 and s38 agreements govern the aspect of highway infrastructure contained within a proposed development. s278 agreements allow for alterations to be made to existing highway networks enabling developers to conduct works. The agreement will include details of the planning permission, design, programme of works, inspection and related costs.

s38 agreements relate to the maintenance of new highways by the highway authority and planning permission must be granted before they can be entered. The agreement will include details of the planning permission, technical drawings, programme of works and inspection. An associated fee covers the cost of these elements.

Both types of agreement can include pitfalls for developers (for example, open-ended indemnity provisions given by the developer) which should be avoided where possible. We are very familiar with both types of agreements, and can advise you on how to minimise your liability in negotiations.