Highways development – S278/38 agreements

Planning applicants sometimes need to enter into legal agreements with the council as the Local Highway Authority. These legal agreements would be entered into under either:

The requirement to enter into either of these agreements as part of your planning permission will be set out in either:

  • Your S106 legal agreement, or
  • The planning conditions within the decision notice

Documents to submit

If you are required to enter into a S38 or S278 agreement, you need to send the following documents to s278developments@wandsworth.gov.uk.

Plans need to be scaled at printed size e.g. 1:500 @ A1

  • Your completed Initiation Form
  • An overview plan of the development
  • A plan showing the existing and proposed highway layouts and levels of the works
  • A plan showing the existing and proposed streetlighting design
  • A plan showing any modification of existing and proposed lining and signage
  • A plan showing the existing and proposed surface water drainage arrangement
  • A plan showing material and landscaping specifications
  • A plan showing the existing and proposed horizontal and longitudinal sections if deemed appropriate
  • Where applicable, Approval in Principle (AIP) of a basement/structure adjacent to the highway boundary
  • Stage 1 road safety audit

Next steps

Once you have sent the above documents, officers will aim to acknowledge receipt within 15 working days along with:

  • Details of any further information required
  • An outline of what their work includes and does not include
  • An estimated timeframe for undertaking the technical review, typically 28 working days
  • A request for monies on account to cover the estimated time incurred by council officers in drawing up the S278 or S38 agreement. Officer time will be charged at a minimum amount of £620 reflecting five hours of work at a rate of £124 per hour. This invoice must be paid on account prior to officers commencing the technical review.  A full reconcile of the account will be carried out, actual hours against estimated hours, on completion of the technical review and any outstanding balance will be required before technical approval is granted
  • A Stage 2 safety audit must also be completed before technical approval is granted.

The application fee mentioned above will not cover legal costs estimated by the solicitor which we will employ to draft the legal text of the agreement. The estimate for this work will be provided by our solicitor.

If technical approval is given

If technical approval is given for your proposed highway works, you will receive the following:

  • Written confirmation of the technical approval of the plans submitted. This will include the cost estimate of any Traffic Management Orders required to amend on-street parking or loading restrictions under the Road Traffic Regulation Act 1984
  • An estimate of the cost of the works to be carried out on the highway that will need to be secured via a bond
  • An estimate of any commuted sums payable to the Local Highway Authority for maintenance of the highway works
  • Confirmation of the inspection fee (usually 5% of the total cost of the works).

The bond will need to be secured, and the inspection fee and commuted sums paid, before the highway works can take place, as will be set out in the final copy of your S38 and/or S278 agreement.

Before work commencement

For work commencement and completion, the developer is required to:

  • Provide a minimum 10 working day notice period to allow the Highway Authority to inspect the works during construction
  • Submit a completed Stage 3 road safety audit upon works completion
  • Remain responsible for maintenance until the final completion certificate is issued (usually 12 months from substantial completion and subject to all outstanding defects being completed)

Background information

Contact

If you have any questions about this process, please contact the Transport Strategy team on transportation@wandsworth.gov.uk

Up to Transport

Updated: 18/09/2023