Post Grant of Planning Consent

Off Site Highway Improvements and the Section 278 Agreement

Post Grant of Planning Consent – Part One

Off Site Highway Improvements and the Section 278 Agreement

Following the grant of planning permission there will normally be a series of planning conditions attached to the development that must be discharged prior to either commencement of construction or the occupation of the development.

Highway works are often addressed in principle only in the Transport Assessment or the Architect’s design for the development and typical conditions require, for example, the submission of detailed construction plans and specifications for the highway works, parking or service areas, or other infrastructure such as new bus stops and shelters, to facilitate access by sustainable modes of transport.

Delivery of Off-Site Highway Improvements

Where the traffic impact of the development is such that off-site highway improvements are needed, the means by which this is achieved is usually via an agreement with the Local Highway Authority under Section 278 of the Highways Act 1980. This legal agreement allows alteration to the public highway where there is benefit to the public and the works are required to enable the development to proceed.

After initial discussions with the Local Highway Authority, the Highway Engineer proceeds with the detailed design of the works, to provide a package of construction drawings and specifications for the works, which once approved by the Highway Authority, will allow both costing and construction to take place. These plans are usually provided to the Local Planning Authority for approval as part of the discharge of planning conditions, and the works are normally implemented and completed before the development is brought into use. It is however quite normal for such designs to have been investigated by the Highway Engineer during the Post Planning Submission process to enable the client to be fully aware of the likely development costs that are involved.

Section 278 Agreement

Where the traffic impact of the development is such that off-site highway improvements are needed, the means by which this is achieved is via a legal agreement with the Local Highway Authority. Whilst there are different Sections of the Highways Act under which these works can be completed, the one most preferred by Highway Authorities is Section 278. This legal agreement (Section 278 Agreement) allows alteration to the public highway only when there are benefits to the public associated with the improvement works.

A bond is usually required by the Highway Authority to cover for the possibility of default by the developer should they not compete the works, which then allows the Highway Authority to utilise the bond to implement the works themselves instead.

The responsibility for the majority of roads lies with Local Highway Authorities. However where the strategic road network is affected, the responsibility falls to the ‘Secretary of State for Transport’ via National Highways.

The strategic highway network typically includes all Motorways and Trunk Roads, and the junctions that connect them to the wider highway network.

After initial discussions with National Highways or the Local Highway Authority, the Highway Engineer proceeds with the detailed design of the works, to provide a package of construction drawings and specifications for the works, which once approved by the Highway Authority will allow both costing and construction to take place. These plans are usually provided to the Local Planning Authority for approval as part of the discharge of planning conditions and the works are normally implemented and completed before the development is brought into use.

The Highway Engineer also usually contacts all the statutory undertakers (Telecom, Cable, Electric etc.) in the area of the off-site works to identify any apparatus that may require diversion, protection or strengthening and obtains a costing and lead in times for the works to be carried out. Should major statutory undertakers works be required then a redesign may well be considered to avoid impacting on the statutory undertakers apparatus thereby reducing the costs of the works.


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Swept Path Analysis and Visibility Drawing incorporated into a Technical Note, Proposed Residential Dwelling, Colchester.

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Thank you so much for your fast and efficient service, the speed survey was conducted efficiently and the report given has really helped our planning application process with highways moving forward. Communication from yourselves was also fantastic and swift. Would most definitely recommend you to everyone. Much appreciated! Ismail Chopdat (Private Individual)

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Analysis of Speed Survey and Swept Path Analysis

Brett and the Sanderson’s team were invaluable to us in obtaining highways consent which in part cleared the way for our planning application to be approved. They provided a proactive professional and personable approach to satisfy and fulfil the Cambridgeshire highways requirements. We recommend them and will use them again. Daykin Waters Waters Developments

Stage 2 Road Safety Audit, Residential, Staffordshire

Sanderson Associates were the successful bidder for carrying out a Stage 2 Road Safety Audit on behalf of TSP Projects. Their team were committed to the tight programme, and not only did they undertake the audit and agree terms and conditions in a short space of time they were receptive and flexible with planning the […]

Construction Traffic Management Plan

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Flood Risk Assessment, Testimonial, Industrial Development, Sheffield

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Travel Plan

We have worked with Ashley, found the service very professional, efficient and cost-effective. We received the surveys and reports on time and were kept fully appraised with everything, excellent service all round. Recommend using Sanderson again in the future. Thank you, Al Ihsan Trust

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Off Site Highway Improvements, Transport Assessment, Detailed Construction Plans
Access Point, Parking, Service Area, Sustainable Modes of Transport
Section 278 Agreement, Highways Act 1980, Discharge of Planning Conditions
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