Section 278 of the Highways Act 1980 allows a Developer to carry out works to the public highway. This is generally necessary where planning permission has been granted for a development that requires improvements to or changes to the public highway. It allows developers to enter into a Legal Agreement with the Council, to make alterations and improvements to a public highway, as part of a planning application. On most development sites, it will be necessary to alter the existing public highway layout. The S278 agreement is drafted between the Highways Authority and the Developer. It allows for any highways works required as part of the project to enable the development to operate, in accordance with the planning permission.

Depending on the Highways Authority, the process can be lengthy. We advise developers to start discussions as early in the project as possible to avoid delays in the programme.

As part of the S278 process, the Developer may be required to submit a highways design pack for technical approval. The technical review and the implementation of the project will be fully funded by the Developer. The Developer will be required to pay costs associated with making the agreement.

Section 38 Agreements can be entered alongside Section 278 Agreements, which enable Developers to ask the Highways Authority to “adopt” new roads along with associated infrastructure such as drains, lighting and “supporting structures”.

Section 38 of the Highways Act 1980 provides that when planning consent has been granted for a new development, Developers may ask the Highway Authority to ‘adopt’ new roads that have been constructed as part of the development, along with associated infrastructure such as drains, lighting and supporting structures.

Adoption means that the Highways Authority agrees to undertake maintenance of the road from an agreed date, at the public expense. The agreement between the Highways Authority and the Developer is called a Section 38 Agreement.

Section 38 Agreements are often entered into alongside Section 278 Agreements which allows Developers to carry out works on a public highway

As with the Section 278 process, the Developer will be required to submit a highways design of the new roads to the Highways authority for approval. In addition to design review costs, the following fees may be applicable:

* Preparing the agreement *

* Monitoring the works *

* Commuted Sums *

* Bonds *

Until the road has been adopted, the Developer will be responsible for maintenance costs until adoption. This usually takes 12 Months.

Complete streets are more than cycle lanes, footways or and vehicle lanes; they are spaces that engage the people in the right way. New urbanists have long advanced the idea that the Public Realm ties cities together and is a potential source of joy and inspiration to all inhabitants. 

Assuane Consulting have experienced engineers with vast knowledge in dropped kerbs applications. We are fully qualified to carry out driveway construction and dropped kerb installation in accordance with Local Authority Standards.

If you intend to drive a vehicle over the footway into your front garden, which is off a highway, then you will need a dropped kerb and associated approvals from the Highways Authority. If you do not have this permission, then by law you must not drive over the footway as you would be in breach of the Highways Act 1980. You would be at risk of having enforcement action taken against you and made liable for any damage to the surface, to the sub-formation of the footway, or any utility services damaged, as a result of such action.

If you would like more information on installing a drop kerb (vehicle crossing) to your property and would like assistance with the application to your local council, please do not hesitate to contact us.

We acknowledge that a paved area is an investment. From patios to walkways, selecting the best pavers for your project will be an important and complex consideration. For example, porous surfaces are the number one surface choice for paved areas like driveways and parking due to their permeability. Pressure on parking spaces has meant that driveways, patios or parking on a front garden have increased significantly.

If you’re in need of a new paved area, give us a call. Before we begin our paving process, we will discuss your vision and offer our professional advice on layouts, dimensions and costs. We’ll also make sure that any drainage matters are taken care of and that your project has a solid foundation and fit for purpose.

As Highway Design Consultants we liaise with our clients closely to ensure we fully understand their needs and requirements. We undertake a full feasibility study of all highway design schemes producing a detailed report into the findings with recommendations and proposals. We are happy to work with your engineers or to manage the full project from the initial design into construction and where required, site supervision. We can also attend public meetings and deal with public enquiries throughout the length of the project.

* Carriageway widening *

* Footway widening *

* Residential development design (private road and potential adoption) *

* Junction design *

* Roundabout design *

* Cycle schemes *

Swept Path Analysis is the simulation of a vehicle moving within a digital design. Its purpose is to assist on designs such as roads, driveways, developments or parking facilities. This is to ensure that specific vehicles can manoeuvre through specific routes and secure visibility displays and avoid overruns.

We can provide TTM designs for urban, suburban and rural roads, dual carriageway anywhere in the UK, using the latest industry software available. Whether it is a small or major project, your requirements can be discussed and we can provide you with a fully comprehensive site visit to advise and design the safest and most efficient way to work, fully compliant with the current regulations.

Anyone who wishes to carry out works on a highway to install or maintain an apparatus will need to apply for a street works licence (Section 50 Licence). This is a requirement under the New Roads and Street Works Act 1991. 

At Assuane Consulting we can submit and fully manage your application with the relevant Local Authority.