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Breadcrumb

  1. Home
  2. Council services
  3. Travel and highways
  4. Highways licences
  5. Applications for development agreements, consent or work licences
  6. Section 38 Agreement application
In this section
  • About the Section 50 licence
  • About the Section 171 consent application
  • Section 38 Agreement application
  • Section 58 Protected sections of the highway
  • Section 184 licence application
  • Section 278 Agreement application
  • S278 road space or S184 road space application
  • Non-Excavation Works on the highway consent

Section 38 Agreement application

Section 38 Agreement application

Allowing developers enter into a legal agreement with the Local Highway Authority to have new highway infrastructure adopted and maintained at public expense.

We have launched the new S278 and S38 Worcestershire County Council Developer Portal. This is now the only way to submit your S278 and S38 applications to the County Council. Please scroll down to Step 2 on this webpage for links to the new portal and guidance documents to support you through your applications. The portal provides a central location for Developers and their Consultants to submit and track S278 and S38 applications with the Council. In addition, the portal enables communication between all parties involved to be recorded in one location, accessible to those involved in the application.

Section 38

A Section 38 Agreement is a section of the Highways Act 1980 that allows developers enter into a legal agreement with the Local Highway Authority to have new highway infrastructure adopted and maintained at public expense.

If you would like to apply for the Section 38 Agreement, please follow these steps:


Step 1: Read our guidance documents

We have written detailed guidance documents on Section 38 Agreement which you may find useful:

  • Streetscape Design Guide document (please see section 6, pages 51 to 58) (PDF)
  • Highways Specification document - updated February 2024 (PDF)
  • Council Standard Details Part 1 document (PDF)
  • Council Standard Details Part 2 document (PDF)

We have also created a development management process chart which shows the stages from the pre-application discussions with the local planning authority to when the works begin on site. This chart may be helpful of understanding the process from the beginning to the end:

  • Technical Audit Flow Chart (PDF)
  • Registration Flow Chart (PDF)

See also:

  • Manual for Streets 2 (TSRGD website)

Step 2: Apply using the Developer Portal

All S38 submissions are to be made through Worcestershire County Council's Developer Portal below.

Developer Portal

The Developer Portal User Guide (PDF) details how to use the Developer Portal to make S38 and S278 applications to the Council.

The S38 Declaration Form (PDF) must be signed by a person with authority to make such declarations and execute a financial instrument on behalf of the developer (e.g., Director).

Please note that Worcestershire’s supervision of the works will only commence when:

  • all technical details have been approved
  • all necessary fees have been paid

Make a payment

For payments over £10,000, please email: S278andS38@worcestershire.gov.uk 

  • S38 scheme initial registration fee
  • S38 supervision fee
  • S38 design check and site inspection fee
  • S38 Jacobs design checking fee
  • Jacobs lighting design fee
  • TRO fee

Contact us

If you require further information regarding S38 Agreements, please email: S278andS38@worcestershire.gov.uk 

For further information regarding Section 38 Agreements

Contact us

Useful links

  • Create a company account
  • Section 50
  • Section 58
  • Section 171
  • Section 184
  • Section 278

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