Sections 38, 50, 58, 171, 184 and 278

Sections 38, 50, 58, 171, 184 and 278

Apply for agreements or works licences.

Section 38 Agreement application

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:

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:

See also:

Step 2: Apply

Download the application form

The form sets out the details and information required to enable us to process the application.

Send the application form with the required documents to: HighwayTechSub@worcestershire.gov.uk or alternatively to the following address: Section 38/278 Technician, Network Control, Worcestershire County Council, County Hall, Spetchley Road, Worcester, WR5 2NP

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 commuted sum payments and payments over £10,000 please email HighwayTechSub@worcestershire.gov.uk 

Contacts

For further information regarding Section 38 Agreements

Contact us

Section 50 streetworks licence application

Steps

If you would like to apply for the Section 50 licence follow these steps:

Step 1: About the Section 50 licence

Step 2: Apply (if your organisation does not yet have an online account, go and create a company account)

Step 3: Read the guidance notes

Step 4: Track your application via your dashboard - you can find an application based on the request ID, the location, the type of application, the work type, the road name, the town, postcode or the date the works are expected to happen: Login to your account

Section 58 Protected sections of the highway

Section 58 of the New Roads and Street Works Act 1991 is a legal notice which is served on all the 'statutory undertakers' who carry out work in the county. It allows local authorities to protect sections of the highway from certain works, following substantial road works (e.g. resurfacing or reconstruction).

The Council provides advance notice of these restrictions so that works promoters (Utility companies, or private contractors/developers) can arrange to conduct their works in advance of the restriction coming into force. This process promotes better works planning and co-ordination, helps minimise disruption to road users, and helps to prolong the life of the roads.

The restrictions can last up to 3 years following the completion of the works, dependent on the type of works and traffic sensitivity of the street or road. Works including emergency works, such as gas escapes or loss of power, and a new service or supply, are exempt from the restriction. All other works outside the exempt categories require the council’s consent.

An in-force restriction may be rescinded by the council if circumstances change and mean the restriction is no longer required.

To view Section 58 Restrictions, visit the Roadworks Map and then choose:

  • customize my map
  • operational information
  • section 58 restrictions

Section 171 consent application

Steps

If you would like to apply for the Section 171 consent follow these steps:

Step 1: About the Section 171 consent

Step 2: Apply (if your organisation does not yet have an online account, go and create a company account)

Step 3: Read the guidance notes

Step 4: Track your application via your dashboard - you can find an application based on the request ID, the location, the type of application, the work type, the road name, the town, postcode or the date the works are expected to happen: Login to your account

Section 184 licence application

A Section 184 license (Highways Act 1980) requires a developer to obtain a license from the Highway Authority for the construction of a temporary vehicular access relating to a new development, which then become incorporated into a Section 278 or combined Section 278/38 Agreement.

If you would like to apply for a 184 licence, please follow these steps:

Step 1: Read our guidance documents

We have written detailed guidance documents on Section 184 licence which you may find useful:

Step 2: Apply

Download the application form

The form sets out the details and information required to enable us to process the application.

Send the application form with the required documents to: HighwayTechSub@worcestershire.gov.uk or alternatively to the following address: Section 38/278 Technician, Network Control, Worcestershire County Council, County Hall, Spetchley Road, Worcester, WR5 2NP

Commencement on site will only be permitted when:

  • the license is signed
  • all technical details have been approved
  • all necessary fees have been paid 
  • street work permits are in place for the work

Make a payment

For commuted sum payments and payments over £10,000 please email HighwayTechSub@worcestershire.gov.uk 

Contacts

For further information regarding Section 184 licences

Contact us 

Section 278 Agreement application

Section 278 of the Highways Act 1980 allows a third party, usually a developer to enter into a legal agreement with the Local Highway Authority (LHA) to make alterations or improvements to a public highway. This is usually necessary where planning permission has been granted for a development that requires improvements, or changes, to the existing roads and footways that form part of the publicly maintained highway.

The Licence holder, usually the developer, must always act within the conditions of the S278 agreement and current legislation. Where the Licence holder fails to comply with the conditions of the Licence, the LHA may act to enforce these conditions, including asking for the performance bond to be used to complete the works. 

The developer should note that it is an offence to carry out any works within the public highway without permission of the LHA and no construction work affecting the highway should commence until a S278 agreement or other appropriate licence has been obtained from the county council. Also, the applicant is to comply with the terms of the works noticing scheme used in the county.

The existence of a Section 278 agreement or other licence to undertake highway works as part of the development, the granting of planning permission or the absence of a requirement to obtain planning permission do not provide any exemption from the requirement to obtain a road space permit before undertaking any works in the highway and to comply with the conditions of that licence. Equally, the granting of a road space permit for highway works does not provide an exemption from any planning or building regulations requirements which may exist.

If you would like to apply for the Section 278 Agreement, please follow these steps:

Step 1: Read our guidance documents

We have written detailed guidance documents on Section 278 Agreement which you may find useful:

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:

See also:

Step 2: Apply

Download the application form

The form sets out the details and information required to enable us to process the application.

Send the application form with the required documents to: HighwayTechSub@worcestershire.gov.uk or alternatively to the following address: Section 38/278 Technician, Network Control, Worcestershire County Council, County Hall, Spetchley Road, Worcester, WR5 2NP

Please note that commencement on site will only be permitted when:

  • the agreement is signed
  • all technical details have been approved
  • all necessary fees have been paid 
  • street work permits are in place for the work

Make a payment

For commuted sum payments and payments over £10,000 please email HighwayTechSub@worcestershire.gov.uk 

Contacts

For further information regarding Section 278 Agreements

Contact us

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