On this page you will find information on what is Section 38 Agreement and the guidance documents to help you with the application form.
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 38-44) (PDF)
- Highways Specification document - updated February 2021 (PDF)
- Worcestershire County Council Standard Details Part 1 document (PDF)
- Worcestershire County 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:
Step 2: Apply
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 or call 01905 844053.
- 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
For further information regarding Section 38 Agreements, please email HighwayTechSub@worcestershire.gov.uk or call 01905 844053.