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Section 38 Agreement application

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:

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: 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 or call 01905 844053.


For further information regarding Section 38 Agreements, please email or call 01905 844053.