Section 278: a love story

People sometimes ask what a Section 278 agreement is. The short answer is a legal agreement that lets a developer build works on the public highway. The long answer involves technical approval, inspection fees, bonds, road space bookings and a fair amount of tea.

We've done a lot of them. Enough to know that an S278 is less of a sprint and more of a long walk with good company.

It starts with optimism. The planning consent is in, the client is keen, and the access is 'only a bit of kerb realignment'. Then the technical submission goes in, and the comments come back. Then the response goes in, and a few more comments come back. Then someone asks about the street lighting. Then someone asks about the drainage outfall. Then, out of nowhere, someone asks about a tree you didn't know existed.

None of that is anyone being awkward. The people on the highway authority side are looking after a road they'll maintain for decades after the developer has gone home. If we were in their shoes (and we've worked on that side of the fence too), we'd ask the same questions.

What helps is getting it right before it goes in. Clear drawings, the right details, the boring bits answered before anyone has to ask. It doesn't make the process instant – nothing in highways is instant – but it does mean fewer rounds of 'just one more thing'.

Our favourite part? The day the works are done, the road's open, and nobody driving past has the faintest idea how much effort went into that bit of kerb.

That's how you know it went well.

If you've got an S278 coming up and want someone in your corner, give us a shout.