The Road Agreements Team are responsible for S38, S278 and private street agreements. They carry out technical auditing, processing of agreements, site inspection and adoption of S38 and S278 works.
Advance Payment Code S220 are noticed, processed and enforced by the Road Agreements Team.
How to make an application
To make a Section 38 or Section 278 submission please download the relevant application form from this page and submit to the Road Agreements Team. The private street submission application form will soon be available to download from here, in the meantime please contact the Road Agreements Team to request the submission requirements.
- S278 application form (docx format, 64Kb)
- S38 application form (docx format, 48Kb)
- Private street agreement application form (docx format, 42Kb)
How to submit your application
All Section 38/278/PSA submissions applications and accompanying documentation must now be made electronically in PDF format.
If you have any queries please contact us.
The following information relates to a change in the fee payment process for Section 38 (s38), section 278 (s278) & private street agreements (PSA)
The 10% monitoring & inspection fee is payable to Oxfordshire County Council at the submission stage for all s278, s38 and private street agreement applications. OCC Road Agreements Team will calculate a preliminary cost of works which will be used to then inform the monitoring and inspection fee.
The final monitoring and inspection fee will be calculated on the technically approved suite of drawings. If the final fee amount should be greater or lesser than the amount already paid, the difference will be accommodated in the final fee payment due prior to the technical approval certificate being issued.
For exact requirements of submission information please refer to the relevant application form.
As of 1 April 2021 Oxfordshire County Councils Road Agreements Team is able to offer a new service to discuss developments in advance of a formal submission being made. This service is called Pre-Submission Advice and can be utilised for developments, at any stage. The discussions will not prejudice the planning process in any way nor any other authorisations that may be applicable (such as drainage approval or traffic calming).
Parameters of the meetings will be bespoke to specific developments and can cover the areas noted below. A request for this service would need to be sent to firstname.lastname@example.org, a response will detail the payment mechanisms, timeframes, and required information to be submitted in advance of the scheduled meeting.
Pre-submission service topics;
- Engineering specifics – including any areas of concern, departures from standard, geometry, horizontal/ vertical alignments, construction, materials, testing.
- Adoptability requirements – if the development is envisaged to be adopted, the meeting can be used to discuss parameters of adoption.
- Process and legalities – in-depth and specific discussion around legal requirements, complications, time frames, differences between Section 278s/ 38s/ PSAs/ APCs, and general processes.
- Potential land issues – the highway and title can be reviewed to ascertain if there are any land issues. If land issues are present, discussions can be had on how to potentially overcome them.
- Finances – site-specific or general advice on Commuted Sums, Bond Sums, Bonds/ Security Deposits, Inspection Fees including how these are calculated, when they are due to be paid and how.
- Safety concerns – taking into account existing safety concerns, new safety concerns, and considerations to RSAs to agree on outcomes.
- £3,500 - S278/S38 Pre Submission Advice (Submission review with short report & 2-hour meeting) Up to scheme value £500k
- £5,000 - S278/S38 Pre Submission Advice (Submission review with short report & 2-hour meeting) scheme value in excess of £500k
- £250 - Follow-up Pre-submission Advice each meeting
- £500 - Follow-up Pre-submission Advice each site meeting
- £250 - Follow-up Pre-submission Advice each written response additional to follow up meeting/site visit
Maintenance fee – also known as Commuted Sum, is for funding the maintenance of new highway assets that the Highway Authority will be adopting and becoming responsible for. This fee is calculated once technical approval has been issued and is index-linked. The commuted sum is required to be paid prior to commencement of S278 works and prior to adoption of S38 works and is to be paid by BACS, an invoice can be arranged on request.
Once any payment has been made please notify the Road Agreements Team, please include confirmation of the amount paid and any reference number.
Please be aware that the maintenance fee can only be invoiced once the relevant agreement is in place. We are unable to raise invoices for the payment of the monitoring and inspection fee.
Our Legal Department and other Highway Teams charge for their time and work separately from the Road Agreements Team, those teams will be able to confirm their fee structures when you request from them.
Road space booking
Please note the network team are unable to process applications for road space booking without the S278 agreement being in place.
- Technical information sheet (pdf format, 129Kb)
- Advanced Payment Code (pdf format, 31Kb)
- Colouring for legal plans (pdf format, 124Kb)
- Section 184 and 278 Comparison (pdf format, 67Kb)
- Traffic Signal Requirements (pdf format, 32Kb)
- Gap protocol explanatory notes (pdf format, 728KB)
- Ditches explained (pdf format, 85Kb)
- Bitumen Material Testing (pdf format, 75Kb)
- CBR Testing Regime (pdf format, 71Kb)
- Foundation CBR Table (pdf format, 80Kb)
- Key Stages for Site Inspections (pdf format, 72Kb)
- Notes for Contractors working on the Highway (pdf format, 30Kb)
- Pre-start Meeting Details (pdf format, 74Kb)
- Requirements for fill material in Highways for adoption (pdf format, 81Kb)
- S38 Sign Off (pdf format, 64Kb)
- S278 Sign Off (pdf format, 64Kb)
- Health and Safety File (pdf format, 27Kb)
- As Constructed Drawing (pdf format, 25Kb)
- Adoption of Private Roads (pdf format, 37Kb)
Highway standard details
See more information about the standard details to assist in the design of S38 and S278 highway works and private street works.