Section 38, Section 278 and Private Street Agreements

Highway agreements for alterations to an existing road or creation of a new road.

The Highway 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 Highway 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 Highway Agreements Team. The private street submission application form will soon be available to download from here, in the meantime please contact the Highway Agreements Team to request the submission requirements.

How to submit your application

All Section 38/278/PSA submissions applications and accompanying documentation must now be made electronically in PDF format.

Applications and contact queries can be sent to our Road Agreements team.

Due to all staff now working from home, initial response time may be extended. This situation will be kept under review.

Fees

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 Highway 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.

Pre-submission service

As of 1 April 2021 Oxfordshire County Councils Highway 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 highwayagreements@oxfordshire.gov.uk, 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, and testing.
  • Adoptability requirements – if the development is envisaged to be adopted, the meeting can be used to discuss the 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, and 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.

 

  • £4,127 - S278/S38 Pre Submission Advice (Submission review with short report and 2-hour meeting) Up to scheme value £500k
  •  £5,891 - S278/S38 Pre Submission Advice (Submission review with short report and two-hour meeting) scheme value in excess of £500k
  • £294 - Follow-up Pre-submission Advice each meeting
  • £588 - Follow-up Pre-submission Advice each site meeting
  • £294 - Follow-up Pre-submission Advice each written response additional to follow-up meeting/site visit
     

Commuted sums

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 Highway 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 Highway Agreements Team, those teams will be able to confirm their fee structures when you request from them.

Road space booking

Road space booking and traffic management advice service.

Electrical equipment in the highway

For all electrical equipment within the highway or that is proposed for adoption by OCC, a District Network Operator (DNO) connection is required. If a DNO is not achievable, then alternative connections will need to be explored that will require OCC approval and accrue an additional Commuted Sum.

Information sheets

Technical phase

Construction phase

Adoption phase

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.