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Highways Agreements

A highway work agreement legally allows a person or organisation to carry out proposed construction works on the highway and are usually related to new development sites.

Types of highway agreements

There are 3 main types of agreements:

Major work agreement

These are for highway improvements such as a new road alignment, roundabout, traffic signal controlled junction, etc.

They are carried out under Section 278 Highways Act 1980 if we are the employer of the works contract or Section 111 Local Government Act 1972 and Section 130 Highways Act 1980 if the developer is the employer of the works contract. We will decide which method to use following an application. 

Minor work agreement

These are for smaller works such as footway improvements, a new bell-mouth access, etc.

They are also carried out under S111 Local Government Act 1972 and section 130 Highways Act 1980.

New Road(s) Agreement

These are for a newly constructed road that would be prospectively publically maintainable.

They are carried out under a Section 38 Highways Act 1980. If this type of agreement is required, then certain criteria concerning the detailed engineering design of the roads and footways, street lighting and drainage must also be met before a Section 38 agreement can be undertaken, as governed by Section 7 of the Staffordshire Act 1983.

Please refer to our Agreements flowchart (347 KB) to identify which agreement you may need. 

How much do they cost?

A minor agreement costs £2,750 per agreement.

A major agreement (either S111 or S278) attracts an upfront fee of between £7,500 and up to 7% of the value of the overall scheme. This covers preliminary design work and also any abortive costs should the agreement not complete. The full major agreement will cost more than this depending upon the type and scale of the scheme. 

How can I apply?

New road agreement (Section 38)

Email us on road.adoptions@staffordshire.gov.uk.

Major and minor agreements

Please see the relevant information pack below.

Complete the form in full.

Email it together with any required documents to road.adoptions@staffordshire.gov.uk.

Or post to:

Staffordshire County Council
Development Control
3rd Floor
Staffordshire Place 1
Stafford
ST16 2LP 

Further information

To satisfy highway network road-space bookings, a permit to dig is required for major and minor works agreements which use the Section 111 process.

A permit to dig must be agreed and in place before work commences on the public highway.

There may also be additional permissions or licences required to undertake construction works on the highway, such as temporary traffic management, private drainage installations or a skip or scaffolding/hoarding licence.

For more information, please see the Network Management Unit page.

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