The county council as highway authority is a statutory consultee for all planning applications with transport impact, as well as authorising authority for any resulting highway works (under Section 278 and Section 38 agreements) required as part of a development.
Pre-application advice Planning applications Section 278 agreement Road adoption (Section 38) Travel plans Highway design guide Planning obligations guidance toolkitOur approach to Section 106 agreements or ‘planning gain’.
We welcome and encourage discussions on the transport impacts of new development proposals before a developer submits a planning application.
By seeking transport pre-application advice, developers are able to work collaboratively with us to solve problems, enhance sustainability, improve the quality of designs and provide more certainty for stakeholders.
Email HighwaysPlanning@hertfordshire.gov.uk for more information.
We comment on all planning applications which have an impact on transport.
Contact your local district or borough council for information on planning applications.
The county council is the Local Planning Authority for planning applications involving mineral workings, waste management activities and our own services.
Section 278 agreement
As the highway authority, we give authorisation for any work on the highway.
Work cannot begin until the Section 278 agreement is completed and a bond (if necessary) is secured.
Any unauthorised work on the highway, undertaken without a Section 278 agreement (or other required highway consent), will result in enforcement action taken against the developer and / or contractor. That includes the recovery of costs.
Becoming an approved contractor to work on the public highway
Work on the public highway can only be undertaken by a contractor that we approve.
As the local highway authority in Hertfordshire, we provide a free assessment of contractors that want to undertake works on the public highway.
How to apply
Email us a copy of:
- your valid CHAS Certificate and a covering letter. You must be CHAS approved.
- a copy of your £10million Public Liability Insurance
- Proof of experience of working on the Highways
- 2 references.
Do I need to be approved for s278, s38 and s50 works?
Yes, you must be approved by us to carry out these works on the public highway.
Even if we've approved you, you still need to get a Section 50 licence.
What constitutes breach or removal from the list?
- Breach of any Highway related current Legislation, i.e. The Traffic Management Act, New Roads & Street Works Act and The Highways Act.
- Failure to comply with current Safety at Street Works and Road Works (CoP).
- Working on the highway without the required agreement or a permit being in place.
- Repeated poor quality work.
- Use of a non-approved sub-contractor.
For more information email email@example.com.
Road adoption (Section 38)
New roads that have been constructed by developers will normally be adopted through a Section 38 Agreement.
Once a road is adopted it is ‘highway maintainable at public expense’.
Until a road is adopted, its maintenance remains the responsibility of either the developer/owner and/ or those living along the road.
If you would like to offer an existing road for adoption as highway
maintainable at public expense, the following criteria will need to be satisfied:
- The road provides wider public utility
- The road must be constructed to an adoptable standard
- The road must be offered for adoption by the owner (usually the developer) of the road.
- An Agreement under the terms of Section 38 of the Highways Act 1980 is made between the owner/developer and the County Council.
Find out if your road is adopted
Travel plans are essential for sustainable development. They aim to deliver sustainable transport objectives through a positive action plan.
We've created a Travel plan guidance document for business and residential development (May 2014) to help create a good travel plan.
As part of the BigHertsBigIdeas business partnership, we're inviting businesses to develop a transport strategy or travel plan with the aim of promoting more efficient and sustainable ways of travelling in the county.
If you have any questions, email us at firstname.lastname@example.org.