Agreements for private developer-funded highway works on the Transport for London Road Network (TLRN) are made under Section 278 of the Highways Act 1980, as amended by Section 23 of the New Roads and Street Works Act 1991.
These Section 278 agreements provide financial and insurance mechanisms for ensuring delivery of mitigation works identified as necessary for planning permission to be granted.
Before we begin the process of entering into a Section 278 agreement, we require that:
- Full planning consent has been given for the proposed works
- The developer has entered into an Abortive Costs Undertaking (ACU)
- The Section 278 works have been deemed to be of benefit to the public
- All land necessary to implement the Section 278 works is in the control of the developer
As highway authority, TfL has the power to decide the acceptability of a contractor that works on the TLRN. We will expect Section 278 projects to be delivered via TfL's London Highway Alliance Contract (LoHAC) Team, unless there are strong specific project or development reasons to consider an alternative delivery mechanism.
Please email requests to Section278Team@tfl.gov.uk to enter into a Section 278 agreement for schemes on the TLRN.
Residential vehicular crossovers
Agreements for residential vehicular crossovers (also known as dropped kerbs) on the TLRN are also made under Section 278 of the Highways Act 1980, as amended by Section 23 of the New Roads and Street Works Act 1991.
To get a vehicle crossover on the TLRN (also known as red routes), the Local Planning Authority must grant planning permission.
As the TLRN is entirely made up of classified roads, a vehicular crossover on the red route cannot be determined under Permitted Development Rights. Details of how to apply for planning permission will be available on the local Council's website.
The Local Planning Authority will consider each application and consult us before issuing a decision notice. See below issues that we will take into account when consulted on these applications.
We can only facilitate the works through a Section 278 agreement once you have received planning permission. Email Section278Team@tfl.gov.uk with a copy of your decision notice and we will be able to arrange the works.
An administration fee will be payable, and the entire cost of the works must be covered by the resident.
Before applying for a residential crossover
The Local Planning Authority will contact our Spatial Planning Area teams to consult on the proposals. If you have any questions about a planning application (or for pre-application advice) for a residential vehicle crossover, email SpatialPlanning@tfl.gov.uk.
We will consider all applications on their own merit. Please bear in mind our general guidance when considering whether to apply for planning permission:
- Is there enough space to turn around on site? We do not allow vehicles to reverse onto, or reverse off of, the TLRN. For reference, a minimum unobstructed area of 10 metres x 8 metres within the property boundary is usually required for a car to be able to turn on site. We are likely to object where the unobstructed area within the property boundary is less than this
- What is the speed of the road? We are likely to object to applications on dual carriageways or where the speed limit is 40mph or more on safety grounds
- How far from the nearest pedestrian crossing? We are likely to object if it would interfere with a pedestrian crossing, or require the removal of pedestrian guard rail
- Will vehicles leaving the property have good visibility of pedestrians and traffic in both directions?
- How far is the crossover from the nearest junction? We are likely to object to crossovers within 10 metres of the nearest junction on safety grounds
- How far is the crossover from the nearest bus stop? We are likely to object where use of the crossover would interfere with, or be hazardous to, bus movements or a bus stop
- Will the entrance be gated? If so, the gates should only open inwards and there must be enough space for the vehicle to wait off the carriageway while the gates open
- Will any street furniture (for example, lamp posts, bollards etc.) be affected? If so, the cost of relocating these items would be incorporated in the cost of the works
- Will any trees, hedges or grass verge need to be removed? We object to all applications that propose removal of green estate, particularly trees. If approved, compensation for the loss of green estate will be payable to us
- Will the proposals require changes to on-street parking/loading bays? If so, the cost of the Traffic Regulation Orders to alter restrictions will be incorporated in the cost of the works. We may object if the loading/parking bay cannot be easily and safely relocated
- Does the property have existing vehicular access? Where possible, access from the TLRN should be a last resort