Our legal processes for Section 184, 278 and 38 Agreements

When your application has achieved technical approval we'll contact our Legal Team.

We'll instruct them to act on our behalf to negotiate the clauses of the agreement.

You'll need to enter an undertaking to cover our legal costs in full.

Section 184 Licences do not require involvement from the our legal department because we do not negotiate the clauses of this agreement.

You will need to give us a bond for the value of the highway works (either a cash deposit or a surety provided by a third party). This is to ensure we are able to complete the works if you're unable to.

The bond amount we require will be reduced significantly upon practical completion of the highway works. It will then be returned to you, upon adoption of your works, subject to any necessary reductions.

You will need to pay an ETMMC deposit.

A standard ETMMC deposit is £10,000 payable on completion of the agreement.

We will use this money to correct any traffic management problems that you're unable to resolve within the timescales set out in the agreement.

We'll return all unused monies upon adoption of the works.

If your proposals need additional licences, this will need to be drafted as part of the legal agreement.

Examples for other licences include:

• easements - access rights over private land to facilitate highway works
• structures – to be placed within the highway land
• oversail – for the erection of permanent or temporary structures that overhang the highway
• planting – for the planting of vegetation within the highway land other than grass verges or trees as approved