Small Scale S278 Application Form Issue 15 August 2018
Page 5 of 8
Developer’s Guidance Notes – Small Scale Section 278
Schemes vary in complexity and it is not possible to accurately predict a timescale for approval. The
Council’s service response standard is to provide an initial technical response within 4 weeks of validation;
however, we endeavour to respond before this time where possible.
Completion of the short form licence does not constitute permission / authority to commence works
immediately thereafter. Works within the public highway must not commence until the licence is in place
and all pre-commencement clauses discharged.
Due to the risk of abortive work, the Council will not normally process an application for a Small Scale
S278 Licence before Full or Reserved Matters Planning Approval has been issued and all relevant pre-
commencement conditions discharged. Evidence of such approval/discharges must accompany the
application. However, if the LHA is reasonably confident that planning permission is imminent and that no
changes to the layout will be made, the Council may at the discretion of the Highway Control Team
Manager, accept the application. Fees in this scenario are NON-REFUNDABLE and will be credited to the
Final Licence Fee (if applicable) if and when a Short Form S278 Licence is completed. In the event that
planning consent is not forthcoming for the submitted layout; and the layout changes, a new application
with all relevant fees will be required.
PCC ERCS is the Peterborough City Council Estate Road Construction Specification.
1. Planning Approval Conditions Precedent
The Local Planning Authority (LPA) may attach conditions precedent which have the potential to alter
the layout or otherwise impact upon it, e.g. conditions specifying certain access geometry dimensions,
conditions relating to hard and/or soft landscaping schemes etc. Copy of confirmation from the LPA
that all conditions have been discharged including copies of plans submitted to discharge said
condition must also be supplied with this application. If such a condition is breached, it may render
the whole development unlawful; i.e. without planning permission. Please note that the submission
of technical details direct to the Local Highway Authority (LHA) with a Small Scale S278 application
does not constitute an application to the LPA to discharge a planning condition. Any such application
to discharge a planning condition must be made formally and independently to the LPA.
Where a Developer uses an agent or consultant to act on its behalf, all correspondence from the
Highway Control Team will go direct to the agent/consultant and will be copied to the Developer.
3. Licence Fee
A non-refundable Licence Fee is charged by the LHA in respect of all Small Scale S278 applications.
a. The Licence Fee is calculated at 8% of the Works Value or £3,000 minimum.
b. An invoice will be raised for the initial fee ‘Part 1 Licence Fee’ upon receipt of the application,
which will be a minimum of £3,000 or 50% of the LHA’s estimated works value (whichever is
less). The application will not be validated until this invoice is paid.
c. If applicable, an invoice will be raised for the second fee ‘Part 2 Licence Fee’ upon technical
approval for the balance of the fee if the full licence fee is calculated to be more than £3,000.
The Licence will not be completed until this invoice is paid.
d. If any of the plans are amended by the developer other than at the request of the LHA,
additional fee’s will be charged at a rate of £500 per amendment.
e. If the Licence is not completed within 1 month of technical approval, an additional fee may
be charged and the Security Deposit amount reviewed.