S278 and S38 agreements for 2023-24, 2024-25 and 2025-26
Case reference FOI2026/01215
Received 26 May 2026
Published 23 June 2026
Request
In accordance with the terms of the Freedom of Information Act 2000, I write with the below requests for information. All years specified refer to financial years.
Highway Bond Provision
1. What is the total bond value for S278 and S38 agreements for
a) 2023-24,
b) 2024-25 and
c) 2025-26?
2. What is the total number of bonds completed in
a) 2023-24,
b) 2024-25 and
c) 2025-26?
3. What is the total number of residential units associated with the planning applications linked to the S278 and S38 agreements referenced in Questions 1 and 2?
Please give your answers for
a) 2023-24,
b) 2024-25 and
c) 2025-26?
4. What is your inspection fee or percentage applicable relevant to the bond provision for S278 and S38 agreements?
5. What items of adoptable highway infrastructure currently attract commuted sums, and what are the individual costs?
S278 Timescales
6. What was the average time taken from technical submission to technical approval of a S278 agreement in for
a) 2023-24,
b) 2024-25 and
c) 2025-26?
7. What was the average time taken from technical approval to the completion of a Section 278 legal engrossment in for
a) 2023-24,
b) 2024-25 and
c) 2025-26?
8. What was the average time to grant a Streetworks Permit, post execution of Legal Engrossment for
a) 2023-24,
b) 2024-25 and
c) 2025-26?
9. What was the average total time taken from technical submission to formal adoption of a S278 agreement in
a) 2023-24,
b) 2024-25 and
c) 2025-26?
S38 Timescales
10. What was the average time taken from technical submission to technical approval of a S38 agreement in
a) 2023-24,
b) 2024-25 and
c) 2025-26?
11. What was the average time taken from technical approval to the completion of a Section 38 legal agreement in
a) 2023-24,
b) 2024-25 and
c) 2025-26?
12. What was the average total time taken from technical submission to formal adoption of a S38 agreement in
a) 2023-24,
b) 2024-25 and
c) 2025-26?
Response
In accordance with the terms of the Freedom of Information Act 2000, I write with the below requests for information. All years specified refer to financial years.
Highway Bond Provision
1. What is the total bond value for S278 and S38 agreements for
a) 2023-24,
b) 2024-25 and
c) 2025-26?
Answer: Please see the table below. The Service Area have advised this is for Agreements signed within these financial years.
|
Year |
Value S38 |
Value S278 |
|
2023/24 |
£3,639,950.00 |
£2,394,518.00 |
|
2024/25 |
£1,940,300.00 |
£2,124,000.00 |
|
2025/26 |
£3,074,300.00 |
£832,697.32.00 |
2. What is the total number of bonds completed in
a) 2023-24,
b) 2024-25 and
c) 2025-26?
Answer: Please see the table below:
|
Year |
No. of S38 |
No. of S278 |
|
2023/24 |
13 |
10 |
|
2024/25 |
8 |
8 |
|
2025/26 |
3 |
4 |
3. What is the total number of residential units associated with the planning applications linked to the S278 and S38 agreements referenced in Questions 1 and 2?
Please give your answers for
a) 2023-24,
b) 2024-25 and
c) 2025-26?
Answer: This information is not held.
4. What is your inspection fee or percentage applicable relevant to the bond provision for S278 and S38 agreements?
Answer: 10%
5. What items of adoptable highway infrastructure currently attract commuted sums, and what are the individual costs?
Answer: Please see the table below. The Service Area have advised we use the “County Surveyors Society Commuted Sums for Maintaining Infrastructure Assets Guidance”.
|
Traffic Signals |
Costed at market rate at the time |
|
High Friction Surfacing |
Costed at market rate at the time |
|
Balancing Ponds / SUDS |
Costed at market rate at the time |
|
Trees |
Costed at market rate at the time |
|
Non-standard surfacing |
Costed at market rate at the time |
S278 Timescales
6. What was the average time taken from technical submission to technical approval of a S278 agreement in for
a) 2023-24,
b) 2024-25 and
c) 2025-26?
Answer: This information is not held.
7. What was the average time taken from technical approval to the completion of a Section 278 legal engrossment in for
a) 2023-24,
b) 2024-25 and
c) 2025-26?
Answer: Please see the table below. The Service Area have advised timescales are dependent upon information being received from developers/their solicitors and their ability to procure a bond. We will not sign the Agreement until the bond is in place.
|
Year |
Average Time Taken |
|
|
2022/23 |
280 days |
Allocated into this year by date agreement signed |
|
2023/24 |
338 days |
Allocated into this year by date agreement signed |
|
2024/25 |
130 days |
Allocated into this year by date agreement signed |
8. What was the average time to grant a Streetworks Permit, post execution of Legal Engrossment for
a) 2023-24,
b) 2024-25 and
c) 2025-26?
Answer: The Service Area have advised Street works permits are dealt with under the required statutory timescales from the time a street works permit application is made by the developer.
We do not hold the average time it takes to assess a permit application. However, the response times vary depending on the type of permit; if a permit assessment is not made within these response times (which are defined in the DFTs Permit schemes: statutory guidance for highway authorities) the permit will deem.
The table below shows what percentage of permit applications within each category that were assessed by an Officer and which were not allowed to deem (be automatically granted). Please be advised, the figures have been provided for calendar years.
|
% Assessed Within Target |
|||||
|
Target |
2023 |
2024 |
2025 |
2026 YTD |
|
|
Major |
5 Days |
99.13% |
98.58% |
98.93% |
96.25% |
|
Standard |
5 Days |
99.51% |
99.85% |
98.79% |
95.95% |
|
Minor |
2 Days |
99.46% |
99.09% |
99.01% |
98.60% |
|
Immediate |
2 Days |
99.88% |
99.82% |
99.85% |
99.41% |
9. What was the average total time taken from technical submission to formal adoption of a S278 agreement in
a) 2023-24,
b) 2024-25 and
c) 2025-26?
Answer: This information is not held.
S38 Timescales
10. What was the average time taken from technical submission to technical approval of a S38 agreement in
a) 2023-24,
b) 2024-25 and
c) 2025-26?
Answer: This information is not held.
11. What was the average time taken from technical approval to the completion of a Section 38 legal agreement in
a) 2023-24,
b) 2024-25 and
c) 2025-26?
Answer: Please see the table below. The Service Area have advised timescales are dependent upon information being received from developers/their solicitors. We will not sign the Agreement until the bond is in place.
|
Year |
Average Time Taken |
|
|
2023/24 |
506 days |
Allocated into this year by date agreement signed |
|
2024/25 |
379 days |
Allocated into this year by date agreement signed |
|
2025/26 |
771 days |
Allocated into this year by date agreement signed |
12. What was the average total time taken from technical submission to formal adoption of a S38 agreement in
a) 2023-24,
b) 2024-25 and
c) 2025-26?
Answer: This information is not held.
Documents
This is Herefordshire Council's response to a freedom of information (FOI) or environmental information regulations (EIR) request.
You can browse our other responses or make a new FOI request.