Explore our expert insights into the Highways Technical Approval process, including S278 and S38 approvals, common challenges, timelines, and how we help streamline safe, compliant and efficient delivery.
The Highways Technical Approval process is one of the most significant milestones in the lifecycle of a development, yet it remains one of the least understood.
In our latest podcast episode, we explore this essential topic in depth, with insights from Senior Associate Director and highways specialist Mark Baldwin, hosted by Ben Wakeling, our Head of Cost & Commercial.
Drawing on experience from both the developer side and the consultant side, Mark offers a rare dual perspective. He has experienced the pressure of trying to unlock a site while waiting on lengthy approvals, and he has also been the specialist working meticulously to secure those same approvals. This means he understands the technical, commercial and delivery challenges in equal measure.
Highways Technical Approval is the formal assessment carried out by a local highway authority to ensure that proposed works affecting the public highway are safe, compliant and fit for adoption. At its core, the process confirms that designs meet local standards, national legislation and best‑practice engineering principles.
Mark breaks down the two main approval routes under the Highways Act 1980:
For works within the existing adopted highway, such as:
S278 approvals ensure developments integrate safely into the current highway network.
For new roads or infrastructure intended for adoption, including:
S38 agreements provide the mechanism for the local highway authority to formally adopt new roads in new developments.
Mark also highlights related processes such as S37, Stopping Up Orders, and Traffic Regulation Orders (TROs), each carrying its own requirements, timescales and risks.
Why Highways Technical Approval Is So Important
Technical approval is not just a formality. It is a legal and safety-critical requirement that underpins the entire programme. Without technical compliance:
Mark shares examples of completed residential developments left unoccupied for months simply because S278 approvals were still pending, demonstrating how approvals directly influence viability, reputation and delivery confidence.
Timelines and Challenges Developers Should Expect
One of the biggest frustrations for developers is the length and variability of approval timelines. In the episode, we explore how long the Highways Technical Approval process really takes:
Approval delays can affect every part of the project:
This is why approval certainty is so valuable, and why our team works proactively to improve it wherever possible.
As one team of infrastructure, engineering and development specialists, we work collaboratively to reduce delays, increase certainty and support smooth delivery. Mark outlines several ways we help clients accelerate approvals and avoid repeated cycles of comments and redesign.
We engage early with local highway engineers, often during the planning stage, to understand expectations before designs are submitted. This reduces design risk and avoids late surprises.
We prepare detailed, coordinated design packs that address constraints proactively. By answering questions before they are asked, we reduce the number of design iterations required.
We help clients avoid unnecessary pre‑commencement conditions linked to S278 works, which often cause avoidable site delays.
Meeting with local authorities at the point of submission allows us to explain the design logic clearly, ensuring smoother and faster review cycles.
We include supporting designs such as lighting layouts, utilities information, and other key documents required for technical assessment, all of which help avoid delays later.
Our collective experience across design, planning, engineering and delivery enables us to drive the process with clarity, confidence and momentum.
Mark also shares what developers can do to create the conditions for success:
With the right information and early involvement, the approval process becomes far more predictable.
This episode is essential listening for anyone involved in civil engineering, infrastructure delivery, development planning or highways design in the UK. Whether you’re a developer, contractor, local authority officer or simply interested in how technical approvals shape project delivery, you’ll find plenty of practical insight and real‑world experience in this discussion.
Watch the full episode now: Brookbanks Podcast Episode #10: Highways Technical Approval Process
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