Highways & Transport

Developers are often required as part of delivering their developments to deal with highways authorities which can require the provision of highways works or payments to be made to them to be spent on highways works or other transport improvements. Typically, these requirements are imposed during the planning application process where the local planning authority consults the highways authority on the proposed development

We discuss below some of the common highways requirements for developments

Highways works legal agreements

Where highway works are required to be carried out for a development, these can be provided for under a legal agreement under Section 278 and/or Section 38 of the Highways Act 1980 which is entered into by the developer and the highways authority

Oversailing licences

Where as part of a development there is to be a bridge or a building which will oversail a highway then there may also be a requirement to obtain an oversailing licence from the highways authority under Sections 176 and 177 of the Highways Act 1980

Stopping up orders

To deliver a development, it may also be necessary to remove (or ‘stop up’) any public rights of way of a highway. This is achieved by applying for a stopping up order which can be made in either of the following ways:

• The Secretary of State can make a stopping up order pursuant to Section 247 of the Town and Country Planning Act 1990 in order to allow development to be carried out in accordance with a planning permission; or 
  
• The Magistrates Court can make a stopping up order pursuant to Section 116 of the Highways Act 1980 where a highway is unnecesary (e.g. it is no longer being used)  

Other highways legal matters

Highways authorities also have statutory powers under the Highways Act 1980 allowing them to maintain and improve highways, as well as enforcement powers, which developers need to be aware of

Our experience and why use our firm?

Our lawyers have experience advising on a wide range of highways issues, including:

• Negotiating highways works agreements under Sections 278 and 38 of the Highways Act 1980
  
• Negotiating oversailing licences for buildings & bridges under Sections 176 and 177 of the Highways Act 1980
  
• Providing advice on general highways issues and enforcement
  
• Applications for highways stopping up orders under Section 247 of the Town and Country Planning Act 1990 and Section 116 of the Highways Act 1980

Highway works agreements under Section 278 and/or Section 38 of the Highways Act 1980 are legal agreements, and therefore it is important that legal advice is sought on the terms of an agreement before it is entered into, particularly given that these agreements can impose significant liabilities on a developer and adequate protections need to be incorporated into the agreement

We also have a significant amount of experience in preparing and running stopping up order applications made to the Secretary of State and also to the Magistrates Court. These applications can involve the consideration of legal issues and it is therefore recommended that legal advice be sought