Highways

Highway law covers a multitude of issues from the construction, subsequent dedication, or adoption of a new road or footpath and provision of associated bonds and other forms of security; the stopping up, repairs to or improvement of an existing highway, through to oversail or overhang licences.

Our planning law team is highly experienced in all aspects of highway law, providing the legal expertise to ensure successful outcomes. We negotiate and draft complex agreements, frequently related to major planning applications or sites of strategic or local importance.

Our solicitors advise local authorities, including county, district and unitary authorities. We also work closely with highway authorities such as Transport for London and Highways England on a variety of schemes requiring a knowledge of highways legislation.

The firm’s CPO unit is proficient in advising and supporting clients on the CPO process, having been involved in a number of highway CPOs. These are generally for the provision of new highways infrastructure or to facilitate town centre regeneration schemes.

Our planning lawyers advise and assist clients on a full range of matters including:

  • Advising, drafting and negotiating section 177 licences; section 8, 38 and 278 agreements
  • Diverting or stopping up a highway, including securing the diversion or stopping up orders including by way of Side Road Order
  • Advising on the validity of traffic management orders
  • Schemes requiring substantial infrastructure works
  • Advising on planning policies relating to the National Planning Policy Framework
  • Strategic advice on highways issues arising from regeneration schemes
  • Assisting highway officers and consultants at public inquiry

Case highlights

  • Dealing with a large number of highway agreements for a County Council including advising on their standard templates.
  • Acting for a County Council in respect of the acquisition by agreement and CPO of a link road south of the main city intended to relieve congestion and open cross city connections.
  • Acting on behalf of a County Council to secure highway works and adoption to facilitate an important health facility in the county.
  • Advising on all highway related matters connected with major regeneration schemes and security management and maintenance in perpetuity for non-adopted estate roads.

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