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Development and Highways

The consequential effect that new development proposals are likely to have on an existing highway network is an issue highway officers must deal with on a daily basis. Additional road safety and traffic management measures may need to be implemented to cater for the development proposals. Who will undertake the work in the highway? What provisions should an agreement between a developer and the highway authority contain? These are issues that need to be resolved at an early stage. The proposals for new developments may require the extinguishment of existing highways and/or the creation of additional highways. Significant landownership issues may arise, as well as unusual problems regarding the stopping up of existing highways and access to such highways as well as the adoption of newly created highways. There are many issues that those involved in such a process must be aware of and give appropriate consideration.

This course is designed to meet the needs of these involved in the development process, in developers, highway engineers, planners and lawyers and will focus on the drafting of relevant documentation highlighting such issues as planning conditions and the likely contents of planning and highway agreements. Topical issues such as commuted sums for future maintenance of highways and highway structures will be considered in detail. The topics covered will include:

  • Planning conditions and highways - Impact on development

  • Planning obligations - Agreements and undertakings under section 106 of the Town and Country Planning Act 1990

  • Section 278 Agreements - The detailed provisions concerning the contributions made by developers towards highway works - when payments should be made, who will undertake work, the timing of works, and a guide to the essential provisions

  • Highway Licences - Licences for developers to construct bridges and other buildings over highways

  • Temporary Traffic Orders and notices - Restrictions on the use of highways for development purposes - section 14 Road and Traffic Regulation Act 1984

  • Stopping up and Extinguishment of Highways and Access to Highways - adopting the appropriate legal provisions - Orders made by the Secretary of State under section 247 and Country Planning Act 1990 - Orders under Sections 116 and 124 of the Highways Act 1980

  • The "Advance Payments Code" - Payments to be made by owners of new buildings in respect of street works

  • Adoption of Private Streets - Power of highway authorities to adopt private streets as highways maintainable at public expense - Section 38 agreements


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