Development and Highways



Endorsed by CIHT for CPD                                                                                                                                                   Approved by IHE

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

Aims & Objectives:

This course has been specifically designed for those who have practical experience of highway issues. Topics will be dealt with in detail and delegates are encouraged to participate from their personal experience. Case law updates as well as interpretation of existing statutory provisions will be considered in detail. Duties of a local highway authority and the manner in which a highway authority takes decisions will also be discussed.

Course Outline:

  • Drafting relevant documentation, highlighting such issues as planning conditions and the likely contents of planning and highway agreements
  • 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 the 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 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 Town and Country Planning Act 1990 - Orders under Sections 116 and 124 of the Highways Act 1980>/li>
  • 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

Mode of Delivery:

  • Initial Assessment
  • Detailed consideration of course notes
  • Interactive Exercises
  • Discussion
  • Feedback Activity

Benefits of Attending:

  • For practical purposes, knowledge of highway law and its interaction with planning law concerning development issues is up-to-date. The experiences of development related issues with others attending the course will be mutually beneficial to all delegates

Pre-Course Requirements:

  • Clear understanding and experience of highway issues, some knowledge of planning law is desirable but not essential