Highways & Public Footpaths

We advise on all areas of highways law and practice and public rights of way specifically where they are affected by development proposals.  It is often key to ensure that the rights of way affected by any development are taken into account as part of the planning permission and that the relevant orders are secured in a timely manner to ensure the permissions are affected.  We regularly advise on Section 278 Agreements for substantial schemes which are part and parcel of the off-site highways works required in particular for larger planning applications.

In particular, we can advise on the detailed provisions in relation to the following:

  • The creation of public highways by statute or common law.  It is important for landowners to ensure that rights are not created by virtue of a 20-year user
  • Maintenance of highways including the liability to repair by the Local Highway Authority where such highways are maintained on public expense
  • Civil liability of highway authorities in relation to the duties to maintain public rights of way
  • General improvement powers under the Highways Act 1980
  • Extinguishment and diversion of highways under Section 116, 118 and 119; including temporary diversions
  • The making up of private streets including the operation of the advance payment code
  • Traffic Regulation Orders and enforcement
  • The creation and maintenance of public footpaths and bridleways including modification orders in respect of the definitive map
  • Acquisition of land including compulsory purchase for highway schemes and objections to proposals by the Local Highway Authority