Development & Highways - A Blueprint for Planning & Property Lawyers
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.
Who will undertake the work on the highway? What provisions should an agreement between a developer and the highway authority contain? What additional road safety and traffic management measures are to be taken into consideration? These are issues that need to be resolved at an early stage.
This seminar will also explore the topical issues such as commuted sums for future maintenance of highways and highway structures.
What You Will Learn
This seminar will cover the following:
- The drafting of 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
- 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
- Reference will be made to the new National Planning Policy Framework insofar as it relates to Planning conditions and obligations only
Please let us know if you wish to be notified.
Please let us know if you wish to be notified when new dates are added for this programme