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Highways Legal Matters

There are any number of legal agreements involved in the highways aspect of development projects. The main ones a developer is likely to encounter are​:

  • S38 (Adoption of the streets within a development by the local highways authority)

  • S278 (Works to the existing public highway to facilitate the development)

  • S184 (Vehicle crossover & permanent access works)

  • S106 (T&CPA requirements for such items as contributions to road safety measures, schools, libraries. Can also be used by the local authority to restrict certain rights, such as the issuance of residents parking permits)


There are numerous others that a developer may come across in the course of a project and these can fall under various acts such as the Town & Country Planning Act, the Highways Act (1980) the Private Street Works Code, Stopping Up orders, Footpath Diversion Orders, Definitive Map Modification Orders, etc. We have extensive experience in these matters.

Whilst we are not solicitors and cannot advise directly on legal matters we provide assistance, comments and advice to clients when negotiating the terms of such items as may reasonably be incorporated into such an agreement. Where specific issues are raised we can recommend appropriate legal expertise via our extensive network of legal contacts

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