Alastair Frew#1605

Alastair Frew

I am a partner in Lodders’ Real Estate Group and head of the Business Property team, having joined the firm in 2002. My clients often include business owners, commercial developers, private investors, and niche housebuilders, as well as the financial institutions that fund them. I also lead the Renewable Energy team at Lodders. In this team, we guide a growing number of landowners through the complex documentation needed for matters like forming a solar PV development, establishing a battery storage scheme, and incorporating a wind farm. I have published books through Law Brief Publishing on the subjects of highways and renewable energy, and regularly contribute to Lexis Nexis.
Contributed to

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Countryside—the right to roam
Countryside—the right to roam
Practice Notes

This Practice Note summarises the public’s statutory right to roam under the Countryside and Rights of Way Act 2000, including the basic definition of access land, the 13 general exceptions where the right to roam does not apply, the restrictions on the use of access land, and the duty of the Natural England and Natural Resources Wales to review the maps at roughly ten-yearly intervals. It notes that the access authorities, which are the National Park Authorities, the highway authorities and the Broads Authority, may construct means of access to access land, and make byelaws regulating the use of access land.

Definition and classification of highways
Definition and classification of highways
Practice Notes

This Practice Note refers to people’s legal right to use vehicular transport, ride a horse or drive animals along most highways. It explains that the most frequent classifications of highways into types are by permitted traffic (for example, a footpath or bridleway) and maintenance authority (for example, a classified road or GLA road). There is also an alphabetical list with description of the major highway types in England and Wales.

Definitive map and modification orders
Definitive map and modification orders
Practice Notes

This Practice Note summarises the statutory basis, nature and function of the definitive map and statement that a highway authority must keep of the public rights of way in its area, under the Wildlife and Countryside Act 1981 (WCA 1981). It explains the highway authority’s duty to keep the map and statement under constant review and to update and modify them where necessary, and the events and orders that will require modification of the map and statement. It sets out the procedures for making a modification order, both for when it is initiated by the authority, and for when it is initiated by an application to the authority from another party.

Highways, street works and statutory undertakers
Highways, street works and statutory undertakers
Practice Notes

This Practice Note explains the procedure for statutory undertakers and those with street work licences to use the highway for utility works and apparatus through the statutory provisions in the New Roads and Street Works Act 1991 and other enabling legislation. It explains who are statutory undertakers. It sets out the duty of care owed both statutory and in common law to other highway users.

Nuisance on highways
Nuisance on highways
Practice Notes

This Practice Note explains the law of nuisance in relation to highways, noting that the common law on this issue is expressly preserved by section 333 of the Highways Act 1980. It discusses the circumstances in which builders’ works, scaffolding and skips, racing and unsuitable traffic, stationary traffic, and bridges and beams across the highway may be a nuisance, referring to common law and statute. It also provides an overview of potential nuisances from adjoining property, including domestic or farm animals, pigeons, smoke and fumes, and trees.

Ownership of highway land
Ownership of highway land
Practice Notes

This Practice Note discusses the difference between highway land merely vested in the highway authority and highway land belonging completely to the authority. It summarises key cases and legislation including the Highways Act 1980 (HiA 1980) and the Local Government Act 1929, and explains that where the highway land is merely vested, the highway authority’s ownership extends physically to the top two spade-depths of the relevant land or as far down as is necessary for the construction and maintenance of the highway, including its drains. While such a vested ownership is usually sufficient, highway authorities may buy freehold estates in land under HiA 1980 for the construction of new or improved highways.

Required signs and marking the road surface
Required signs and marking the road surface
Practice Notes

This Practice Note explains the definition of a traffic sign under the Road Traffic Regulation Act 1984, the powers and duties of a local traffic authority regarding putting traffic signs up on a highway, and the prohibition on putting up traffic signs for most other organisations and people. It provides an overview of central government controls aimed at achieving uniformity, referring extensively to the Traffic Signs Regulations and General Directions 2016, SI 2016/362.

Standards of highway maintenance
Standards of highway maintenance
Practice Notes

This Practice Note explains that the quality of highway maintenance required depends on the expected ordinary traffic on the highway in question. It also explains that individuals who sustain injury from danger on a highway can sue the highway authority for negligence and that if the highway authority can prove it took reasonable care it has a statutory defence under the Highways Act 1980. It also notes that at common law, the duty is to keep the highway in reasonable condition, not improve it. The authority must conduct routine inspections of the highway surface and have a system for incoming reports of damage, but the duty to keep the highway in repair does not extend to the damage done by extraordinary traffic.

A client is buying an industrial unit which is unheated. The building was entirely re-roofed in 2016, but
A client is buying an industrial unit which is unheated. The building was entirely re-roofed in 2016, but
Q&A

This Q&A discusses when work requires consent under the building regulations, specifically after being re-roofed.

A council has served a notice under section 167 of the Highways Act 1980 on a landowner due to the
A council has served a notice under section 167 of the Highways Act 1980 on a landowner due to the
Q&A

This Q&A considers the aesthetic obligations on a highway authority when it decides to repair a wall which verges on the highway when the landowner refuses to do so.

A person intends to buy a property subject to a tree preservation order (TPO) relating to two beech
A person intends to buy a property subject to a tree preservation order (TPO) relating to two beech
Q&A

This Q&A discusses the liability of a successor in title if their predecessor has breached a tree preservation order.

Are there any powers which a local council can rely on to access private land in order to carry out
Are there any powers which a local council can rely on to access private land in order to carry out
Q&A

This Q&A considers the highway authority’s powers to maintain lighting equipment.

Are there any rights of way for pedestrians around/alongside security barriers, ie does sufficient space
Are there any rights of way for pedestrians around/alongside security barriers, ie does sufficient space
Q&A

This Q&A considers the industry code of practice for the manufacture, installation and maintenance of gates and barriers so they are safe for pedestrians.

Can a highway authority compel a railway company to undertake repairs to a railway bridge when the lack
Can a highway authority compel a railway company to undertake repairs to a railway bridge when the lack
Q&A

This Q&A considers whether a highway authority can compel a railway company to undertake repairs to an unsafe railway bridge.

Can a local authority serve a notice under section 149 of the Highways Act 1980, addressed to persons
Can a local authority serve a notice under section 149 of the Highways Act 1980, addressed to persons
Q&A

This Q&A considers whether a local authority can serve a notice under HiA 1980, s 149 to an unknown person for a transit van which was left on a highway.

Can a local highway authority manage parking and traffic (ie paint yellow lines and enforce parking
Can a local highway authority manage parking and traffic (ie paint yellow lines and enforce parking
Q&A

This Q&A considers whether a local highway authority can manage parking and traffic on a non-publicly maintainable highway.

For the purposes of section 149 of the Highways Act 1980, what constitutes ‘dangerous’?
For the purposes of section 149 of the Highways Act 1980, what constitutes ‘dangerous’?
Q&A

This Q&A considers what constitutes ‘dangerous’ for the purposes of section 149 of the Highways Act 1980.

If an unadopted highway has fallen into disrepair, what rights are open to an individual whose right to
If an unadopted highway has fallen into disrepair, what rights are open to an individual whose right to
Q&A

This Q&A considers what rights are available to an individual whose right to pass and repass over an unadopted highway has been restricted by its state of disrepair.

Is there a legal duty on a highways authority to consult with the public on proposed highway works eg
Is there a legal duty on a highways authority to consult with the public on proposed highway works eg
Q&A

This Q&A considers whether a highways authority has a duty to consult with the public on proposed highway works.

Who is responsible for repairing and maintaining a railway bridge which is in private ownership but over
Who is responsible for repairing and maintaining a railway bridge which is in private ownership but over
Q&A

This Q&A considers who is responsible for repairing and maintaining a railway bridge which is in private ownership but over which a public highway is located.

Practice Area

Panels

  • Contributing Author
  • Q&A Panel

Qualified Year

  • 1996

Education

  • University of Liverpool (BA Hons)
  • University of Central England (CPE and LPC)

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